How to return a faulty phone to the store under warranty? Can I return my phone to the store?

The telephone plays an important role in human life. People spend a significant part of their lives immersed in it: they sit in in social networks, looking for information on the Internet and more. On average, a person changes their gadgets twice a year. Many thought: can I return the old device? What should be done? Which stores? What papers are needed? The article will answer several questions.

How to return the phone to the store for no reason?

Now let's analyze the situation: a client buys a new gadget, then he doesn't like it and wants to hand it over for no reason. The RFP states that the buyer can make a return if they are not satisfied with any of the characteristics:

• color;
• form;
• model;

Theoretically, the user can hand over the phone to the store for no reason, but with the caveat: do it no later than two weeks after the purchase. That is, it is possible within 14 days without giving reasons (law of 2017). There are also groups of goods that cannot be returned. Many retail chains classify it as a technically complex device, which means that difficulties may arise.

If the seller refused the client, then all that remains is to write the product in the name of the manager. Often sellers make a "compromise" - the buyer may be offered to change the device, taking into account the cost of the previous one.

Can I return the phone to the store the next day after purchase?

It all depends on the aspect: is the phone a complex technological device? Some retail chains make concessions, others do not. In case of refusal, you can only, as advised above, write a request addressed to the head, but this is not a guarantee of success.

If the store agreed to make an exchange, then the buyer will need to bring several documents:

• warranty card;
• citizen's passport;
• a check for the purchased goods or a witness who saw the purchase is enough;
• telephone set and everything that came with the kit.

Details about whether you can return the phone to the store.

Can I return the phone within 14 days if I don't like it?

Buyers often ask the question: can I if I don’t like it? And it says that the buyer can apply to retail chains with this request if the product turned out to be defective upon purchase, or did not suit any characteristics:

• color;
• form;
• model;
• operation of the device, other reasons.

The client may request a refund or exchange for another model for the same money. This must be done within the first 14 days after purchase, the day of purchase is considered.

This is done by agreement with the seller. It is better to approach them. It should be carried out in large retail chains, since in small points may refuse: sellers are reluctant to contact.

If, for unknown reasons, the seller refuses the client's request, he has the right to write a claim. The application must indicate the reasons for the return of the phone.

There is a nuance - the expert must make sure that the device is in working condition.

Is it possible to return the phone within 14 days without examination?

Unfortunately, you can't. If a person wants to exchange, return money for an old device, then a prerequisite is the performance of the old model. This is mandatory, because it cannot be denied that dishonest people can be found.

Can I get a refund for a phone under warranty if it breaks?

Return/exchange is done during the warranty period for the service of the goods. When exchanging equipment under warranty, you can exchange your mobile for a new one and compensate for the losses incurred due to it.
What documents are required for a warranty return? We provide a list of required papers:

• warranty card;
• citizen's passport;
• a receipt for the purchased device, but a witness who saw the purchase will be enough;
• telephone set and accompanying equipment.

Is it possible to return a borrowed phone on credit?

Of course, but in this case there are a couple of nuances. Let's talk in more detail:

• if you just don’t like the product, then you won’t be able to return it;
• return is possible only if there is a good reason, for example, a malfunction of the device;
• in the event that the buyer is no longer able to repay the loan in the future different reasons, then you will still not be able to hand over the device.

Is it possible to return the phone to the Euroset if you don't like it?

The question is moot. You can go and try to negotiate, but it all depends on whether a mobile phone is a complex technological device for employees of a given retail chain. If yes, the law will not be on the side of the buyer - the sellers may refuse.

There are many ways to return a phone to stores, as well as reasons for this. Much attention should be paid to knowledge of the law in order to make a return as quickly as possible.

How to return the phone to the store and can it be done? modern man you can’t even imagine without a gadget in your hands, and children already know how to use phones from infancy. The telephone is undoubtedly a necessary thing, because without communications and the Internet we feel at ease. But it also happens that the purchased brand new device turned out to be defective, or its model or color did not stop liking. This is where the question arises - how to return the phone to the store. By law, a return is possible, but with some reservations.

How to return the phone to the store legally

There are three legal acts regulating the return or replacement of purchases:

• Civil Code;
• Law No. 2300-1 (on the protection of consumer rights);
• Decree No. 55.

Both the Civil Code and Article 18 of the law say that if problems are found in the phone, the seller, importer or manufacturer (optional) can be required to:

• replacement with the same, but working device;
• replacement with a phone of another model (with an additional payment or refund of the difference in price);
• marriage discounts;
• repair;
• refund.

At the same time, everything about everything you have 15 days from the date of purchase to make a claim against the seller.

Important : in the same article there is a reservation - the period may be longer than 15 days if:
– the disadvantage of the phone is significant (it cannot be used);
- the seller violated the repair period;
- after repeated repairs, the phone did not work for more than a month (in total for a year).

And Article 25 of the law says that you can also replace a quality product if you suddenly don’t like it. Only a phone is a technically complex product, which, unfortunately, is included in the list of products that cannot be exchanged or returned if there are no shortcomings in it.

Important:
in the wilds of the Internet, you can stumble upon publications claiming that phones are not consumer radio electronics, but a portable station, and therefore do not belong to the list of quality goods that cannot be returned. However, this is far from being the case, because back in 2002, changes were made to the 55th Decree, where telephone sets, which include mobile phones, appear in the list.

What to do if the phone is broken

First, you need to decide what you want:

• change the phone to the same, but serviceable;
• change to another;
• repair at the expense of the store;
• return the money.

You are free to choose any of the options and it will be legal. The seller has no right to force you to choose the best option for him. If you are objected that phones are not changed, but repaired, you can safely refer to the 18th article of the Law on STDs!

Now you need to decide to whom to write a claim - to the store, the manufacturer or the importer. Both the importer and the manufacturer are always indicated on the box or in the instructions for the phone.

Phone warranty

According to article 5 of the STD law, the warranty period can be assigned either by the seller or the manufacturer. But this is only a right, not a duty. At the same time, if the period is not set (there is no warranty card or it is not indicated in the instructions for the phone), then according to the second part of Article 477 Civil Code you can write claims within two years from the date of purchase.

Important: if you have paid for an additional warranty, this means that the period in which the phone can be repaired free of charge is extended.

Advice: if you bought a phone, smartphone or communicator for your loved one, daughter, son, mom or dad - keep all the papers issued at the store attached to the purchase. Also, keep all supplied accessories in the machine box when you are not using them. For the entire warranty period, keep the kit: charger, headphones, headset, in general, everything with which the phone was sold to you.

Some sellers claim that if the warranty is established, then the malfunction must be fixed, and there is no question of replacing or returning the device. However, this is not at all the case!

There is a guarantee, there is none - you should not think about repairs, because a new serviceable thing cannot be compared with an already repaired one!

How to get money back for a phone

So, you decided not to change the phone for another, but to return it and take it back money. The procedure will be like this:

• we collect the kit in a box from the phone;
• make copies from the cash register, sales receipt or from a check for payment by card;
• we write the same statements addressed to the management (each outlet should have a consumer corner where you can find out the address and the manager or individual entrepreneur);
• we go to the store;
• we make a claim to the administrator (on one copy, let the administrator sign and put the number, take it for yourself).

Important: although refusals are now rare, they still happen, explain to the seller that in court you will recover not only the price of the phone, but also moral damage, and a fine - half the cost of the phone, and the costs of a lawyer.

By the way, about the timing - for all procedures, the following deadlines are legally established:

• money back - 10 days;
• replacement of the phone - a week (if there is nothing to change yet, the period increases to 20 days);
• repair - 5 days (or by agreement with the seller);
• issuance of a working phone for the period of repair - 3 days.

For each overdue day, you are charged a penalty from the seller - 1% of the price of the phone!

On the issuance of a work phone: according to part 2 of the 20th article of the RFP Law, while your phone is being repaired, the seller is obliged to provide you with a work phone with the same properties as the defective one. That is, if you have a smartphone, then you should also be given a smartphone - with access to the Internet, with the same number of SIM cards, with Wi-Fi, etc.

After the claim and the phone in the kit are accepted, the seller must conduct an examination at his own expense. And your right is to be present during it! If you want to attend, write in the claim about your desire and demand that you be informed where and when the phone will be examined.

Advice: if you know for sure that the phone broke down due to your fault (fell into water, from a height, etc.), you should not start a business with a return, the expert will still find out who is to blame. And in this case, you will have to pay the experts.

The examination is not in your favor, and you were denied a refund? You have the right to conduct it yourself independent expert! But it's better to do it in court.

Refused? To court!

According to article 17 of the Law on STD, a claim must be filed with the Magistrate's Court. At the same time, you yourself have
the right to decide in which court the case will be heard:

• at the place of residence of the individual entrepreneur or the registration of the store;
• according to your place of residence;
• at the location of the store.

At the same time, you do not need to pay a state duty, consumers do not pay it.

You must bring to court:

• like this;
• copies of checks in 2 copies;
• copies of all applications also in two copies;
• copies of certificates, refusals and other papers received from the seller.

Important:
never give original receipts or documents to anyone, keep them with you! In court, they can only be shown so that the judge certifies the copies.

When the case is heard, ask the judge to order an independent examination of the phone. Forensic examinations are a serious matter, forensic experts will not go for forgery. But you will have to pay for the examination personally if the store has already carried out the initial one. But do not worry, ask the judge to additionally collect the price of the examination from the store.

In conclusion, advice: before returning the phone to the store, make sure that it is not your fault that it is broken, the child did not drop it, the dog did not gnaw it. Otherwise, extra costs cannot be avoided. Yes, and it's annoying. Enjoy the shopping!

When buying a new smartphone, the consumer hopes for its long and comfortable use. Sometimes expectations do not coincide with reality, and the gadget disappoints the owner either by incorrect operation, or by a factory defect, or by a discrepancy between the declared parameters. The user is faced with the question of how to return the phone to the store?

When purchasing a new device, keep in mind that the device is classified as a technically complex product. You can give it away only if there is a guarantee or at the request of the seller.

On a general basis, a technically complex product of inadequate quality is returned within 15 days, the countdown of which begins from the time of payment for the purchase. After a 15-day period, such goods can be returned only if:

• factory marriage;
• non-compliance with the deadlines for eliminating defects in the purchase, which are reflected in Article 20 of the Law on the Protection of Consumer Rights;
• impossibility during the warranty period permanent use devices due to frequent repairs of breakdowns, which during the year total more than 30 days.

Based on this, it will not be possible to return a gadget that works correctly, corresponding to the declared configuration and documentation. At the same time, armed with knowledge, even a technically sound device can be returned.

Regulations for the return of a mobile phone

Based on Article 25 of the Law of the Russian Federation, it is possible to return and exchange a serviceable non-food product within 14 days from the date of purchase, if it has not been used, if it is not included in the list of goods that cannot be replaced (hygiene products, linen, plants, etc.).

IMPORTANT! When buying, you must keep the receipt and the original appearance goods and their packaging.

Is it possible to return the phone within 14 days on these grounds?

To answer this question, you should deal with the list of technically complex goods. It includes telephones and consumer electronics. A modern smartphone does not limit its functions to these concepts. The range of its purpose is much wider, and it is characterized as a portable transmitting station. Therefore, the device does not belong to telephone sets and is not included in the register of technically complex goods.

This means that a new working device can be returned to the seller, receiving a refund or exchanging it for another model with a surcharge.

Return of a defective phone. Filing a complaint

A modern android provides its user with many different options, ranging from voice communication to Internet access from anywhere in the city. Verifying the correct operation of all built-in applications at the point of sale is often difficult. Most often, the buyer is able to evaluate only the external data of the model, the quality of sound and communication.

Often, a loan is taken to make such an expensive purchase. It is all the more annoying to find a malfunction at home that was not found in the store.

How to act in such a situation?

Be aware of return periods. If a manufacturing defect, defects or malfunctions are detected, you can return the smartphone to the point of sale throughout the entire warranty period.

An unscrupulous seller may refuse to accept back a rejected purchase due to the fact that the device belongs to technically complex goods. Then you need to make a claim addressed to the manager of the store.

The request is drawn up in two copies and endorsed through the store's incoming correspondence log. This step is the insurance of the buyer against non-compliance with the deadlines for submitting the application.

Within 10 days, the store must give a written response to the request.

Some fraudulent sellers refuse to accept defective goods back even after receiving a claim, referring to the fact that breakdowns occurred during the operation period due to the fault of the consumer. In this case, you will have to write a statement with a complaint to the court. On the basis of a court decision, the store may face administrative responsibility. At the same time, do not forget that arbitrage practice very ambiguous in matters of this kind, so it can defend the rights of the seller.

Large stores that value their reputation and customers find a compromise and accept a low-quality product. The following compensation options may be offered:

1. Full refund of the monetary contribution, taking into account the cost of repairs, if any.
2. Replacement with a similar model of good quality.
3. An exchange with a surcharge in the absence of the same phone or the consumer refuses this model.

IMPORTANT! If there is no sales or cash receipt for the purchased device, testimony of witnesses will be required to return it.

The return process. Documentation

Shortly after the purchase, the new smartphone began to glitch, freeze, inform the owner about an error when determining the memory card, keep the battery charging poorly, and not respond to touches. touch screen Or does it heat up and the battery is swollen? The listed breakdowns are grounds to return a malfunctioning android. According to paragraph 1 of article 18 of the POZPP, the buyer has the right to request a change of smartphone within a 15-day period.

The seller may not agree that the device is of poor quality and appoint their own independent examination. In this case, the buyer has the right to be present during the breakdown analysis. If it turns out that the operation of the apparatus is impaired due to improper use due to the fault of the buyer, he will have to pay all costs for the costs incurred for the examination.

The return procedure is as follows:

1. The complete factory equipment of the smartphone is assembled. It includes a box, a warranty card, an instruction manual, related spare parts and headsets that came with the device, the presence serial numbers and fillings.
2. A package of documents and a cash receipt are provided at the point of sale.
3. A claim is filed, on the basis of which the seller will return the money or exchange the old smartphone for a new one.
4. An independent review is being carried out. It can be assigned both by the seller and made in advance by the buyer himself. The test results will be ready within a month.
5. Based on the verdict of the examination, hand over the smartphone and get back the money or a new product.

IMPORTANT! The result of the examination is the decisive opinion for the seller when settling the return issue.

1. Repeated breakage. If the phone has already been repaired, it means that the settings were made poorly or the device has more serious damage than it seems at first glance.
2. If the price for the upcoming repair is excessively high. In some smartphone models, it is impractical to replace the protective glass of the panels due to scratches due to the high cost of repairs. It is cheaper to replace a broken device or return money for it.
3. If the buyer fundamentally does not want to hand over the phone for repair and demands to give him a new one. Such a requirement is fulfilled only with the consent of the seller. In this case, he is not obliged to make concessions.

In any state of affairs, the consumer has the right to appeal against the decision of the examination and apply for its re-conduct.

Return of a working device

If a new, properly functioning cell phone is not liked in operation, it can also be taken and returned to the seller, guided by the Law on RFP. True, it will be quite difficult to do this and subject to the obligatory presence of the following conditions:

1. If the buyer at the time of purchase was not acquainted with the main characteristics of the gadget and was not provided full information about him, and at home it turned out that some important features and the parameters of the device are missing. In this case, the seller has violated the requirement of article 10 of the RFPO, and it is the basis for a return.
2. If the mobile phone is not included in the list of goods that are not subject to return and exchange, as well as in the list of technically complex goods.
3. Parameters do not fit, do not like the shape, color of the device or it is inconvenient to use.
4. No more than 14 days have passed since the date of purchase.
5. The receipt, trade dress, protective seals and films, factory equipment have been preserved. If there is no check, you can use the testimony.
6. Has not been used.
7. At the time of contact at the point of sale, there is no identical smartphone model of the corresponding shape, color or size.
8. Possession of a national passport.

If all of the above requirements are met, the request for the delivery of the phone must be satisfied within 10 days.

IMPORTANT! It is possible to return a serviceable phone only with the voluntary consent of the seller.

Return of a purchase to an online store or purchased on credit

Section 26.1 of the Federal Law and Procedure Code provides for the resolution of disputes arising from online purchases. So, based on this document, the buyer has the right to refuse the goods purchased through the online store at any time until the moment of its transfer and transfer of money to the seller.

As soon as the buyer received the phone in his hands, he has 7 days to return the gadget of good quality if he was not satisfied with the parameters or characteristics of the purchase.

With a written assurance of the fact of transferring the smartphone, the consumer can return it within 3 months from the date of signing the documents.

The online store can definitely refuse to accept the goods back only in the case of an individual special order, which was intended for a specific user and cannot be used by other people. In this case, to return part of the money, you can hand over the smartphone to a pawnshop.

Lending when buying expensive androids is a common occurrence. Often, directly in stores, they offer to purchase a mobile phone using a car loan without guarantors and income statements. Does such a transaction have a reverse course and is it possible to return the credit phone to the seller?

For devices purchased in installments, the same rules apply as for gadgets purchased in regular stores with a slight difference regarding the bank agreement.

The return procedure will be the same as for a regular purchase. Need to study carefully loan agreement. Often, the bank prescribes the conditions and procedures for returning the phone in it.

IMPORTANT! Payments on the loan do not stop until the bank makes a final decision on premature termination of the agreement and closes the loan account.

How to hurry the seller with an exchange or return?

Litigation and red tape associated with the return of the device can discourage the realization of the legitimate rights of the consumer. To make this process easier and faster, use the following tips:

1. Order an independent examination in advance. By the time you contact the store, the document will be on hand, which will save a lot of time.
2. Compromise with the seller. Often, exchanging a phone is much easier and faster than returning it.
3. Refer to the lack of information provided by the seller. Instructions for mobile are compiled on foreign languages. It is almost impossible to get any information and an explanation of the principles of the phone from them. This fact can justify the appeal and exchange it as soon as possible.

By purchasing new phone, do not forget about the careful handling of it. This is especially true for the warranty period. After unpacking the purchase, you should put the box with all receipts and instructions in a safe place, where they will be stored for the entire warranty period. Do not leave the device unattended in in public places where it can be stolen. The user must use the device personally. It is undesirable to transfer a cell phone to a third party that can break or break it.

If you are going to buy a new product, take the purchase with all seriousness and responsibility. Analyze the functions of the device, read user reviews and test the phone at the point of sale. These actions will save you in the future from disappointment in the purchase and return it to the store.

How long does it take to return a phone? , if it's broken or it just doesn't fit.

Sometimes deficiencies are revealed that were not known. How to behave and what to do.

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Legislation

Buying a phone today is not just a choice of means of communication, but also a device that combines a PC or something else, for example, a tool for accessing the Internet. Phones are attractive because they combine many functions and allow you to do a lot at the same time.

This feature also has reverse side: how harder thing, the more likely it is to find a hidden defect or it may not be quite suitable. It will not be possible to fully study the sample in a few minutes.

Reviews on the Internet are not interesting to some, they seem unreliable to others. In the end, everyone has their own view of things and their quality.

The main act regulating these issues is the Law "On the Protection of Consumer Rights", and a number of government acts, in particular trade and a list of technically complex goods, as well as features of their turnover.

These include Cell phones, washing machines and other digital, electronic devices.

The law gives the buyer several options:

• exchange the product if it is of the appropriate quality
• exchange the product if it is defective
• get money back
• part of the amount is refunded if the product has defects
• the buyer is paid for the repair or reimbursed for the cost of the repair

If the new product is cheaper or more expensive, the buyer accordingly receives a surcharge or, on the contrary, pays surcharge himself.

The legislation gives a period during which the buyer has the right to return the purchase or change it if he did not like it - 14 days.

Providing a warranty period gives the consumer the right to restore their rights and compensate for damages within this period. If nothing is said about the warranty period in, then the time period for making claims is 2 years.

How long you can return the phone after purchase depends on the reason that prompted you to contact the store.

In a situation where two weeks have passed after the purchase, only the rights of claim associated with shortcomings remain, which were not previously known and could not be found in the store, they were also not specified at the time of purchase.

Claims may be brought against the seller within 2 years, even if the warranty is given for a shorter period, provided that the defects were not the responsibility of the buyer.

A deficiency is considered significant if it cannot be eliminated, and it manifests itself repeatedly after repair work. The time and money spent on repairs makes the purchase pointless.

How to assert your rights

The algorithm of actions is the writing of a statement or claim outlining in it requests to the store or seller, if it is an individual entrepreneur.

The preparation of the document is determined by the goals that the buyer has set for himself. A claim regarding a phone or a piece of jewelry is different.

Also, the buyer has the right to declare one of the requirements, between which the law offers him to make a choice. For example, you can not ask to change the goods and return everything at the same time.

The claim states:

• to whom and from whom
• problems are described in as much detail as possible
• formulate your requirement to the seller
• Signature and date

A copy of the receipt, copies of other documents confirming the purchase should be attached.

The paper is drawn up in 2 copies, one of them is marked that the document has been accepted by the store.

If repair is required, it is limited by law to 45 days, the parties have the right to determine a different time.

How long does it take to return a phone?

This is the only question that preoccupies buyers.

For a while, while a technically complex product is being repaired, the store is obliged to provide a similar product for use.

Every time when documents are drawn up, the consumer needs to make sure that all dates and circumstances are reflected in the way they happened.

Otherwise, there will be no reason to complain about the delay in repairs and other actions.

Examination of goods can be carried out by independent centers that have the appropriate permits, certificates, licenses.

Within what time it is possible to return the phone after purchase, they will tell in the consumer protection society. There are many such organizations, and lawyers working in the field of consumer protection also practice.

Contacting a specialist will help defend yours. People sometimes lose cases because of ignorance of elementary moments. Formalities in jurisprudence are of considerable importance.

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Today, almost everyone has mobile phones - from young children to grandparents. Demand creates supply, so salons cellular communication open at every turn. Buying a phone is as easy as shelling pears, if you have 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 of the Union of Consumers Vologda region Paritet write complaints about 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 repair

Yes, indeed, mobile phones have been introduced (Decree 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 you need to be content with only repairs. It is possible to return a technically complex product in case of a defect, 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 those that are eliminated very quickly and without a trace. At the same time, you decide what to require from the store. And 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 in this phone;
• replace with a phone of another brand (model, article) with a surcharge 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 commensurate reduction in the purchase price - if you are ready to put up with the presence of a defect, but want to receive a discount;
• ask the store to immediately and free of charge fix the defect, or compensate your expenses for repairs in another place - if you do not trust the repair to the store;
• return the phone and ask for your money back.

As you can see, the choice is quite large and you choose it 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 the phone actively start using it and study its functions and features. And if during the first 15 days something goes wrong, feel free to take the phone to the store.

Second, even if more than 15 days have passed since the purchase, there is a choice - a commensurate reduction in the price of the phone, free warranty repair in the store or reimbursement for 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 disadvantage. This is considered a disadvantage that:

• not eliminate in principle;
• appears again and again after repeated repairs;
• requires very expensive or lengthy repairs, etc.

2) you handed over the phone for repair to eliminate defects, but it dragged on longer than it was written in your receipt for repair or in the phone purchase agreement. In any case, by law The store has no right to eliminate defects for longer than 45 days.

3) within one year warranty period you handed over the phone for repair several times, while 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 money back for a phone.

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

It's probably a familiar situation. You came to the mobile phone shop where you bought the 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 frankly cunning. The fact is that the law "On the Protection of Consumer Rights" gives you, the buyer, the right to choose who to complain to:

• the store where you bought the phone;
• authorized organization or authorized individual entrepreneur(on the packaging of the goods it should be written “authorized organization”). This is such a structure that the manufacturer of the goods has empowered to work with consumer complaints;
• phone manufacturer or importer - about replacement with a phone of the same brand, free elimination of defects or a refund for the goods.

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

“First we will make a diagnosis, then write a claim”

Remember clearly: All claims must be made in writing.. If you brought the claim to the store personally, then the store employees are obliged to accept it from you and put a mark on receipt on the second copy of the claim. Moreover, for successful prospects for a refund for the phone, it is fundamentally important to file a claim in a timely manner. Remember the first 15 days from the date of purchase: during this period it is much easier to return the phone. Therefore, you need to stock up on evidence that you managed to get in this period. And then, even if the store does not give you an answer to the claim or refuses, you have 3 whole years to file statement of claim to the court and the solution of the issue by force.

In addition, it is often necessary prove that you asked for a refund, and not a warranty repair. If you haven't filed a claim, the store will make the choice for you. Oral requests, unfortunately, cannot be sewn into the case, and in many cases, buyers who have not filed a written claim and believed the store are doomed to warranty repairs.

Please note that the filing date of the claim is also significant in determining the timing of your claim. By law, you have 10 days for a refund on a phone, 7 days for a replacement (or 20 days if quality control is required), and if these deadlines are violated, then a penalty begins to drip. Remember Golden Rule: claim in the morning - diagnostics in the afternoon, claim in the afternoon - diagnostics in the evening, claim in the evening - diagnostics in the morning.

“We can offer only paid repairs”

Such a response from the store is legitimate only in two cases:

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

Therefore, there is only one advice for such cases: if you know for sure that you used the phone as expected and did not repair the phone from an incompetent master, 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 model of a telephone in a mobile communications salon. The next day, the slot with the SIM card fell out at the phone, 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. According to the results forensic examination the store was unable to prove that the nest had been broken by the customer, and the court decided to grant the customer's claims.

“The deficiency has not been identified. Software has been replaced"

Our experience shows that in almost 90% of cases, buyers receive just such a response to a claim from a store. Unfortunately, mobile phone stores are not inclined to satisfy all consumer claims, and even justified claims, in a timely manner. The calculation here is simple: we will respond to the claim with a refusal, and not everyone will go to court, and whoever goes will already be in court and we will resolve the issue. Due to such a scheme, enough big number consumers who simply don't want to waste their time in the store anymore.

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 are categorized as consumer protection cases. Therefore, the issues of filing a claim and conducting a case in court are greatly simplified.

Firstly, no need to pay stamp duty for filing a statement of claim in court and you can file a lawsuit against a justice of the peace in your court district, even if your defendant is a federal network. Secondly, you can seek help from your local consumer protection society, where in most cases assistance will be provided free of charge. Thirdly, and not least, the consumer protection law clearly states that the store must be responsible for the shortcomings of the phone, unless it proves that the consumer or third parties are to blame for the shortcoming. Such a question is proved only by a forensic examination. Since it is up to the store to prove it, in most cases it is the store that files a petition for an examination in court and pays for the forensic examination. In our practice, in the overwhelming majority of cases, the examination reveals manufacturing defects in goods, so the requirements of consumers are recognized as justified.