How to return a mobile phone to the store. We study the legal basis. How to return money for a phone under warranty

A mobile phone today is not just a means of communication. Most people can’t do without them. For someone, this is just a way to make a call at the right time and place. For others, it’s also an expensive toy. And to someone they have become indispensable assistants in work and in everyday life.

Depending on their functionality and design, prices also vary. But no matter how much the device costs, because, like other equipment, it is prone to malfunctions.
And if everything is clear with the breakdown due to own negligence, then what should I do if the gadget became buggy or completely stopped working, while still under warranty?

Does the buyer have the right to request a free repair or refund?
Read how to behave in such situations, what steps should be taken and what rights a buyer and seller have.

How to return the phone under warranty and return the money

In the Russian Federation, the interaction between the buyer and the seller is regulated by the "Law on the Protection of Consumer Rights." It establishes the rules and regulations for the return of goods.
Please note that only goods with obvious signs of marriage or discrepancies can be returned, but not goods of good quality.
By law, the return of goods of good quality is possible only subject to the following points:

the return period (14 days) has not yet passed;
the device was not operated, its appearance is not spoiled, packaging is in order, all documents (including a receipt) are available;
the buyer has documents proving his identity.

Given these three conditions, it does not matter for which reason the buyer refuses the purchase. Money must be returned within 10 days.
However, there is one “but”! A mobile device is technically sophisticated. And this product group cannot be exchanged without good reason (a color or design that is not like it is not such a reason).

The situation is completely different with the technique of inadequate quality. Often the buyer is interested in the question: “If I bought a phone, it broke, can I return the money?”
To answer it you need to find out two main aspects:

Is the warranty period out;
Make sure that the damage is not the fault of the buyer.

If the mobile crashes as a result of a fall, moisture or other physical interference with it, you can immediately forget about warranty repairs and refunds.

In the event that the gadget is factory defective, the buyer can either fully or partially return the funds, or make a free warranty repair of the equipment.

Is it possible to return money for a phone under warranty if it is broken

In the event of a breakdown of the mobile, which is under warranty, the consumer must immediately decide in what way he wants to exchange:

goods to goods. The gadget is changing to a new one, the same or similar, of a different model, with surcharge or partial refund;
the goods are for repair, with the temporary issuance of an equivalent device. Speaking equivalent - it is implied with similar properties: access to the Internet, the presence of one SIM card or two SIM cards, etc.
goods for money.

All proposed exchanges are equally equal and the seller has no right to persuade the consumer to a choice convenient for him.
To replace or return the device, you will need to assemble the following components:

Packaging and headset (if they are preserved);
Documents - passport and warranty card;
Purchase agreement (if one was concluded);
Your passport;
Claim statement in duplicate (can be printed from the Internet or filled in at the place of return).

With all this we go to the place of purchase of the technical device. The manager, seller, or administrator must accept the defective product and sign the claim with a date. One copy is attached to the equipment, the other is given to the hands of the buyer.

Be prepared for the fact that the seller has the right to make an examination of the breakdown. If the buyer's fault is established, the store will refuse to repair or refund the funds, and may also require reimbursement of the costs of the examination.

After the buyer contact the seller with a request for a refund, the finances must be returned to him within 10 calendar days.

If this condition is not met, the consumer has the right to appeal to the courts.

How to return money for a phone under warranty after repair

It happens that flaws and breakdowns do not seem significant. For example, poor sound quality, or sensor imperfections or other minor problems.

Buyer agrees to make repairs. However, after the consumer received the gadget in his hands, he again broke down or began to work incorrectly. In this case, the mobile phone can be returned for repair a second time, or ask to be exchanged for another one.
If during the year the telephone did not work for a total of a month, the consumer has the right to a full refund of the cost of the goods.

The procedure for returning after repair is no different from the procedure for returning to repair work.

Is it possible to return money to a Sberbank card from my phone

There are often cases of incorrectly indicated amount to replenish the phone. I clicked one extra zero and now it’s not 100 rubles left the card, but 1000 rubles. Or even worse, finance went to the wrong number. What to do in these cases? How to return funds to a Sberbank card?

The days when it was necessary to flee to Sberbank and fill out an application for return have sunk into oblivion. Today, mobile operators offer in this case to fill out an online application.

How to return money from phone to Sberbank card via phone 900

By registering with Sberbank online, a client can activate the mobile phone payment service via USSD-request 900. With this request, you can quickly replenish your mobile phone from Sberbank’s card without accessing the Internet.

Now let's see if it is possible to implement this service in the reverse order, that is, to transfer finances from phone to card? Yes, such a procedure can be performed, but not through this request. USSD request 900 is designed to replenish accounts exclusively for mobile operators.

However, you can call 900 and cancel the erroneous operation in hot pursuit. If the time has passed since the transfer, then fill out the online application on the operator’s website.

How to return money to a Sberbank card if I made a mistake by transferring to a phone

If you mistakenly credited finances, you should contact your mobile operator with a request for a refund. There is nothing complicated in this procedure, but there are some important points that you should pay attention to:

When contacting at night - you have to wait with the processing of the application until the morning;
Returns should be made to the personal card of the holder;
If money is mistakenly put on your number, there will be no problems at all and the funds will be returned within 24 hours;
When crediting to a non-existent number, it is also possible to get money back during the day.

Most citizens cannot imagine their life without a telephone. Now they are so multifunctional that they allow not only using them for ordinary calls to people, but also performing the functions of laptop computers. The cost of these products also has a very wide range. The more functions are provided in the phone, the higher its cost. But there are situations when such an expensive thing does not correspond to the declared quality. This can create a lot of constant inconvenience to its owner. And the question arises, how to return such a phone under warranty back to the store. And this is really done if you know the main points of the law governing these legal relations.

The phone is technically challenging. This is established by government decree, which lists the full list of such goods. Based on this definition, certain restrictions apply to it from the generally accepted rules for returning purchases to the store.

One of the main points that a buyer should remember when choosing a phone is the fact that it cannot be returned in the first 14 days after the purchase just because it did not fit on certain characteristics. Only the following circumstances may be grounds for a return in the first 2 weeks:

A product defect has been identified. Then the buyer has the right to demand a refund or exchange for a quality similar product.
The seller deceived the buyer about the technical characteristics of the phone. If during this time it turns out that the phone does not match what the seller said about it, the buyer has the right to demand the return of the phone or exchange for the corresponding request.
If the product was purchased in an online store, then the technically complex thing, like any other product from the list of the Government’s decree, can be returned without giving reasons within 7 days. And if the site indicated characteristics that are not true to reality, such a phone can be returned within 90 days.

But if, nevertheless, these periods have passed, and the phone defect was discovered later, then the buyer has the right to make complaints about the quality of the goods during the entire warranty period for this phone.

Warranty Period

This term refers to the period established by the manufacturer or seller. During this period, the manufacturer guarantees that the phone will work properly, and if any malfunctions are detected, the manufacturer will carry out repairs at its own expense. If such repair or its high cost is inexpedient, the manufacturer compensates the seller for the loss of the replacement of the telephone or due to the complete termination of the transaction.

Also, the seller himself can establish a warranty period on his own. During this time, he will bear the same responsibility to the buyer as the manufacturer himself.

But there are situations when the manufacturer did not indicate the warranty period in the technical documents when selling the phone. And the seller himself, when selling the phone, also did not provide information about the warranty period. In this case, the legislation provides for a fixed period of 2 years.

Types of Requirements

Due to the fact that the phone is a technically complex product, after 14 days it cannot be returned. If defects are found, the seller must eliminate them at his own expense. Therefore, the basic requirements of the buyer in this case may be the following:

make a free repair of the product;
compensate for the cost of repairs if the seller himself refused to repair it.

But there are some circumstances that allow the buyer to demand the return of the phone with its further replacement with a quality product or with the termination of the contract and the return of the money paid. Such a right arises in the following situations:

if an unrecoverable marriage was found that interferes with the full use of the phone;
if the phone defect cannot be repaired or there are many malfunctions that constantly break one after another;
if the seller has violated the repair period over 45 days or the planned repair will be delayed longer than this time;
if it is financially impractical to repair the resulting marriage, since the repair cost will be equal to the cost of a new product;
if during the year the repair was carried out repeatedly, and the total repair period was more than 30 days.

In the presence of at least one of these circumstances, the buyer has the right to demand the return of the phone by the store. At the same time, the rules apply not only to ordinary stores, but also to remote sales points located on the Internet.

Refund Procedure

If the buyer finds out that his situation is suitable for the case when he has the right to return the phone, he must act according to the rules established by law. The procedure in this case will be as follows:

It is necessary to make a claim to the quality of the purchased phone. The finished form can be found in the store itself, or you can create it yourself. Online stores may have their own complaints submission scheme.
Send this document in one of the ways prescribed by law.
Wait for the claim to be considered within the prescribed time frame. It is important to know that for ordinary stores this period is provided for 10 days, and for online stores in 30 days.
Further, the store administration is obliged to inform the buyer of the decision. And they must also agree with the buyer on the procedure for the return of funds or on the exchange of goods.
In case of refusal or ignoring the buyer's application, he has the right to contact the Rospotrebnadzor or the prosecutor's office to protect his rights.

Thus, the main thing for the buyer is to make a claim correctly. It should correctly set forth the essence of the requirements and the grounds. In this case, the seller will be forced to agree to fulfill his requirements. And if the document contains slurred thoughts, from which it is difficult to grasp the essence and sequence of events, then the seller may ignore such a statement.

Claim

It must always be written in writing. If the buyer plans to provide it personally to the store employees, then you need to make in duplicate. On one of them, employees must put a stamp, date and signature on receipt of the document. In this case, they will not be able to justify that they did not receive a claim. If the document is sent by mail, it is enough to make 1 copy. But when sending, you need to make an inventory of the attached documents, and also order a notification of delivery of the letter.

When filling out a claim, it is important to indicate the following mandatory points:

The name of the seller, his legal name.
Personal information about the applicant.
The name of the document, it is important to clarify that this is a claim to the quality of the phone.
Next, you need to specify the main characteristics of the phone, the date of purchase and the warranty period. It must be remembered that it does not begin to act from the moment the product is manufactured, but from the moment it is sold.
It is important to indicate the fault in detail.
The essence of the requirements. Here you can write several possible solutions to the issue, or one at the discretion of the buyer.
Legality of the grounds with reference to laws.
Applications
Signature and date.

If the claim is sent to the online store, then it must be prepared in electronic form and sent by letter to the email address indicated on the site. In addition, large retail areas provide for the opening of a dispute with the seller according to an individual scheme. In this case, you will need to fill out the form proposed by the site, and the application will be reviewed by the administration of the trading platform. But this method applies to international companies, as they are guided by international trade rules.

Almost every Russian has a cell phone today, and some have two or even three such convenient and mobile means of communication. The only and quite common grief that is associated with it is damage. Moreover, it happens that they occur literally a few days after the purchase. You carry faulty phone to the mobile phone salon, and the seller almost always says: say, hand it in for repair, leave your coordinates, when the repaired equipment arrives to us, we will inform you. If, starting right from this phrase, you don’t do the right thing, then you will suffer for a long time, trying to bring it back to life defective unit.

How to withdraw money for a purchased phone

Any broken You, according to the law on consumer protection, can bring the goods back, and demand the following actions from the seller:

to repair, because you, in principle, like it, and you would like to use it further;
replace defective equipment with a similar product of another modification, which costs the same or pay extra if the other model is more expensive;
demand back paid money.

Below we will tell you that any of your three actions mentioned above must be performed. To do this, you should not come to the salon empty-handed, you must arm yourself with a complaint (in duplicate, the second, on which the seller’s signature and the date of signature remain in your hands). Almost all cases related to the fact that your cell phone has stopped functioning can be put into the following situations:

you have discovered any defect within two weeks from the date of purchase;
the product has a disadvantage that seriously interferes with its operation;
the equipment underwent repairs, and still the breakdowns continue (the warranty period after the repair is fixed for 45 days);
the product began to work poorly, although the warranty period indicated in the accompanying documents has not yet expired.

There are other reasons, however, in any case, the best solution is to take the money. It is in this situation that freedom of choice will be most complete.

You do not like the purchased cell

It happens that a customer comes to the store and says: they say I don’t like this technique, I want a different one or give the amount paid back. This is the most incorrect of all the requirements that, alas, have to face. In fact, the claim is legal, only you express it in the wrong words. As a result, a happy seller waves a scanned copy of government decree No. 55 dated January 19, 1998 in front of his nose: if there are no defects, then the buyer’s actions are not subject to satisfaction. They say that the product is of high quality, it functions normally, so do not waste our time. Other is possible only at the discretion of the administration of the trading company. Unfortunately, it is unlikely that the request will be granted.

The right step in this situation would initially be to demand the return of the paid - due to “misleading the consumer regarding the technical qualities of the goods”. After all, in fact, I didn’t like the cell phone because they promised one thing and sold another, right? Well, or something like that. Therefore, the steps are as follows:

come to the department with a ready-made claim (in duplicate), in my practice, only in two cases from a great many have the money been returned after an oral conversation;
feel free to point out claims 9, 10 and 12 contained in the law on consumer protection in the complaint, they contain the argument about providing you with inaccurate information, and therefore about misleading you about the technical qualities of the sold product;
it will be optimal if an acquaintance or friend comes along with you (as a witness, this will be needed if the case comes to court);
the same friend or acquaintance is a reliable guarantee that the next time you can protect your rights without interference;
in case of refusal to return the payment, as well as in case the seller refuses to accept the claim (this happens quite often), require the witness to put his signature on the time and date on both sheets.

After that, you can safely go to court.

Important: for the time of repair you have another phone

Not the best option, but sometimes the buyer goes to him, succumbing to persuasion. It will be better if you require to exchange your unit for a similar model. But since I really liked the equipment - hand it in for repair. The responsibilities of the administration of the department are as follows:

an explanation must be taken from you, what is the reason for your visit, and if it is not required, write yourself, preferably in duplicate;
the service employee is required to draw up an act in which he and you yourself describe what the defect is, and the more detailed the better;
one copy of the act or receipt remains in your hands.

The problem with this situation is that repairs can drag on for a month or more, according to the law, the corresponding period is 45 days. Therefore, handing over the faulty device for repair, try to get a normally functioning analogue for this time. Reason your claim with clause 2 of article 20 of the same consumer protection law.

Other refund situations and the best argument

It happens that taking money for a previously purchased phone does not work.

as a rule, these are situations when the consumer or children who adore gadgets and, by the way, understand them much better than adults are to blame for the breakdown;
it happens that the owner of the mobile equipment who has come to the salon is sent to the service center: they say, go and let them find the reason why the device does not work there, of course, you should not do this at all, the administration of the trading company itself should worry about its customers ;
there are glaring facts when people (especially the stalls selling used equipment) are “laden” with goods that are not intended for use on the territory of our country;
you shouldn’t go for any examinations - this takes your time and makes you enter into a difficult relationship with the repair, in fact, this is an imposition by the store of its own conditions, which should not be agreed;
even if you took a loan for the purchase of the gadget, and have not yet paid the full amount, but want to take back the payment - the law is on your side;
handed over the device for repair, which lasts more than 45 days - demand a refund;
not two weeks have passed since the acquisition, and you have a complaint - demand the return of your money.

Very often, sellers, in response to a request to return money back in exchange for a previously purchased product, say: we cannot do this, cell phones are complex household appliances, and they are not subject to exchange and return. And they begin to list the names of regulatory acts, from which the buyer’s mood immediately falls.

In fact, the truth is on the consumer side. Information that we provide you, you will not find on sites with similar topics. Heads of trade enterprises do not like her very much. But truth is truth. There is an All-Russian Classifier of Products. It includes product certification information. Here is the product "cell phone", also called a subscriber radio station. The code of this product is OKP 657140. The household electronic equipment has its own codes, No. 65800-658900, other than the name indicated above. Telephone sets are also available in the classifier, they are listed under the code 667310. Both of these items are contained in the 11th paragraph of this list, but cell phones are not there. It would be better if you immediately state this information in a claim with which (in duplicate) you will come to the store, it is also advisable to indicate article 502 of the Civil Code of the Russian Federation (“Exchange of goods”). Request a fine as a form of administrative responsibility on the seller, due to the actions of which you had to return to the salon, wasting your time.

Conclusion: Be Assertive and Active, Know Your Rights

The more energetically you position yourself - the more chances there will be to return the money spent before the trial. Of course, this takes a lot of time, but the experience gained is an excellent store of knowledge, which you will most likely find useful in other similar everyday situations.

Today, almost everyone has mobile phones - from young children to grandparents. Demand creates supply, therefore, mobile phone stores open at every step. Buying a phone is easy, there would be money, and even if there is not 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 of the Vologda Oblast “Parity” write complaints about the return of phones literally every day. And each time, almost in the same words, the affected buyers convey their conversation with the personnel of the mobile communication salon. Therefore, we decided to collect the most popular tricks of mobile stores and tell you about them.

“This is a technically sophisticated product. Money cannot be returned, only warranty repair ”

Yes, indeed, mobile phones have been included (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 just the repair. It is possible to return a technically complex product in case of a shortage, but there are some nuances.

Firstly, during 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. In this case, you decide what to demand from the store. And you can choose from the following options:

replace with a phone of the same brand (of the same model and (or) article) - if you like the model, but the problem is specifically in this phone;
replace it 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;
ask for a commensurate reduction in the purchase price - if you are willing to put up with a shortage, but want to get a discount;
ask the store to immediately fix the defect immediately and free of charge, or to compensate your repair costs 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 it yourself, that is, the store cannot force you to change the phone if you want to get money back. Therefore, we recommend that all customers immediately after purchasing a phone actively start using it and study its functions and features. And if during the first 15 days something goes wrong, feel free to bring the phone to the store.

Secondly 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 of paid repairs in another place.

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.Such 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 the shortcomings, but it took longer than what was written in your receipt for the repair or in the contract for the purchase of the phone. In any case, by law eliminate defects the store has no right longer than 45 days.

3) within one year of the warranty period you handed over the phone several times for repairs, while the total duration of all these repairs was more than 30 days.

As you can see, there are many cases when you can ask for money back for a phone.

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

Surely a familiar situation. You came to the mobile phone salon where you bought a phone, trying 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 disingenuous. The fact is that the law "On Protection of Consumer Rights" gives you, the buyer, the right to choose - to whom to make a complaint:

the store where you bought the phone;
an authorized organization or an authorized individual entrepreneur (the “authorized organization” should be written on the packaging of the goods). This is such a structure that the manufacturer of the product has vested with the authority to work with consumer claims;
to the manufacturer of the telephone or to the importer - to replace the same brand with a telephone, to eliminate defects free of charge or to refund money for the goods.

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 make a diagnosis, then write a complaint”

Remember clearly: all claims are made in writing. If you brought a claim to the store in person, the store employees are required to take it from you and put a receipt mark on the second copy of the claim. And for the successful prospects of returning money 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, returning the phone is much easier. Therefore, it is necessary 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 as long as 3 years to file a claim with the court and resolve the issue by force.

In addition, often enough prove that you asked for a refund, not a warranty repair. If you have not filed a claim, the store will make the choice for you. Unfortunately, you cannot come to the point of the matter, and in many cases, buyers who have not submitted a written claim and believed the store are doomed to warranty repairs.

Note that the filing date of the claim is also essential in determining the time frame for satisfying your request. According to the law, there are 10 days to return money for the phone, 7 days to replace it (or 20 days if quality control is necessary), and if these terms are violated, then the penalty begins to drip. Remember the golden rule: in the morning a claim is a diagnosis in the afternoon, a claim in the afternoon is a diagnosis in the evening, a claim in the evening is a diagnosis in the morning.

“We can offer only paid repairs”

Such a store response is valid only in two cases:

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

Therefore, the advice for such cases is the same: if you know for sure that you used the phone as it should and did not repair the phone with 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 phone in a mobile phone salon. The next day, a SIM card slot fell out on the phone, and the phone stopped working. The store offered the buyer only paid repair, and its cost was comparable to the price of the phone. A woman came to us, and at her request we went to court. According to the results of the forensic examination, the store failed to prove that the nest was broken by the buyer, and the court decided to satisfy the requirements of the buyer.

“The deficiency has not been identified. Replaced software »

Our experience shows that in almost 90% of cases, buyers receive exactly this answer to the claim from the store. Unfortunately, mobile phone stores are not inclined to timely satisfy all consumer complaints, and even well-grounded claims. The calculation here is simple: we will respond to the claim with a refusal, and not everyone will go to court, and whoever goes to it will be in court and will decide the issue. Due to this scheme, a sufficiently large number of consumers who simply do not want to spend their time on the store anymore are screened out.

What to do when receiving such an answer? We believe that in this case it is necessary to resolve the issue through the court. Disputes regarding the refund of money for mobile phones are classified as consumer protection cases. Therefore, the issues of filing a lawsuit and conducting a case in court are greatly simplified.

Firstly, no need to pay state duty for filing a lawsuit with a court, and you can file a lawsuit with a justice of the peace in your court, even if your defendant is a federal network. Secondly, you can ask for help from your local consumer protection society, where in most cases you will receive help for free. Thirdly, importantly, the law on consumer protection clearly states that the store should be responsible for the shortcomings of the phone, if it does not prove that the consumer or unauthorized persons are to blame for the occurrence of the shortage. Such a question is proved only by forensic examination. Since the store must prove it, in most cases it is the store that submits a petition for examination in court and pays for a forensic examination. In our practice, in the overwhelming majority of cases, the examination reveals production shortcomings in the goods, therefore, the requirements of consumers are recognized as justified.