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Let's consider two possible cases in which it may be necessary to exchange a phone for another:

The phone you bought turned out to be defective (not of proper quality, deteriorated, torn, fell apart, etc.) and at the same time you believe that this was not your fault, but the fault of the manufacturer or seller.

I simply did not like the purchased phone because of its color, appearance, other characteristics, or simply did not fit in size.

If the product belongs to the category -, then the warranty period for it may begin to run from the beginning of the corresponding season;

if the product belongs to the group -, then special rules for its exchange apply;

If the product belongs to the group -, then special rules for its delivery apply.

Phone exchange deadline

The phone can be exchanged during the warranty period, and if the warranty is not established or has expired, then within two years from the date of transfer of the phone.

What can you count on

You can not only exchange the phone for another, but also fully compensate for the losses incurred as a result of the sale of a low-quality (defective) phone to you;

Recalculation and additional payment

When replacing a phone poor quality For a phone of the same brand (same model and (or) article), the price is not recalculated.

When replacing a phone with the same but different brand (model, article), if the price of the old phone is lower than the price of the new one provided in exchange, you will need to pay the difference in prices.

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if the price of the old phone is higher than the price of the new one provided as a replacement, the difference in prices is paid to the consumer.

the price of the phone to be replaced is determined at the time of its replacement.

Don't forget to take the following documents with you:

warranty card;
general passport ();
a sales or cash receipt for a purchased phone, but if such documents are missing, you have the right to refer to witness testimony.

if the phone was purchased from an online store

If the seller does not agree to exchange a low-quality phone under warranty

phone replacement: If the examination establishes that the phone has deteriorated through no fault of the buyer, then the seller is obliged to exchange the phone for a new one; otherwise, the buyer will have to reimburse the seller for the costs of storing the phone and conducting the examination.

If the seller does not agree to return money for a low-quality phone for which the warranty has expired or has not been installed.

phone examination: If the seller does not agree to the exchange, the buyer must conduct an examination of the phone himself. In this case, the examination is carried out at the expense of the buyer, since the responsibility for proving that the defects of the phone arose before their transfer to the consumer or for reasons that arose before that moment lies with the buyer.

Phone exchange: If the examination establishes that the phone has deteriorated through no fault of the buyer himself, then the seller is obliged to exchange for a new one.

Exchange of a good quality phone

Phone exchange deadline

Exchange of a phone of good quality is possible within 14 days, not counting the day of purchase.

Exchange terms

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What can you count on

If the seller does not agree to return the money for a quality phone

Going to court: If the seller refuses to comply with the statutory requirements even after receiving a written complaint, it is necessary to go to court with an appropriate demand.

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

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

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Many salons cellular communication refuse to return the money on the grounds that Cell phones refer to complex technical products and are not subject to return, and the only way to correct defects in the operation of the product is to return it under warranty within 14 days. However, such actions of store representatives are illegal, because The phone can be returned, but subject to some nuances.

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

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

The claim must include the following information:

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

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

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

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

What the law says

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

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

The list of “technically complex goods” is in public access on the Internet, where every consumer can get acquainted with the products that are included in it. You can also download the List on our website.

Phone return options

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

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

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

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

Returning the phone

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

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

There are also two types of product returns under warranty:

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

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

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

Today, almost everyone has a mobile phone - from young children to grandparents. Demand creates supply, which is why cell phone stores are opening at every turn. Buying a phone is as easy as shelling pears, if only you had the money, and even if you don’t have enough money, you can always get a loan right in the store. However, difficulties begin immediately when using the phone: the number of consumer complaints about low-quality mobile phones is constantly growing. Lawyers from the Vologda Region Consumer Union “Paritet” write claims for the return of phones literally every day. And every time, in almost the same words, the affected customers convey their conversation with the salon staff mobile communications. Therefore, we decided to collect the most popular cell phone store tricks and tell you about them.

“This is a technically complex product. Money cannot be returned, only warranty repairs"

Yes, indeed, mobile phones are included (Resolution of the Government of the Russian Federation No. 924 of November 10, 2011). However, this does not mean at all that if a defect occurs, the phone cannot be returned to the store or exchanged, but must be content with only repairs. Return technically complex product if a deficiency occurs, it is possible, but there are some nuances.

Firstly, within the first 15 days from the date of purchase, you have the right to return the phone to the store due to any defect, even one that is eliminated very quickly and without a trace. At the same time, you decide for yourself what to demand from the store. You can choose from the following options:

• replace with a phone of the same brand (same model and (or) article) - if you like the model, but the problem is specifically with this phone;
• replace with a phone of a different brand (model, article) with an additional payment or vice versa, with a partial refund - if you understand that the problem is in the phone model and want to try another one;
• ask for a proportionate reduction in the purchase price - if you are ready to put up with the presence of a defect, but want to get a discount;
• ask the store to immediately and free of charge correct the defect, or to compensate your costs for repairs elsewhere - if you do not trust the store to repair;
• return the phone and ask for your money back.

As you can see, the choice is quite large and you choose yourself, that is, the store cannot force you to change your phone if you want to get your money back. Therefore, we recommend that all buyers immediately after purchasing a phone begin to actively use it and study its functions and features. And if during the first 15 days something goes wrong, then feel free to take the phone to the store.

Secondly, even if more than 15 days have passed since the date of purchase, there is a choice - a proportionate reduction in the price of the phone, free warranty repairs in the store, or reimbursement of the costs of paid repairs elsewhere.

Thirdly, even after the first 15 days from the date of purchase, in some cases you can ask for a refund for the phone or its replacement. This is possible in the following cases:

1) your phone has significant drawback. This is considered a disadvantage that:

• cannot be eliminated in principle;
• appears again and again after repeated repairs;
• requires very expensive or time-consuming repairs, etc.

2) you sent the phone in for repair to eliminate defects, but it took longer than it was written in your receipt for repair or in the phone purchase agreement. In any case, according to the law The store does not have the right to eliminate defects for longer than 45 days.

3) within one year warranty period you took your phone in for repair several times, and the total duration of all these repairs was more than 30 days.

As you can see, there are many cases where you can ask for your phone money back.

“All complaints are not to the store, but to the service center”

Surely this is a familiar situation. You came to the cellular store where you bought a phone, you try to tell the manager about your problem, but he doesn’t even want to listen to you: “Go to the service center.” In fact, the manager is outright disingenuous. The fact is that the law “On the Protection of Consumer Rights” gives you, the buyer, the right to choose who to make claims against:

• the store where you bought the phone;
• an authorized organization or an authorized individual entrepreneur (the product packaging should say “authorized organization”). This is a structure that the product manufacturer has vested with the authority to deal with consumer complaints;
• to the phone manufacturer or importer - about replacing it with a phone of the same brand, eliminating defects free of charge, or returning money for the product.

If you decide to write a complaint to the store, then this is your right, and no one can force you to go to the service center.

“First we’ll do a diagnosis, then you’ll write a claim.”

Remember clearly: all claims must be submitted in writing. If you brought the claim to the store in person, then the store employees are obliged to accept it from you and put a receipt mark on the second copy of the claim. Moreover, for successful prospects of returning money for the phone, it is fundamentally important to submit a claim in a timely manner. Think about the first 15 days from the date of purchase: during this period it is much easier to return the phone. Therefore, it is necessary to stock up on evidence that you managed to meet this deadline. And then, even if the store does not give you an answer to the claim or refuses, you have 3 whole years to file a claim in court and forcefully resolve the issue.

In addition, it is often necessary prove that you asked for a refund and not a warranty repair. If you do not file a claim, the store will make the selection for you. Verbal requests, unfortunately, will not work, and in many cases, customers who do not submit a written claim and trust the store are doomed to warranty repairs.

Please note that the date you file your claim is also important in determining when your request will be granted. According to the law, there are 10 days for a refund for a phone, 7 days for a replacement (or 20 days if quality control is necessary), and if these deadlines are violated, then a penalty begins to accrue. Remember the golden rule: claim in the morning - diagnosis in the afternoon, claim in the afternoon - diagnosis in the evening, claim in the evening - diagnosis in the morning.

“We can only offer paid repairs”

This response from the store is valid only in two cases:

• The warranty period for the phone has already expired (however, there are exceptions here: for example, for cases where the warranty period was less than two years, and you filed a claim within 2 years from the date of purchase);
• If a defect occurs, the consumer is to blame - for example, you spilled water on the phone, or did not follow the manufacturer's recommendations and did not update antivirus software - or a third party (unqualified repair).

Therefore, there is only one piece of advice for such cases: if you know for sure that you used the phone as expected and did not have the phone repaired by an incompetent technician, then do not be afraid to defend your position, go to court. We can recall a case from our practice: a woman bought an exhibition sample phone at a mobile phone store. The next day the phone's SIM card slot fell out and the phone stopped working. The store offered the customer only paid repairs, and its cost was comparable to the price of the phone. The woman came to us, and at her request we went to court. Based on the results of the forensic examination, the store was unable to prove that the nest was broken by the customer, and the court decided to satisfy the customer’s demands.

“No deficiency has been identified. The software has been replaced"

Our experience shows that in almost 90% of cases, customers receive exactly this response to a complaint from the store. Unfortunately, cell phone stores are not inclined to timely satisfy all consumer complaints, and even justified claims. The calculation here is simple: we will refuse the claim, but not everyone will go to court, and whoever goes, we will resolve the issue in court. Due to this scheme, a fairly large number of consumers are eliminated who simply do not want to spend any more time in the store.

What to do when receiving such a response? We believe that in this case it is necessary to resolve the issue through the courts. Mobile phone refund disputes fall under the category of consumer protection cases. Therefore, the issues of filing a claim and conducting a case in court are greatly simplified.

Problems with the phone occur quite often, and they are not always the fault of the buyer. Defective spare parts or components, their rapid failure with proper handling - all this requires a solution. The question of how to return a faulty phone if its warranty is still valid becomes relevant.

Is it possible within 14 days if it is faulty?

Money for a faulty phone under warranty - how to return it

You can return a technically complex product under warranty and get money for it under one of the following conditions:

• the presence of a significant defect, the elimination of which will require too much time or disproportionate costs;
• violation of the maximum repair period if the phone was submitted for correction of defects;
• During each warranty year, the phone is under repair for more than a month, the period is calculated on a cumulative basis.

The last provision indicates whether it is possible to return money for a purchased faulty phone if it breaks frequently. At the same time, it is prescribed that during the first 14 days after purchase the device can be returned even if there are minor problems that must be corrected in a short time without any special consequences.

It is written about what to do if the sensor on your phone does not work.

How to return a phone to an online store if it is faulty

Purchasing goods via the Internet is quite popular. The provisions of the Law on the Protection of Consumer Rights indicate how products should be sold during distance sales.

This article also indicates that the return of a product of inadequate quality is carried out according to the standard procedure prescribed by the articles of the law. That is, the faulty phone should be returned to the specified company office or representative office. You can contact us to resolve a problem with a refund using the contact numbers provided.

Please note that when returning money for a faulty product, you must also submit a claim in writing. The document indicates all the data - the owner, details of the device, conditions and dates of its purchase. The defect is indicated separately. The copy that remains with the applicant must be marked that the matter has been accepted for consideration.

It is important to know that if products are seized by a store for diagnostics or examination, a separate report is drawn up. It also indicates the data of the device and the owner, defects and reasons on the basis of which the inspection is carried out.

When purchasing goods online, the date from which the two return weeks begin to count is the day you receive the product in your hands. Therefore, the two weeks within which you can return a technically complex product for any manufacturing defect are calculated not from the moment of purchase, but from the moment of actual delivery.

Is it possible to return a working phone to the store? Details in the following.

How to get money back for a faulty phone under warranty after repair?

For a faulty phone after repair, money can be returned according to the general rules, which apply to returning goods within two years from the date of purchase. That is, if a fatal defect is discovered, the repair period is delayed by more than 45 days, or you have to send it in for repairs quite often, you can demand your money back.

Separately, it is worth pointing out the seriousness of marriage. This can be the case in the following cases:

• the cost of eliminating it is too high;
• the long period of time required to repair it;
• This problem persists even after several repairs.

If one is discovered, the store itself must offer an exchange or return of the goods. However, he cannot insist on one of the actions - the choice of compensation remains with the consumer.

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