Exchange mobile phone. Can I return the phone to the store and for how long? How to change the phone for a new one under warranty

29.06.2021

Very interesting. But the latest facts say that the phone is not a technically sophisticated product. Article:

Currently, there is a practice, guided by which sellers of mobile phones (including large chain stores) refuse to exchange goods of good quality for a similar product of a different model. At the same time, 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 approved the "List of non-food products of good quality that are not subject to return or exchange, not similar goods ...", which lists technically complex household goods for which warranty periods are established: metal-cutting and woodworking household, electrical household machines and appliances, household radio-electronic equipment, household computing and copying equipment, photo and film equipment, telephone sets and facsimile equipment, electric musical instruments, electronic toys, household gas equipment and devices. In the "List of technically complex goods in respect of which the consumer's requirements for their replacement are subject to satisfaction in the event of significant defects in the goods" the mobile phone is also not mentioned. Consequently, a mobile phone is not formally a technically complex product and the seller's refusal to exchange for a similar model is illegal and contrary to existing legislation.

Explanations on this issue are contained in the Letter of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare “On the exchange of cell phones”. The Letter states that, in accordance with the All-Russian Product Classifier OK 005-93, household radio-electronic equipment belongs to the class of goods with codes OKP 65 8000 - OKP 65 8900. For example, according to the certificate of conformity, a cell phone is a product with the official name "portable radio station" and OKP code 65 7140, relating to the product class - means of radio communication, broadcasting and television for general use. Consequently, the name of the product "cellular phone" is commonplace and this product does not belong to the product class - household radio-electronic equipment. Thus, a fixed telephone and a mobile telephone have completely different classification codes.
What should an ordinary consumer do if the seller refuses to exchange a mobile phone? Firstly, it is necessary to draw up a written claim in two copies - one copy is handed over to the seller (in person or by mail), the other is marked with acceptance. In the claim, you must indicate the reason for the exchange (does not match in color, shape, technical characteristics, etc.), your postal address and contact phone number. It must be remembered that the seller is obliged to exchange goods of good quality within three days from the date of filing a claim. If there is no similar product at the time of circulation, the consumer has the right to withdraw from the contract of sale and demand a refund of the amount paid. The seller is obliged to fulfill the requirement for the return of 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 an obligation to immediately inform the buyer about the appearance 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 make an exchange for a more expensive model, then he has an obligation to pay the corresponding difference in price and vice versa. We are talking about the value of the goods at the time of the buyer's claim, and not at the time of the initial purchase.
In case of refusal to voluntarily meet the requirements, the buyer can make an entry in the book of complaints and suggestions describing the circumstances and indicating the contact number. The seller is obliged to issue a book of complaints and suggestions at the first request of the client.

The phone is quite expensive. If the purchased model does not suit you with its characteristics or works intermittently, you have the right to return it to the store where the purchase was made.

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

Is it possible to return the phone according to the law of the Russian Federation?

Based on Article 25 of Law No. 2300-I of February 7, 1992 and Article 502 of the Civil Code of the Russian Federation, the buyer has the right to return the non-food item purchased by him within two weeks from the date of purchase. It is possible to do this if the phone turned out to be of inadequate quality.

It is important that certain conditions are met:

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

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

What are the consumer's legal rights when returning a phone?

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

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

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

Deadlines for the return of the phone by the consumer under the law

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

If the mobile device is under warranty, but the service center staff could not fix the defect, the phone must also be returned to the store.

The same applies to the situation when the device is being repaired for more than a month during a calendar year. In this case, the terms of return correspond to the warranty period, and in its absence, they are no more than two years.

How to return the phone to the store legally?

A mobile device belongs to complex household appliances, therefore it is subject to return only in case of a malfunction or any defect that prevents the new owner from using it for its intended purpose.

Below is a sequence of actions describing how to return the phone back to the store:

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

If you do not have a check or a payment receipt, you can confirm the fact of making a purchase in this store with the help of witness statements. In order to use them as evidence, it is necessary to record the testimony in writing. The document must also contain the passport details of all witnesses and their contacts.

If the examination proved the occurrence of a defect due to the fault of the manufacturer or the seller, the store is obliged to accept the phone back, returning the money to the buyer or exchanging the device for a similar one. If the check confirmed the appearance of a defect due to the fault of the buyer himself, it will not be possible to return the finances for the purchased device.

You were not satisfied with the results of the examination? Contact another organization to re-verify. If you receive positive results, you have the right to file a lawsuit and hold the store liable.

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

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

According to Article 10 of Law No. 2300-I, in this case, the possibility of returning the phone is allowed. In this case, the device must:

be in excellent working order;
have a commercial appearance;
not be used by a citizen.

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

Can I return phone accessories to the store?

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

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

In other situations, you will not be able to return the accessory, even if it was purchased together with the phone. The loss of presentation is also the basis for the store to refuse to return the goods.

Drawing up a claim

When contacting the seller or the store manager, it is important to have a written claim in duplicate, a passport or other identification document (for example, a student card), and a receipt confirming the purchase in a particular store.

What if you don't like the phone you recently bought? I'm sure many of you have come across this situation at least once. It is worth knowing your consumer rights in order to resolve the problem.

Let's find out if it's possible to return a working phone to the store if it just didn'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 go for a little trick: the law "On the Protection of Consumer Rights" states that the seller must provide complete information about the product. But, as a rule, consultants in the store often do not talk about the absence of any functions for a certain product model, because their goal is to sell.

In addition, complete with modern phones, instead of detailed instructions, they sell 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 when you purchased, you were not provided with comprehensive information about certain functions of the product.

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

In the case of an exchange for a phone model of a different value, the store will recalculate and refund the difference, or you will have to pay extra for a more expensive model.

What documents do you need to provide?

When a consumer goes to a store to exchange or return a working phone on the day of purchase, it is enough for him to have a document confirming the purchase, as well as the product itself in a complete set.

If the buyer applied to the store later (but), he will need to write a statement and provide an identity card. The application must state the reason., at which the consumer is going to return or exchange the purchase.

The reasons may be different: inappropriate dimensions of equipment, 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, phone return policy which didn't fit:

no more than 14 days have passed since the purchase (not counting the day of purchase);
the presentation is preserved, there are no traces of operation;
the consumer should contact the store with the goods in a complete set, documents for the goods and an identity document.

The funds are returned to the buyer within three days from the date of application. In the case of paying money to a bank card, the terms may be somewhat delayed - 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 until the receipt of the goods and within 7 days from the date of receipt. The consumer should contact the management of the online store by means of a written application.

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

How to return the phone without problems within 14 days - watch the video advice:

The buyer has the right to change a working mobile phone within two weeks after the purchase - such an explanation was issued by Rospotrebnadzor. Salons that refuse to exchange can be held administratively liable. Such rules can provoke unscrupulous users who want to take cell phones for a free two-week “hire”.

The current consumer protection law 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 does not fit in shape, size, style, color, size or configuration. At the same time, the item to be replaced must not have traces of use, retain its presentation, consumer properties, seals, labels, etc.

In addition, the law allows the buyer to return the goods and receive a refund of the money paid, if at the time of his contact with the seller there is no alternative desired replacement model. This often led to abuses on the part of consumers themselves: after all, one could always find an excuse and ask to change the purchased item for “the same, but with mother-of-pearl buttons” or “without wings”. For example, before the start of the World Cup, large-screen TVs were bought up, and at the end of the games they began to be returned under various pretexts.

Radio portable telephone type

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

According to Rospotrebnadzor, the number of citizens' complaints about communication salons has recently increased, which refuse buyers to exchange cell phones of good quality for a similar product of a different model. "According to sellers... a cell phone, being a household radio-electronic equipment, belongs to technically complex household goods and is not subject to exchange," the federal service states.

The supervisory authority considers these arguments of the salons unfounded. According to the certificates, a cell phone is a product with the official name "portable radio station" and has the code of the All-Russian Classifier of Products (OKP) "radio communication, broadcasting and television for general use." “Consequently, the name of the product “cell phone” is commonplace and this product does not belong to the product class - household radio-electronic equipment. Also, cell phones do not belong to telephone sets ... Thus, the refusal to exchange the specified cell phone of good quality for a similar product of a different model is unreasonable, ”the Rospotrebnadzor concludes.

The letter published the other day also notes that if there are complaints from citizens about the refusal to exchange a cell phone of good quality for a similar product, the territorial bodies of Rospotrebnadzor are authorized to bring sellers to administrative responsibility - 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 a quality product.

"All Russian consumers are divided into several groups: the first, most numerous, are those who do not know about their rights," believes Mikhail Boytsov, managing partner of a law firm. "And many of those who do know do not want to defend them in various reasons, mainly due to laziness. The other part abuses the right and is ready to change the purchased goods without objective reasons, just like that. Both from a legal and from a human point of view, I will say: abuse of the right in any form is not allowed! However, for this such consumers cannot be held accountable - unfortunately, such norms are not prescribed in our legislation. In my opinion, as a consumer, it is impossible to change serviceable mobile phones - this infringes on the rights of conscientious buyers who, perhaps for a lot of money, purchase goods that have already been in use 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 his phone. In our network, these are not even tenths of a percent, but only a few, - Anton Panteleev, PR manager of the M.Video network, notes. - The letter from Rospotrebnadzor will not affect our activities in any way: we have always changed and will change mobile phones, like any other electronics sold. Moreover, our client has the right to do this within not 14, but 30 days after the purchase. After all, a consumer who has bought a cellular device can understand in a few days that he does not like it. A prerequisite for the exchange is the preservation of the presentation - if there are scratches or other signs of use, the exchange may be refused. The issue of returning goods, except for the cases provided for by law, is decided 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 also includes fixed phones, while mobile phones, communicators and other means of communication are non-refundable. In addition, this program does not apply to consumers who paid for the purchase with a plastic card, on credit, etc.

But not all networks of cellular communication salons honestly change mobile phones even with identified malfunctions. One of the latest incidents: Kokhanovskaya, a resident of St. Petersburg, bought an expensive smartphone in the Svyaznoy store on Marshal Zhukov Avenue, and three days later it started to fail. The salon refused to return the money, and the buyer herself had to send the device for examination - the software was updated to the version recommended by the manufacturer in the service center. The Office of Rospotrebnadzor considered such actions a violation, and the Arbitration Court of St. Petersburg and the Leningrad Region on October 25 confirmed the conclusions of officials and the validity of the fine of 15 thousand rubles imposed on Svyaznoy SPb OJSC.

Cell phones belong to the group of technically complex goods, for which special rules are established for their return or exchange in case of defects (paragraph 8, clause 1, article 18 of the Law of 07.02.1992 N 2300-1; clause 47 of the Rules for the sale of certain types goods, approved by Decree of the Government of the Russian Federation of 19.01.1998 N 55; item 6 of the List, approved by Decree of the Government of the Russian Federation of 10.11.2011 N 924).

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

If you find defects in the purchased cell phone (regardless of the materiality of the defects), you have the right to return it to the seller and demand a refund of the amount paid for it or its replacement with a phone of the same brand (model, article) or with the same phone of another brand (model, article) with a corresponding recalculation of the purchase price (clause 3, article 503 of the Civil Code of the Russian Federation; paragraph 8, clause 1, article 18 of Law N 2300-1; clause 38 of the Decree of the Plenum of the Supreme Court of the Russian Federation of June 28, 2012 N 17).

Note!

It is impossible to return or exchange a phone of proper quality, for which the warranty period is established, or exchange for a similar phone ( item 11 List, approved. Decree N 55).

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

After the expiration of the specified period, the requirements for the return or exchange of a cell phone are subject to satisfaction in one of the following cases (clause 3, article 503 of the Civil Code of the Russian Federation; clause 1, article 18 of Law N 2300-1; clause 8 of the Review, approved by the Presidium of the Supreme Court RF 20.12.2016, clause 38 of Decree No. 17):

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

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

3) a significant defect of the goods is found.

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

Reference. Definition of a significant defect of the goods

A significant defect of a product is an irreparable defect or a defect that cannot be eliminated without disproportionate costs or time, or is detected repeatedly, or reappears after its elimination, or other similar defects ( par. 9 Preamble of Law N 2300-1).

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

If significant defects are identified, you have the right to submit a claim to the manufacturer for their elimination free of charge, if you prove that they arose before the phone was handed over to you or for reasons that arose before that moment. At the same time, defects must be discovered by you after two years from the date of transfer of the phone to you, but within the established service life or within 10 years from the date of transfer of the phone to you (if the service life is not established). If the specified requirement is not satisfied within 20 days or the defect found is unrecoverable, you have the right to demand to replace the phone or return it (clause 6, article 19 of Law N 2300-1).

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

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

The condition of prior contact with the seller does not apply to cases of a statement about a threat of harm to the life or health of citizens, as well as about causing such harm. In this regard, if you have purchased a product that does not meet safety requirements, you have the right to contact Rospotrebnadzor directly (