Is it possible to change the phone on the day of purchase? About the list of complex goods. Documents you need to have with you when making a claim

If in 2019 you wondered whether it is possible to return the phone back to the seller after purchase (to a store or to an individual) and get money - read the article and find out in what cases it is possible to make a refund and how to do it.

Important!

Please pay attention to the following:

This article discusses the possibility of returning only a new product (phone) that was purchased in an offline store (from an official representative, a commercial organization or an individual entrepreneur), if the product was purchased in an online store, then read;
no phone of proper quality(with defects), if the breakdown was not your fault, you can almost always return it within 10 years from the date of purchase;
if the phone is a large item, there are specifics when returning it, which can be found at;
if the product is a means of navigation and communication and has touch screen, then when he returns such goods poor quality the rules set out in ;
If the defective product is intended for cooking and is not electrical, then when returning it, the rules set out in the following rules apply:
If the defective product is a photo-video accessory and has a digital control unit, then when returning it, the rules set out by us apply.

So, you purchased, but now you want to return the phone and there is a need to return it. Now you need to decide on the following.

The phone you bought turned out to be of poor quality for a variety of reasons, for example:

factory defect of the phone (breakage as a result of a manufacturing defect, poorly functioning product);
defective coating - the paint has burst or cracked, there has been a scratch;
individual parts and elements are faulty;
defects of a different nature that do not allow the use of the product to the extent necessary, etc.

The phone you purchased is of good quality, but you didn’t like it due to some characteristics, For example:

I didn’t like the color of the phone, its shape or dimensions;
not satisfied with its design or the design of individual elements;
its size, color or configuration, etc. did not fit.

In the table you will find short review articles that will help you understand the essence and navigate the information
Good quality product
in most cases it is impossible to return, but there are options ()
Defective product
15 days have not passed	Can be returned with any defects
15 days have passed	Can be returned with significant defects
return period	during warranty
will return the money	within 10 days
What is necessary
Russian passport	Necessarily
product	Necessarily
check	not necessary
package	not necessary
legal consultation	desirable()

Returning a low-quality phone

The following circumstances are of fundamental importance when returning a phone:

whether 15 days have passed since the goods were delivered to you;
Is there a warranty for the phone?
if the warranty period is established, whether it has expired;
whether the service life is set on the phone;
If the service life is set, whether it has expired.

Important!

A low-quality phone is a technically complex product and special rules apply when returning it.

Return a phone with defects within 15 days from the date of delivery

Important!

The type of defect and its significance in this case does not matter - you have the right to return the phone with any defects that arose through no fault of yours, if 15 days have not yet passed from the date of delivery and the warranty period has not expired.

The period for returning the phone in this case is during the warranty period | .

Refund period

The refund period for a phone of inadequate quality, for which the warranty period has not expired, is 10 days from the date of submission of the claim | .

to the seller

general passport ();

Important!

Step 3 | Phone examination

Important!

Step 4 | Going to court

Step 6 | Receiving the money

The refund period is 10 days from the date of submission of the claim | ;
when returning the amount paid to the buyer, the seller (authorized person) does not have the right to withhold from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | ;
the buyer has the right to demand compensation for the difference between the price of the phone at the time of purchase and the price at the time of return | ;
if the phone was purchased through a consumer credit (loan), the seller is obliged to return the amount of money paid to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer credit (loan) agreement | .

The costs of returning the phone are borne by the seller (authorized person) | .

Returning a phone with defects during the warranty period

If any deficiencies are discovered, you have the right to:

refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for the phone | ;
demand compensation for the difference between the price of the phone established by the contract and the price of the corresponding product at the time of satisfaction of the claim | ;
demand full compensation for losses caused due to the sale of a phone of inadequate quality | .

Important!

the disadvantage is ;

Period during which you can return the product

The return period for the phone in this case is during the warranty period | .

Refund period

The refund period for a phone of inadequate quality, for which the warranty period has not expired, is 10 days from the date of submission of the claim | .

Who can make a claim?

A demand for refusal to fulfill the contract and return of the paid amount can be made:

to the seller– an organization, regardless of its organizational and legal form, as well as an individual entrepreneur selling goods to consumers under a sales contract | ;
authorized organization or authorized individual entrepreneur– persons authorized by the manufacturer (seller) to accept and satisfy consumer requirements regarding goods of inadequate quality | .

In addition, you can return a phone of inadequate quality and demand a refund of the amount paid from:

Documents you need to have with you when making a claim

general passport ();
telephone purchase and sale agreement (if available);
sales or cash receipt, check cashless payment, another document certifying the fact and terms of purchase.

Important!

The absence of a cash or sales receipt or other document certifying the fact and conditions of purchase of the phone in this case is not a basis for refusing to satisfy requests for a refund | .

Who proves the circumstances of the occurrence of defects?

If the phone has a warranty period, the seller (authorized person) is responsible for the phone’s defects unless he proves that they arose:

after handing over the phone to the consumer;
due to consumer violation of the rules for use, storage or transportation of goods, actions of third parties or force majeure.

Thus, the circumstances of the occurrence of defects are proved by the seller (authorized person) | .

Algorithm of actions in the case when the seller (authorized person) agrees to an undisputed refund

Step 1 | negotiations with the seller (authorized person)

In most cases, in order to return the phone back to the seller (authorized person), only your verbal request is required. Many sellers are customer-oriented enough to check for obvious defective goods on the spot and immediately return your money.

If this does not happen, go to Step 2.

Step 2 | Filing a claim (application) for cancellation of the purchase and sale agreement and return of the paid amount

Step 3 | Returning a low-quality phone

If you refuse to fulfill the phone purchase and sale agreement, the seller (authorized person) has the right to demand that you return the faulty phone.

The costs of returning the phone are borne by the seller (authorized person) | .

Step 4 | Getting money for a low-quality phone

When receiving money, please consider the following:

The refund period is 10 days from the date of submission of the claim | ;
when returning the amount paid to the buyer, the seller (authorized person) does not have the right to withhold from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | ;
the buyer has the right to demand compensation for the difference between the price of the phone at the time of purchase and the price at the time of return | ;
if the phone was purchased through a consumer credit (loan), the seller is obliged to return the amount of money paid to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer credit (loan) agreement | .

Algorithm of actions in the case when the seller (authorized person) does not agree to an undisputed refund of money

Step 1 | Filing a claim (application) for cancellation of the purchase and sale agreement and return of the paid amount

Step 3 | Phone examination

If, after checking the quality of the product, the seller (authorized person) believes that the consumer is the cause of the phone’s defects, then he (the seller) is obliged to conduct an examination of the phone. Detailed information You can find out about the examination on our website.

The period for conducting the examination is 10 days from the date of presentation of the request.
The examination is carried out at the expense of the seller (other authorized person).
The consumer has the right to be present during the examination.

If the consumer does not agree with the expert conclusion, he has the right to challenge it in court.

Important!

if, as a result of the examination of the goods, it is established that its defects arose due to circumstances for which the seller (authorized person) is not responsible, the consumer is obliged to reimburse him for the costs of conducting the examination, as well as the associated costs of storing and transporting the goods | .

Step 4 | Going to court

If the seller (authorized person) does not satisfy your demands pre-trial, you must go to court. Going to court requires legal qualifications, so to conduct a case in court, we recommend turning to professionals.

Step 5 | Enforcement of a court decision

If the seller (authorized person) does not want to voluntarily comply with the court decision, you have the right to choose:

contact the federal bailiff service Russian Federation, which is entrusted with the functions of enforcement of judicial acts;
send the writ of execution to the bank in which the seller (authorized person) has an account.

Step 6 | Receiving the money

When receiving money out of court, the following should be considered:

The refund period is 10 days from the date of submission of the claim | ;
when returning the amount paid to the buyer, the seller (authorized person) does not have the right to withhold from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | ;
the buyer has the right to demand compensation for the difference between the price of the phone at the time of purchase and the price at the time of return | ;
if the phone was purchased through a consumer credit (loan), the seller is obliged to return the amount of money paid to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer credit (loan) agreement | .

In the event of a refund of the amount paid for the phone in court:

the amount of recovery is established in a court decision;
the period and procedure for return are regulated by the legislation on enforcement proceedings.

Step 7 | Returning a low-quality phone

If you refuse to fulfill the contract for the purchase and sale of a telephone, the seller (authorized person) has the right to demand that you return the faulty telephone if it was not provided earlier.

The costs of returning the phone are borne by the seller (authorized person) | .

Returning a defective phone after the warranty period has expired (including when the warranty has not been established), but within 2 years from the date of purchase

You can return the phone even if the warranty period has already expired or has not been established.

If any deficiencies are discovered, you have the right to:

refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for the phone | ;
demand compensation for the difference between the price of the phone established by the contract and the price of the corresponding product at the time of satisfaction of the claim | ;
demand full compensation for losses caused due to the sale of a phone of inadequate quality | .

Important!

The type of defect and its significance in this case is of decisive importance - you have the right to return the phone only in the following cases | :

the disadvantage is ;
deadlines for eliminating deficiencies were violated;
it was impossible to use the product during each year of the warranty period for a total of more than thirty days due to the repeated elimination of its various defects.

Period during which you can return the product

The period for returning the phone in this case is 2 years from the date of transfer | .

Refund period

The refund period for a phone of inadequate quality for which the warranty period has expired (or if the warranty has not been established) is 10 days from the date of filing the claim | .

Who can make a claim?

A demand for refusal to fulfill the contract and return of the paid amount can be made:

to the seller– an organization, regardless of its organizational and legal form, as well as an individual entrepreneur selling goods to consumers under a sales contract – clause 2 of Art. 18 PDO;
authorized organization or authorized individual entrepreneur– persons authorized by the manufacturer (seller) to accept and satisfy consumer requirements regarding goods of inadequate quality - clause. 2 tbsp. 18 PDO.

In addition, you can return a phone of inadequate quality and demand a refund of the amount paid from:

Documents you need to have with you when making a claim

Who proves the circumstances of the occurrence of defects?

The burden of proof lies with the consumer; he must prove that the defects of the phone arose before it was transferred to the consumer or for reasons that arose before that moment | And .

Algorithm of actions in the case when the seller (authorized person) agrees to an undisputed refund

Step 1 | negotiations with the seller (authorized person)

The first step is to contact the store where you purchased the phone or any other official representative with an explanation of the reason for the defect and an offer for a refund.

Not very often, but it happens that the seller (authorized person) in this case agrees to return the money even after a verbal demand.

Step 2 | Filing a claim (application) for cancellation of the purchase and sale agreement and return of the paid amount

Step 3 | Returning a low-quality phone

If you refuse to fulfill the phone purchase and sale agreement, the seller (authorized person) has the right to demand that you return the faulty phone.

The costs of returning the phone are borne by the seller (authorized person) | .

Step 4 | Getting money for a low-quality phone

When receiving money, please consider the following:

The refund period is 10 days from the date of submission of the claim | ;
when returning the amount paid to the buyer, the seller (authorized person) does not have the right to withhold from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | ;
the buyer has the right to demand compensation for the difference between the price of the phone at the time of purchase and the price at the time of return | ;
if the phone was purchased through a consumer credit (loan), the seller is obliged to return the amount of money paid to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer credit (loan) agreement | .

Algorithm of actions in the case when the store does not agree to an undisputed refund

Step 1 | Filing a claim (application) for cancellation of the purchase and sale agreement and return of the paid amount

Step 2 | Phone quality check

seller (authorized person) has the right check the quality of the phone. Quality control is carried out according to the rules set out in, in which you will find more detailed information.

The period for quality control is 10 days from the date of submission of the request.
Quality control is carried out at the expense of the seller (other authorized person).
The consumer has the right to participate in checking the quality of the phone.

If the seller (authorized person) does not want to carry out a quality check, you should proceed to Step 3.

Step 3 | Phone examination

If the seller (authorized person) believes that the consumer is the cause of the phone's defects, the consumer is obliged to conduct an examination of the phone in order to establish that the phone's defects arose before its transfer to the consumer or for reasons that arose before that moment | .

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 meet their customers halfway similar 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 that is important to you was not voiced technical characteristics and parameters. 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 completed detailed instructions 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.

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.

Valid 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.

The buyer has the right to change a working mobile phone within two weeks after purchase - this clarification was issued by Rospotrebnadzor. Salons that refuse to exchange may be subject to administrative liability. Such rules may provoke unscrupulous users who want to rent cell phones for free for two weeks.

The current law on the protection of consumer rights states that the buyer has the right to exchange a non-food product of good quality for a similar product within 14 days from the date of purchase - if it is not suitable in shape, dimensions, style, color, size or configuration. In this case, the item being replaced must have no traces of use, retain its presentation, consumer properties, seals, labels, etc.

In addition, the law allows the buyer to return the product and get back the money paid if, at the time of his contact with the seller, an alternative desired replacement model is not available. This often led to abuse on the part of the consumers themselves: after all, one could always find an excuse and ask to exchange the purchased item for “the same one, but with mother-of-pearl buttons” or “without wings.” For example, before the start of the World Cup, large diagonal TVs were bought, and after the games they began to be returned under various pretexts.

Telephone-type portable radio station

At the same time, the Russian government has the right to determine the list of goods that are not subject to such exchange. This list includes, in particular, household radio-electronic equipment, computing and copying equipment, telephones and fax equipment, etc.

According to Rospotrebnadzor, in Lately There has been an increase in the number of citizens' complaints against communication shops that refuse customers to exchange cell phones of proper quality for a similar product of a different model. “According to the sellers... a cell phone, being a household radio-electronic equipment, is a technically complex household product and cannot be exchanged,” states the federal service.

The supervisory authority considers these arguments of the salons to be unfounded. According to the certificates, a cell phone is a product with the official name “wearable radio station” and has a code All-Russian classifier products (OKP) “radio communications, radio broadcasting and television for general use.” “Consequently, the name of the product “cell phone” is common and this product does not belong to the product class - household radio-electronic equipment. Also, cell phones do not qualify as telephones... Thus, the refusal to exchange the specified cell phone of proper quality for a similar product of a different model is unfounded,” concludes Rospotrebnadzor.

The letter published recently also notes that if there are complaints from citizens about the refusal to exchange a cell phone of proper quality for a similar product, the territorial bodies of Rospotrebnadzor are authorized to bring sellers to administrative liability - a fine in the amount of 10 to 30 thousand rubles.

Extremists or rights defenders

Some market participants note that buyers often abuse the right to return or exchange quality goods.

“All Russian consumers are divided into several groups: the first, most numerous, include those who do not know about their rights,” believes Mikhail Boytsov, managing partner of a law firm. “And many of those who know do not want to defend them for various reasons.” reasons, mainly due to laziness. The other part abuses the right and is ready to change the purchased product without objective reasons, just like that. From both a legal and a human point of view I will say: abuse of right in any form is not allowed! However, for this such consumers cannot be held accountable - unfortunately, our legislation does not stipulate such norms. In my opinion as a consumer, it is impossible to change working mobile phones - this infringes on the rights of bona fide buyers who, perhaps for a lot of money, purchase a product that has already been used from an unscrupulous owner,” the lawyer notes.

However, some large consumer electronics retailers are convinced that there are very few “extremist consumers”: “It is very difficult to imagine a person who will go to the store every two weeks and change their phone. In our network there are not even tenths of a percent, but only a few,” notes Anton Panteleev, public relations manager of the M.Video network. - The letter from Rospotrebnadzor will not affect our activities in any way: we have always changed and will continue to change mobile phones, like any other electronics sold. Moreover, our client has the right to do this within not 14, but 30 days after purchase. After all, a consumer who has bought a cellular device may realize in a few days that he is not satisfied with it. A prerequisite for exchange is the preservation of the product's presentation - if there are scratches or other signs of use, the exchange may be refused. The issue of returning goods, except in cases provided for by law, is resolved on an individual basis.”

Similar loyalty programs for buyers of certain goods that are formally not subject to replacement or return in the absence of manufacturing defects, etc., are also carried out by other retail chains. Thus, the Kay computer center promises to refund the amount paid if a number of computer components, monitors, etc. are returned within three days. This list includes landlines, while mobile phones, communicators and other means of communication cannot be returned. Additionally, this program does not apply to consumers who have paid for their purchase plastic card, on credit, etc.

But not all salon chains cellular communications They conscientiously replace mobile phones even with identified faults. One of the latest incidents: a resident of St. Petersburg, Kokhanovskaya, bought an expensive smartphone at the Svyaznoy store on Marshal Zhukov Avenue and three days later it began to malfunction. The salon refused to return the money, and the buyer herself had to send the device for examination - to service center she was updated software to the version recommended by the manufacturer. The Rospotrebnadzor Office considered such actions a violation, and the Arbitration Court of St. Petersburg and Leningrad region On October 25, he confirmed the conclusions of officials and the validity of the fine of 15 thousand rubles imposed on OJSC Svyaznoy SPb.

Yesterday I bought a phone (smartphone). I bought it hastily, because circumstances forced it. I needed a phone very urgently. When I bought it, I came home, started to figure it out, and found out that those functions on the phone that are fundamental to me do not work well. To be more precise, the music is played in very poor quality (I looked in the settings, downloaded all kinds of programs, but nothing helped, the problem was with the phone). Also, the cameras that are stated as 13-megapixel and 5-megapixel work poorly. The pictures are cloudy and of poor quality. Can I just exchange this phone for another phone in the same store?

Olga

There's an answer

Answers

Stryukovaty Vladimir ValerievichLawyer

Yes. Within 14 days from the date of purchase, you can exchange the product for a similar one if you have a receipt.

In accordance with the consumer protection law, any buyer has the right to exchange a product that does not suit him in size, style, color, configuration or any other reason within 14 days from the date of purchase. Moreover, the day of purchase is not taken into account when reporting these 14 days. It is worth noting that the product can be exchanged in this way if it has not been used, if its presentation has been preserved, labels and tags have not been torn off, packaging has been preserved, etc. When presenting a request to the seller to exchange goods, you will need to present a cash receipt or sales receipt (or any other document confirming payment for the exchanged goods). Even if you have lost a receipt or other document, you have the right to refer to witnesses who can confirm the fact of purchasing the exchanged product from this seller.

The Decree of the Government of the Russian Federation established restrictions on the exchange of certain types of goods, including telephones. BUT... The grounds for exchange are very broad: the product does not fit in shape, dimensions, style, color, size, or for other reasons cannot be used by the consumer. Such a limitless list makes it almost impossible to refuse an exchange due to the lack of grounds for this.

The legal uncertainty of the latter basis caused its exclusion from the first paragraph of paragraph 1 of Art. 25 of the Law and bringing this norm into compliance with paragraph 1 of Art. 502 of the Civil Code, where instead another basis for exchange is indicated - inappropriate equipment (Federal Law of the Russian Federation of December 17, 1999 N 212-FZ).

That is, by referring to the specified norm, you can present to the seller the fact of unsuitable configuration of the product as a basis. For example, poor camera resolution, quiet polyphony, lack of any function, etc.

Returning and exchanging mobile phones is no different from the procedure for returning other goods to a retail outlet. The main difficulty is associated with returning a working phone within the first 14 days after its purchase, if the buyer is not satisfied with the device for subjective reasons - he did not like the color, size or set of functions.

Is it possible? Are mobile phones classified as products that can only be returned if they are found to be faulty?

Returning a quality phone

(hereinafter referred to as ZZPP) 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).

You can get a refund for a quality item only if the seller does not have a similar product. But there is one important point. There is a List of non-food products that are not subject to return or exchange (hereinafter referred to as the List), given in Decree of the Government of the Russian Federation No. 55 of January 19, 1998.

Are telephones included in this List? Today, the category of goods “telephone sets” is present in the List under item 11, as well as in a separate List of technically complex goods of the Government of the Russian Federation No. 924 of November 10, 2011.

In the List of Technically Complex Goods, mobile phones are defined as “ equipment wireless communication for home use, with a touch screen and two or more functions ».

All this means that you cannot return (or exchange) a cell phone of good quality within the first 14 days after purchase! When filing a claim, the courts will almost always side with the seller, without doubting that the phone belongs to the category of technically complex goods. But there is one loophole in the PZPP - Article 12. It states that before selling a product, the seller is obliged to provide the buyer with complete and reliable information about it.

Based on Art. 12 ZPPP, in most cases you can persuade the seller to exchange (or take away with a refund) a quality phone. This is especially easy to do in large chain stores selling equipment and electronics. Of course, the phone in this case must be in excellent condition and not show signs of long-term use.

Returning a phone of poor quality

It is much easier to return a low-quality mobile phone to the seller than a fully functional device. To do this, you must be guided by the articles and regulations, according to which the return of goods of inadequate quality is possible during the entire warranty period. If the specified periods are not established, then the return period is limited to 2 years, unless otherwise provided by the contract. We point out the most important points that should be followed when returning or exchanging goods:

If the device is replaced during the warranty period, then upon acceptance the seller is obliged to check. As a result of the inspection, the cause of the defect is determined, whether it was caused by the actions of the buyer himself. The buyer has the right to be present at the inspection (clause 5 of article 18 of the PZPP). 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, then 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);
Return of the phone is possible only after writing an application(claims) for return, for which you will definitely need a passport. It is advisable, but not required, to attach a sales receipt to the application. Oral testimony from witnesses or the sellers themselves that the product would have been purchased in this store is also suitable. The claim is written in two copies, one of which remains with the buyer. The employee who accepted the document signs it, indicates the date, his full name and position. This will protect the buyer in case the seller delays returning the money;
Replacement mobile phone by law, it is also possible if 2 years have already passed from the date of purchase. Replacement possible throughout the entire service life of the device or within 10 years after purchase (if the service life is not specified). But then the deficiency must be significant or irreparable. In this case, the claim is submitted not to the seller, but to the manufacturer or importer of the product itself. In case of a removable defect, the manufacturer is obliged to fix it free of charge within 20 days or transfer money for the phone. However, the consumer himself is obliged to prove that a significant defect arose during the assembly of the phone or before its purchase;
The return request must be reviewed and satisfied within 10 days from the date of presentation of the requirements. If after purchase the phone becomes more expensive, the consumer has the right to demand a refund of the price difference. When purchasing a phone on credit, the fee for providing it is also reimbursed.

Return of technically complex goods

Cell phones belong to the category of technically complex goods, therefore, by law, they can be transferred to the seller without examination only in the first 2 weeks after purchase (if it turns out that you were sold a defective phone). If more than two weeks have passed since the date of purchase, then you can receive money for a faulty product only under the following conditions:

it is impossible to use the product due to a significant defect;
the maximum period for eliminating the deficiency was violated (Article 20 of the Law of the Russian Federation);
During the year, the phone was not used for more than thirty days in total due to its repair at the service center (with various faults being repeatedly eliminated).

In general, the procedure for returning a low-quality phone consists of the following steps:

First, we go to the store and find out if they will return our money immediately, without additional conditions;
If we can’t reach an agreement, we draw up a statement and hand it to the seller;
If this does not help, we order an examination to determine the cause of the shortage of goods;
If the examination says that there is a defect, and it was not caused by the buyer, we write a second claim to the store and attach an examination certificate to it with a demand to reimburse the costs of carrying it out;
When this does not force the seller to return the money, we file a lawsuit against him.

An application for the return (exchange) of a mobile phone does not have a strictly fixed form and is drawn up according to general rules. You can download a sample of writing this document below. It is recommended to write a claim at home, in a calm environment, having thought through your position and providing the necessary arguments in the text, as well as making references to the PPA and other regulations. When submitting the application in the store, a separate act of acceptance of the mobile phone will be drawn up, indicating its technical characteristics and existing problems.