Claim sample by cell phone. Claim (demand) for a refund for the phone

Claim for a refund for the phone (poor quality). In your claim, you must indicate to whom you are presenting it, introduce yourself and describe in your own words the essence of the case and your requirements. Try not to "overload" the claim with unnecessary information or emotions.

In the event that defects are found in the goods, if they have not been agreed upon, the consumer, at his choice, has the right to refuse to execute the contract of sale and demand the return of the amount paid for the goods.

The consumer also has the right to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality. Losses are reimbursed within the time limits established by this Law to meet the relevant requirements of the consumer.

ATTENTION! Underwater rocks! Having received a request for a refund for a phone of inadequate quality (a claim for a refund for a low-quality phone), the seller, on the basis of clause 5 of Art. 18 of the Consumer Protection Act may require you to provide a telephone for quality control and independent review.

In this case, it is necessary to insist on a detailed inspection of the phone before handing it over and get a document from the seller (a certificate of acceptance and transfer of goods) that reflects what and in what form you are transferring (are there any signs of opening, mechanical damage, traces of moisture, etc. .).

The ideal option is if the quality check and / or independent examination will be carried out in your presence and you will not have to lose sight of your phone before receiving the money.

The best option would be if you make an independent examination, and the course of your actions will be as follows:
1. Make an independent examination of the phone
2. Write a claim for a refund for the phone and present it to the seller along with a copy of an independent examination.
3. In a claim for a refund for the phone, demand compensation for damages (the cost of an independent examination)
4. It would be useful to remind the seller that, in accordance with:
- from Art. 14.8. "Code of the Russian Federation on Administrative Offenses" violation of the consumer's right to receive the necessary and reliable information about the product (work, service) being sold, about the manufacturer, about the seller, about the performer and about the mode of their work, entails a warning or the imposition of an administrative fine on officials in the amount of five hundred to one thousand rubles; for legal entities - from five thousand to ten thousand rubles.

- from Art. 23 of the Law "On Protection of Consumer Rights", the consumer's claims for the return of the amount of money paid for the goods, as well as the claim for compensation for losses caused to the consumer as a result of the sale of goods of inadequate quality or the provision of inadequate information about the goods, are subject to satisfaction by the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) within ten days from the date of presentation of the relevant request.

From Art. 23 of the Law "On Protection of Consumer Rights" in the event of failure to comply with the requirements of the consumer within the time limits provided for in Articles 20 - 22 of this Law, the consumer has the right, at his choice, to present other requirements established by Article 18 of this Law.

With paragraph 6 of Article 13 of the Law "On Protection of Consumer Rights", when the court satisfies the requirements of the consumer established by law, the court collects from the manufacturer (executor, seller, authorized organization or authorized individual entrepreneur, importer) for failure to voluntarily meet the requirements of the consumer a fine of fifty percent of the amount awarded by the court in favor of the consumer.

To the head of LLC "ХХХХХХХХХХ"
(insert the full name of the seller)
Moscow, Red Square, 300
(please enter seller's address)
from Ivanov Ivan Ivanovich,
(Your Surname, First Name, Patronymic)
living at the address: Moscow, Red Square, 301
(please enter your address)
tel. 000-00-00
(please enter your contact phone number, you can mobile)

Phone refund claim
(poor quality)

January 01, 20___ (specify the date of purchase) I purchased a phone _____________ (specify the name and serial number) in your store for _____________ (specify the cost) rubles. The product has a 1-year warranty period (if applicable). I did not violate the operating rules specified in the user manual, despite this, after three months (indicate the period of use or when a defect was discovered) of use, the phone stopped turning on (describe the nature of your defect).

Based on the foregoing and in accordance with Article 18 of the Law of the Russian Federation "On the Protection of Consumer Rights", I terminate the contract of sale. I demand to return the amount of money paid for the goods in accordance with Art. 22 of the Law "On Protection of Consumer Rights" terms.

Appendix:

1.Copy of receipt (if any)
2.Copy of the warranty card (if any)

Signature
"__" __________ 20__

Good afternoon Inna!

Firstly, the following data is required to make your claim (according to the regulations):

2. It is necessary to study the contract (purchase and sale), what are the conditions and guarantees?

2. How did your phone break down - is it a manufacturing defect or did you drop it, drown it, etc.? It is necessary to know.

3. You, as I understand it, handed it over for repair, what did they tell you at the service center? that it will be returned later - already repaired? Or is it impossible to repair*? Or do they even refuse to return it without explanation?

Without finding out all the data (specified by me above), I cannot make you a claim that is correct in all respects, because I simply do not know all the circumstances of the case.

I am sending you an example:

Director of ZAO TeleSvyaz
from Ivanova Inna Alexandrovna

residing at:
Rostov-on-Don, st. 5th Sovietskaya 100, apt. one
(tel. 111-11-11)
CLAIM

May 11, 2008 I purchased a cell phone and a memory card for it in your store, which is confirmed by the receipt and warranty card. The warranty period is set for 36 months.
During operation (two months later) it turned out that the phone with a memory card does not work - a manufacturing defect. When concluding a sales contract, I intended to purchase a quality product that complies with GOST, without any defects, and the seller guaranteed the quality. May 24, 2008 I filled out an application for the repair of a cell phone according to the warranty card No. ... The phone was accepted by the employee -M ... Within 45 days, the repair was not completed and they refuse to return the phone to me for the reason ....
In accordance with Article 18 of the Law of the Russian Federation “On Protection of Consumer Rights”, a consumer to whom goods of inadequate quality are sold, if it has not been agreed by the seller, has the right to refuse to fulfill the contract of sale and demand the return of the amount paid for the goods, as well as compensation all damages caused.
In accordance with Art. 22 of the Law of the Russian Federation "On Protection of Consumer Rights", the period for satisfying individual consumer requirements, including a refund, is 10 days from the date of receipt of the request. For delay Art. 23 of the Law of the Russian Federation "On Protection of Consumer Rights" provides for a penalty in the amount of 1% of the price of the goods for each day of delay in satisfying the claim, and the amount of the penalty is not limited.
In connection with the above
ASK:
- immediately return the amount of 10,000 rubles paid for a phone of inadequate quality;
In case of failure to satisfy the stated requirements within the prescribed period, I intend to apply with a statement of claim in defense of my rights to the courts with the requirements specified in the claim, as well as with a claim for compensation for non-pecuniary damage; court, in accordance with Art. 13 of the Law on the Protection of Consumer Rights, imposes a fine on the seller for non-compliance with the requirements of the consumer on a voluntary basis. Also, a state duty and a performance fee may be collected from your organization.
Applications:
1) a copy of the consumer's application for a refund dated May 24, 2008;
2) a copy of the warranty card;
3) a copy of the check;
4) a copy of the act of completed work of the service center;
November 25, 2008 I.I.

According to the Consumer Rights Protection Law, within 15 days from the date of purchase, a telephone set can be returned due to any defect, even one that can be easily eliminated. If the defect appeared later than 15 days later, the buyer has the right to terminate the sales contract if:

the disadvantage is of a significant nature, which does not allow the device to be used for its intended purpose;
one-time repair period - more than 45 days;
the phone was repaired several times during the year, and the total period of repair work exceeded 30 days.

Important! If you want to use the last clause to terminate the contract, make sure that in the documents that you received when you handed over the phone, it was written that the cell phone was transferred specifically for repair, and not for diagnostics.

In order to avoid returns, store representatives use various tricks. For example, they send goods with a claim to the manufacturer or to a service center. This is against the law, since the buyer himself chooses to whom to submit a request for a refund.

Features of the claim for the return of the phone

A claim for the return of goods must be made in writing. The law does not impose special requirements on the content, so it is written arbitrarily. It is only important to bring:

the full name of the store, including contact information;
FULL NAME. applicant with address and telephone number;
the circumstances of the purchase, a description of the defect that has occurred and their return requirements with reference to the legal basis.

Finally, date and sign. You can also write in the document that, according to the law, the requirements must be satisfied within 10 days, otherwise a penalty of 1% will follow for each day of delay. Reflect in the document that in case of refusal to return the money, you will go to court and there you will already present not only property claims, but also compensation for moral harm. The claim is made in 2 copies. When submitting it, make sure that an incoming mark is put on your copy!

Important! Any employee of the outlet can accept the document, so it makes no sense to insist that the seller who sold you the phone, or the head of this sales office, do it.

The term for consideration of the claim is 10 days. Most likely, along with it, you will also have to give the phone for examination along with all the documents for the device. In return, the seller will give you an inventory and receipt of acceptance.

Important! The period of examination is included in these 10 days, and it is not allowed to extend the time for consideration of the claim.

The buyer has the right to be present at the examination. If, according to its results, it is proved that the malfunction arose through the fault of the buyer, it will not be possible to return the money for the device. When you know that you used the phone correctly, didn’t spill anything on it, didn’t drop it, etc., then you can safely go to court. As part of the consideration of the case, an additional independent examination will be carried out. The buyer is exempt from paying the state duty, so you do not risk anything.

If you have any problems with the return of the phone, we recommend that you seek the help of a qualified lawyer who will help you draw up a claim and, if necessary, a statement of claim in court.

ATTENTION! Due to recent changes in legislation, the information in the article could be out of date! Our lawyer will advise you free of charge - write in the form below.

phone claim sample

In your claim, you must indicate to whom you are presenting it, introduce yourself and describe in your own words the essence of the case and your requirements. Try not to "overload" the claim with unnecessary information or emotions.

ATTENTION! Underwater rocks! Returns are possible within 15 days from the date of purchase or if there is a significant defect. Having received a request for a refund for a phone of inadequate quality, the seller, on the basis of clause 5 of Art. 18 of the Law " On consumer protection» may require you to provide a telephone for quality control and independent review. In this case, you must insist on a detailed inspection of the phone before handing it over and get a document from the seller that reflects what and in what form you are handing over (are there any signs of opening, mechanical damage, traces of moisture, etc.). The ideal option is if the quality check and / or independent examination will be carried out in your presence and you will not have to lose sight of your phone before receiving the money.

Below we provide an example sample claim for a refund for defective phone

Head of OOO "ХХХХХХХХХХ"

(insert the full name of the seller)

Moscow, Red Square, 300

(please enter seller's address)

from Ivanov Ivan Ivanovich,

(Your Surname, First Name, Patronymic)

living at the address: Moscow, Red Square, 301

(please enter your address)

tel. 000-00-00

(please enter your contact phone number, you can mobile)

CLAIM

Appendix:

1.Copy of receipt (if any)

2.Copy of the warranty card (if any)

Signature

"__" __________ 20__

Delivery:

Claim is drawn up in two copies, one of which is transferred to the seller (manufacturer, performer), and on the second, the seller (manufacturer, performer) makes a note of its receipt. Any employee of the seller (manufacturer, performer) can sign for the receipt of a claim, it is necessary to ensure that your counterparty not only signs for the receipt of the claim, but also sets the date of delivery.

Many stores are reluctant to take back appliances. They try to blame the buyer for its obvious defects, refer to the lack of money in the cash register, unknown legislative acts, and resort to other tricks. If an agreement cannot be reached, claiming a refund for a cell phone will be the first step in asserting your rights as a consumer.

Can I return my mobile phone?

Sellers often state that they won't take a phone back to the store because it's a technically complex thing. And, in support of their words, they refer to the government List of goods that cannot be returned to the store (Government Decree No. 55 of January 19, 1998).

Such a list does exist, and a mobile phone is included in it. However, the restriction on its return applies to a situation where the buyer wants to refuse to buy a working gadget. For example, he decided that he did not like its color, feature set, size or other characteristics. Or he just found the same model at a lower price and, under various pretexts, wants to get rid of an expensive purchase. That is, the specified List contains a list of goods that cannot be returned with proper quality.

Sometimes sellers meet consumers halfway and agree to return a mobile phone, even if everything is in order with it. But usually the maximum that the buyer can count on is the exchange of the device for another model (preferably more expensive). However, if a citizen wants to return a phone of inadequate quality, the law does not prevent him from doing so.

When communicating with the seller, the buyer should show a good knowledge of the law on consumer rights (No. 2300-1). You need to refer to the following sections of the document:

article 18 - a technically complex purchase can be abandoned if flaws were found in it;
article 19 - establishes the right of a citizen to return goods under warranty during the entire warranty period;
article 22 - the return of the paid money at the request of the consumer must be carried out within 10 days;
article 24 - if a defective phone was taken on credit, the store is obliged to return the money along with interest;
article 26.1 - if the mobile device was purchased through an online store, the buyer has the right to return it within 7 days, even if it is in good condition.

All of the above articles must also be indicated in the claim, if negotiations with the seller are unsuccessful, and its preparation is required.

Drafting a claim

Before writing a claim for a refund for a phone, the buyer needs to find out:

legal, that is, the official address of the organization (usually it does not coincide with the location of the store);
name of its leader;
Full name of the employee of the outlet who refused to return the money.

The address of the company and information about the management can be found on the information stand or on the store's website. Information about the seller is indicated on his badge. For a person who does not have experience in compiling such papers, it would be useful to find on the Internet a sample claim for a refund of money paid for a phone. Despite the uniqueness of each situation, the template will help you figure out what to write about.

"Hat" claims

A legal address will be required even if the owner of a low-quality phone tries to hand over the claim personally, and not send it by mail - it is indicated in the "header" of the application. And even more so, you need to know it if the claim is not accepted by the store, and it has to be sent by registered mail.

In addition to the legal address of the seller, the following is indicated in the upper right corner:

Full name of the head of the organization (with an exact indication of the position);
Full name of the buyer dissatisfied with the purchase;
an indication of his address and contact details (telephone, e-mail, fax).

"Body" of the claim

The statement is called "CLAIMS", followed by a statement of the essence of the problem. It should not be overly detailed or overly emotional. Instead of retelling what the buyer thought of the sellers when he discovered the phone defect, and what he wanted to do with them, it is better to state the facts dryly:

what brand and model the mobile phone was bought;
when it was;
which confirms the fact of purchase in this store (details of the check, contract or other document);
what is the cost of the purchase (if the phone was purchased on credit, indicate this separately);
when the fault was discovered;
what does it consist of;
the duration of the warranty established for this product;
whether the device was given for repair;
what was the reason for the seller's refusal to return the money, etc.

It is important for the seller to convey the idea that the returned goods are of inadequate quality, and this is done within the limits of the current warranty. Also, the buyer must indicate that he does not agree to either repair or replace the phone, but wants to return his money within the period specified by law (10 days) (the full amount is prescribed). He indicates this requirement at the end of the application, referring to the relevant article of the normative act.

The complaint should list some provisions of the law on consumer rights that protect the interests of buyers. In addition to the provisions already mentioned above, it is useful to refer to Article 13. It states that if the buyer's claims are satisfied in court, the seller will be charged a fine of 50% of the value of the returned phone.

At the end of the claim statement, the seller is warned that if the conflict is not resolved voluntarily, the buyer reserves the right to apply to the judicial authorities. In this case, he will present additional requirements to the store: compensation for non-pecuniary damage and expenses for legal assistance and state duty.

The attached copies of the documents are listed below. Usually this:

cash or sales receipt for the purchase;
phone warranty.

After that, the date of preparation of the paper and the signature of the owner of the faulty gadget are put. The originals of all documents must remain with the buyer. He'll need them if the case goes to trial.

A sample of a completed claim for a refund for a low-quality phone can be downloaded here.

Conducting an examination

If the buyer of the phone has organized an independent examination, he attaches a copy of the expert's report. In this case, he has the right to add to the claims compensation for the costs of the expert's services.

But if the examination of the quality of the device has not yet been carried out, and the consumer expects it from the seller, the text of the claim should include a clause about the desire of the buyer to be personally present at the time of the check. Such a right is guaranteed to him by the law on consumer rights (Article 18, paragraph 5)

Often a claim is enough to keep the case from going to court. And the more competently and thoroughly it is drawn up, the more likely it is that the seller will want to quickly resolve the conflict with a legally savvy buyer.