The phone broke for the second time under warranty. Actions in case of repeated breakdown

How to return the phone to the store and is it possible to do this? You can’t imagine a modern person without a gadget in his 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 out of place. But it also happens that a brand new device purchased turned out to be defective, or you didn’t like its model or color. This is where the question arises - how to return the phone to the store. By law, returns are possible, but with some reservations.

How to legally return a phone to a store

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

Civil code;
Law No. 2300-1 (on the protection of consumer rights);
Resolution No. 55.

Both the Civil Code and Article 18 of the law say that if problems are detected in the phone, you can demand from the seller, importer or manufacturer (your choice):

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

At the same time, you have 15 days from the date of purchase to file a claim with the seller.

— the phone has a significant drawback (it cannot be used);

— the seller violated the repair deadline;

— after repeated repairs, the phone did not work for more than a month (for a total of a year).

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

in the wilds of the Internet, you can come across publications claiming that phones are not household radio electronics, but a portable station, and therefore are not included in the list of quality goods that cannot be returned. However, this is far from true, because back in 2002, changes were made to Resolution 55, where the list includes telephone sets, which also include mobile phones.

What to do if your phone is broken

First, you need to decide what you want:

exchange the phone for the same, but working one;
exchange for another;
repair at the store's expense;
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 an option that is profitable for him. If they object to you that phones are not replaced, but repaired, you can safely refer to Article 18 of the ZPP Law!

Now you need to decide who to write a complaint 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 law on STDs, the warranty period can be assigned either by the seller or the manufacturer. But this is only a right, not an obligation. At the same time, if the period is not established (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.

Advice: if you bought a phone, smartphone or communicator for your loved one, daughter, son, mother or father – keep all the pieces of paper issued in the store attached to your purchase. Also store all supplied accessories in the device box when you are not using them. For the entire warranty period, keep the kit: charger, headphones, headset, in general, everything that the phone was sold to you with.

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

There is a guarantee, if there is none, there is no need to think about repairs, because a new, working item cannot be compared to an already repaired one!

How to get money back for a phone

So, you decided not to exchange the phone for another one, but return it and take the money back. The procedure will be as follows:

we assemble the kit into a phone box;
we make copies from a cash receipt, sales receipt or from a receipt for payment by card;
we write two like this identical statements addressed to management (each retail outlet should have a consumer corner where you can find out the address and manager or individual entrepreneur);
let's go to the store;
we present a claim to the administrator (let the administrator sign and put a number on one copy, take it for yourself).

By the way, about the timing - The following deadlines are established by law for all procedures::

money back – 10 days;
phone replacement – 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 duration of repair – 3 days.

For each day of delay, you are entitled to a penalty from the seller - 1% of the price of the phone!

About issuing a working phone: according to Part 2 of Article 20 of the ZPP Law, while your phone is being repaired, the seller is obliged to provide you with a working phone with the same properties as the defective one. That is, if you have a smartphone, then they should also give you a smartphone - with access to the Internet, with the same number of SIM cards, with Wi-Fi, etc.

After the claim and the phone included 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 down your desire in the complaint and demand that you be informed where and when the phone examination will take place.

Advice: if you know for sure that the phone broke due to your fault (fell into water, from a height, etc.), you should not start a return case, 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 refused a refund? You have the right to carry it out yourself independent expert! But it's better to do it in court.

Refused? To court!

According to Article 17 of the ZPP Law, a claim must be filed in 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 registration of the store;
at your place of residence;
at the location of the store.

There is no need to pay state duty; consumers do not pay it.

You must bring to court:

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

Never give the originals of checks or documents to anyone, keep them with you! In court, they can only be shown so that the judge can certify the copies.

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

And in conclusion, advice: Before returning the phone to the store, make sure that it is not broken due to your fault, that it was not dropped by a child, or chewed by a dog. Otherwise, unnecessary expenses cannot be avoided. Yes, and it’s unpleasant. Happy shopping!

14 comments

I borrowed a phone. A month later my battery swelled and as a result the screen cracked, and a month later my firmware crashed. Arriving at the salon where I took it, I explained everything, but in the end they didn’t take the phone because the screen was cracked. I took it in for repair at my own expense, they did the firmware for me, it works, but since the battery is swollen, I don’t use it, and the battery is only made to order. What to do? And I still have to pay the phone loan for another 3 months,

Julia, carefully read the second half of the article - everything is laid out in detail there and even an application is attached, which you can download and fill out.

There is no point in retelling the essence of the article here. Read it. Don't be lazy..

Hello. On October 28, I bought a smartphone in a store for 40 thousand rubles. on credit. On 12/30/2016, during the operation of the device, a shortcoming was revealed, and therefore further operation of the specified device is impossible, namely: it did not work left side screen. On January 3, 2017, I handed over the smartphone to warranty repair and was issued to me on January 20, 2017. After returning the device from the service center, the next day of using the smartphone the same problem occurred again. On January 21, 2017, I returned the smartphone to the store. I did not violate the rules for operating the device. Term warranty service The device has not expired to this day. On January 25, 2017, I made and submitted a claim to the store demanding a refund, on 02/06/2017 I received an answer that the phone was being repaired and that the store had no information about a significant flaw in the operation of the device, I needed to wait for it to be repaired... ..repair period - 45 days......I want to know, I am in moral jeopardy - I pay money, but don’t use the phone, and can I refuse the repaired phone? is this legal? or should I pick up the phone (as they say in the store) and if it breaks again, then just apply for a refund? how can I avoid risks, I’m tired of going to the store many times......

Elena, re-read the article again - everything is written there in detail.

Good afternoon I bought a phone, two months later the speaker died, I don’t want to have the phone repaired, but I want my money back, is it possible?

Yes, Lisa, it is possible to return the money. To do this, you need to read the article and act.

Hello! I bought the phone in installments for 4 months. I have already paid off the installment plan. 4 months have already passed. When using the phone, red spots appear on the phone. I read on the Internet that this phone has such a defect. I arrived at the store and wrote a claim for a refund of the money spent on the phone. I refuse repairs. Tell me, is it possible to get the money back? The complaint has not yet been responded to.

Nikolay, to be honest, the situation is precarious - they may return it, or they may delay the matter. It all depends on the position of the seller. If the seller is reputable, they will return it, but if they are stallholders, they may refuse. We must wait for a response to the complaint.

Good afternoon On February 20, I purchased a phone in installments for 7,400, plus 3 accessories were imposed (because in installments), in general, a check for 8 kopecks. When I got home, I naturally began to figure out my phone, download applications, and after a while I realized that the speaker wasn’t working. (Everything was fine when purchased) When they call, I can’t hear it. Everything is fine through headphones. Well, I think maybe I pressed it and did it general reset to factory ones. No result. The next day I went to the salon. Sent for examination. We waited a month. Result: no defect found. And what’s most amazing is that everything worked! A week later, same problem, the speaker stopped working! There was no damage, they weren’t dropped, they weren’t drowned, they didn’t change the sound settings, they just set the desired melody. During this time there was one loan payment. Please tell me what to do to return the phone back to the store and get money! If possible, then moral compensation too! I bought the phone for my mother as a gift... my mother, of course, was very upset!

The general scheme is described in the article. Usually official sellers decide similar problems. Try to follow the scheme given in the article. Moral compensation is definitely through the court, for which you need to spend money in an amount greater than the cost of the phone. And even then, this is a controversial issue.

Good evening. Please tell me you bought the phone a year ago. Broke. (It turned off and won't turn on) The warranty expired exactly 2 days ago. Can I return this phone back and request a refund? cash? Thank you

Yulia, since the guarantee expired (at least 2 days, at least a week ago), it is legally legal that you will be refused a refund.

The question is actually this: I purchased the phone less than a month ago.

Constantly disconnected, as a result the contact list was completely blocked.

When I tried to return it to the store, with a request to exchange it for another one or return the money, they offered me a push-button phone to use for 10 days to conduct an examination.

When looking at the receipt, the administrator called the seller, it turned out that the seller was away somewhere, and some girl sold this device under his name.

What to do in this situation?

First, write a complaint in duplicate to Rospotrebnadzor, where you describe the situation in detail. Give one copy to the store administrator against signature (have him sign on the copy, which you keep), and use the second copy to demonstrate that you went to send. If there is no reaction, then send it. Often at this stage the issue is resolved.

If not resolved, then your complaint should work. Well, further on the situation.

How to get money back for a phone under warranty? Warranty claim by phone

Issues related to goods and services have always interested the population. Russia even has a special law protecting consumer rights. It is called “On the Protection of Consumer Rights”.

Today we are going to find out how to get your money back for a phone under warranty. Is it even possible to do this? Under what circumstances will funds be returned and under what circumstances will they not? The answers to all these questions will be given below. Among other things, we will be able to get acquainted with the rules for writing claims for phones that have not yet expired the warranty period. What features of the process should you pay attention to? What will each potential buyer need to remember about the procedures being studied?

This is a guarantee.

The first step is to understand what a warranty period is. Every person who has ever purchased equipment should be familiar with this term. Especially technically complex designs.

The warranty period is the time during which the manufacturer of a particular product produces free repair, diagnostics or replacement of components of your device. A similar document is attached to all gadgets and machines. Phones are no exception here. A corresponding coupon is also issued for them.

So what does a phone warranty provide? Within a specified time (usually 12 months), the buyer will be able to:

carry out free diagnostics devices in the service center;
replace a broken or defective phone with a similar one;
have your device repaired at a service center for free.

This paper is in mandatory included as standard on all devices. The buyer must check the availability of the appropriate warranty card. If it is not there, it is not recommended to purchase a phone. After all, then the citizen will not have any rights to free repair or replacement. This is the opinion held by the majority of people. Is this really true?

Is there any chance of a replacement?

To understand this feature, you will have to answer whether the phone can be replaced under warranty. How legal is this idea?

In Russia, it is not prohibited to replace and repair devices that are under warranty for free. This means that theoretically it is possible to replace an unsuitable smartphone. But in practice this is not so easy to do. Especially if you don't take into account some factors. Next, we will consider various options for the development of events regarding this issue. What tricks do cell phone stores use to avoid exchanging sold devices? How to file a refund claim and get money for a defective product? If you prepare in advance for such situations (this is recommended to do under any circumstances), you can implement your idea without much difficulty. The main thing is to know your rights and not fall for the deceptions and tricks of sellers.

What may be useful

How to get money back for a phone under warranty? The first rule you have to remember is to save all documents and papers. Each customer purchases a specific set with a device in the store. And it will have to be preserved. Otherwise, there may be problems with the return or exchange.

As a rule, in the box with a mobile phone you can find:

the device itself;
charger;
battery;
operating instructions;
cable for connecting to PC (USB);
warranty card for a phone purchased by a person.

Having the latest document should be a concern for every buyer. As already mentioned, if there is no guarantee, it is better to refrain from purchasing. All these components (some smartphones also have accessories such as a protective film or a headset) need to be preserved. Preferably with the box.

In addition, upon payment, the buyer will be given a check. It is a mandatory attribute if you need to return or exchange a smartphone. This is a kind of proof of the transaction. No receipt? Then you can completely forget about implementing the task. Without it, it will not be possible to prove the fact of purchasing a phone in a specific store.

Proper quality

The quality of the product plays a huge role in the issue being studied. How to get money back for a phone under warranty? Before taking decisive action, the buyer should consider the reason for the complaint.

The thing is that today goods of proper quality can be returned. But only under certain circumstances and with time limits. About what we're talking about?

Any smartphone of good quality is offered to be returned to the store under the following circumstances:

the device does not match in color, shape or size;
The product has not been used, it has fully retained its presentation, has all the factory seals and plugs.

What restrictions are we talking about? The buyer can return the mobile device to the store within 14 days from the date of the transaction. This rule is regulated by the Law “On Protection of Consumer Rights”. This means that if there are no defects on the smartphone, you can still return it and get your money back.

Technically complex product of appropriate quality

How to get money back for a phone under warranty? In fact, everything is not as simple as it might seem. The thing is that smartphones are included in the list of technically complex goods. Therefore, buyers and sellers often have disagreements.

According to established rules, technically complex goods of proper quality cannot be returned if they are under warranty. Accordingly, you can forget about implementing the task. Such a device can only be returned or exchanged as part of some promotion held by the store. Or at the free will of the seller.

But technically complex goods of poor quality can be exchanged or returned. Only with certain features and nuances.

Inadequate quality of complex equipment

What to do if you need to return a phone of poor quality? According to the law, technically complex goods in this case are exchanged within 15 days from the date of purchase. The buyer then loses this right.

But there are exceptions everywhere. You can exchange or demand money for technically complex goods of inadequate quality after the specified period in the following cases:

The smartphone was found to be seriously damaged (defective);
the deadlines for eliminating the defects were violated (45 days are allotted for the operation);
if during the entire warranty year the device could not be used for more than 30 days in total due to constant repairs and elimination of defects of the device.

There are no further rules regarding this issue. In case of minor breakdowns or defects, if more than 15 days have passed since the purchase of the smartphone, you will have to put up with them.

About poor quality of goods

Now a little about more common situations. What to do if your phone breaks under warranty? Will it be possible to get him back?

As already mentioned, in Russia buyers can demand their money for any product of inadequate quality. Moreover, this can be done during the entire warranty period. The previously proposed time limits are only valid for 100% working devices.

Returning a phone that is broken or malfunctions during the warranty period is the legal right of every buyer. If the seller refuses the transaction, you can complain about it. What should I do to get my money back?

Application procedure

Everything is extremely simple. Especially if the citizen has saved receipts and documents from the smartphone. Without them, as already mentioned, it will be almost impossible to bring the idea to life.

Regardless of when exactly the breakdown occurred (during the entire warranty year, of course), you will have to follow some instructions. They look something like this:

Collect the previously listed documents. They must be accompanied by a citizen's identity card (passport).
Write a claim. How this is done will be discussed later.
Contact the store where the purchase was made with a corresponding complaint.
Wait for funds or exchange the device for a similar device, but in working condition.

In reality, everything is not so simple. Sellers often refuse to refund buyers. For example, due to doubts about the reasons for the appearance of certain defects. What to do in this case?

Conflicts with sellers

Don't despair. Even if there is a disagreement, you can easily get your money back for a smartphone of poor quality. This is normal. The main thing is to behave correctly.

If the seller doubts the reasons for the appearance of certain defects, he must, at his own expense, conduct an examination, during which the quality of the product will be confirmed (or not). If manufacturing defects are identified, the money is returned to the buyer in full. If the examination determines that the defect is caused by a violation of the operating instructions, you can forget about the operation. Additionally, the citizen will have to reimburse all the store’s expenses for diagnostics.

Sometimes it happens that the warranty period for the phone has not been established or has expired. In this case, you can also get your money back. But for this you will have to conduct an examination at your own expense. The procedure is allowed to be carried out within 2 years from the date of purchase of the gadget.

There are exceptional cases. For example, if more than 24 months have passed since the purchase of the smartphone. Then you can return the faulty gadget within 10 years after the start of its use or during the service life established by the manufacturer. Cell phone stores are not involved in this transaction - claims must be submitted directly to the manufacturer. With all this, the disadvantage of a smartphone should be significant and irreparable. If the breakdown is repairable, you are allowed to demand money only if the manufacturer has not removed it free of charge within 20 days. The buyer must prove at his own expense the reasons for the defect.

About refund amounts

Now a little about how much money you are allowed to return if your phone breaks under warranty. This issue often causes controversy.

Firstly, the buyer is required to reimburse the full cost of the purchased device. Secondly, every citizen has the right to reimbursement of all expenses associated with examination and repair faulty smartphone. Thirdly, if the price of the phone has increased, you can demand payment of the difference in cost.

It follows that sometimes the buyer is able to receive more money than he once spent. Such situations are very rare in practice; you should not rely on them.

What to do when purchasing a smartphone on credit? In this case, the return of the phone takes place according to the previously proposed principles. The money is returned in the amount of the cost of the device. In addition, the buyer is required to reimburse the interest on the loan that was paid.

Review and return times

In Russia today, all claims for refunds on mobile phones are considered within 10 days. If the store has not responded to the document in any way, you can file a lawsuit.

It is important to note that no more than 45 days are allotted for examination or repair of the device. Therefore, if a citizen was promised to repair the gadget and fix the breakdown, he will have to wait.

What cannot be returned

From now on, it should be clear how to get your money back for a phone under warranty. What devices are not eligible for reimbursement?

As already mentioned, all smartphones of poor quality must be replaced or returned to the store. Warranty for new phone at the same time it will also be updated. Money for such products must be returned upon request of the consumer.

Among the smartphones that cannot be returned are:

devices of proper quality, if more than 2 weeks have passed since their purchase;
technically complex devices of inadequate quality, if the claim arose more than 15 days after the transaction.

No more restrictions. What else should every buyer remember if he wants to make a warranty claim on a smartphone? What does this document look like? What should it contain?

Rules for writing a claim

Warranty claims over the phone can only be made in writing in person by the buyer. It is important to remember that the document can be:

written by hand;
printed using a printer and PC.

There is no fundamental difference in how the document is written. The main thing is that it is real paper that can be read.

The remaining rules for writing a document are general principles of conducting business correspondence. Among key points It is possible to identify a special structure of the claim.

It looks something like this:

"Head" of the document. It is drawn up in the right top corner leaf. Here you need to write information about the store to which the document is sent. In addition, the “header” contains information about the applicant - personal and contact information.
Name. It is written in the center of the page with new line. You must write "Claim". It is recommended to write a clarification under this word. In our case, the name looks like “Claim for refund for phone under warranty.”
Main part. It consists of a description of everything that happens. You could say this is the crux of the complaint. Here you need to tell as accurately as possible, but briefly and to the point, about the reasons for the complaint and your requirements. After this, you need to list in a numbered list all the documents attached to the claim.
Conclusion. This part of the paper usually consists of the date of application and the signature of the applicant.

That's it. There are no more special rules for writing a complaint. It is recommended to record the fact of contacting the store with this document. This is necessary so that in case of inaction of the organization, the citizen has the right to go to court for protection.

Sample

The warranty for a phone by law, as you may have already noticed, is established by the manufacturer. Usually it is 12 months. Sometimes you can find gadgets with a warranty of 6 months or several years.

What would a claim for a refund for a mobile device that is out of warranty look like? For example, like this:

“I, (data about the applicant, including passport details), ask for a refund in the amount of (amount) for what I purchased mobile phone(model). (Date of transaction) I bought this device at the store (information about the outlet). It is under warranty until (expiration date of the warranty card). (Date of incident) I took my mobile phone and tried to turn it on. The device booted up and turned off on its own after a few minutes. Reactivation did not produce results. The battery charge is shown at 100%. (Date) I conducted an independent examination. She identified a manufacturing defect in the mobile phone circuit boards. I paid (amount) for the operation. I request a refund in the amount paid for the smartphone (model), as well as the costs of diagnosing this equipment."

This claim is not exhaustive. This sample is just a small template for the main part of the document. It helps to understand the essence of writing a paper.

About batteries and components

The last question that may arise is whether you will receive a refund for a phone with a faulty battery or other components. Is it possible to carry out such an operation? Yes. It is enough to remember a few simple rules. The principle of filing a claim will not change.

The warranty on phone batteries will be exactly the same as on the device itself, unless the manufacturer has indicated otherwise. It is enough to carefully study the warranty card. If it does not mention that the battery or any components of the smartphone are not covered by the warranty, you can safely contact the store with a claim within the entire period indicated on the coupon. The main thing is to have documents for your phone and a receipt indicating payment for the goods.

Results

Perhaps this is all that every consumer should know. From now on, the topic “Phone under warranty - my rights” will no longer cause any difficulties. If you have all the documents for your smartphone, you can easily file a claim and get your money back for a purchase of poor quality. Of course, the device itself will need to be taken to the store.

In fact, everything is much simpler than it seems. Sellers often try to violate the rights of buyers. It is important to understand that you can exchange or return money for a product at any time if it is proven to be of inadequate quality or a serious defect. But a working device can be returned only if it is in its original condition and within 14 days from the date of purchase. Even technically complex devices must be accepted for exchange or return.

So, if a citizen’s phone suddenly breaks down, he can demand an exchange or a refund during the entire warranty period. The main problem in this issue is device diagnostics. You have to prove to stores that the smartphone was originally purchased with a defect. In practice, not every buyer is able to defend their rights.

My phone broke under warranty - what are my rights?

A broken phone can jeopardize many of your plans. After all, all phone numbers and other information that is necessary for work or leisure are hardwired into his memory.

Therefore, many phone owners are interested in their rights if the device breaks down. Such questions are answered by the Consumer Protection Law (CPL).

What cases does the warranty cover?

The warranty does not cover phone breakdowns caused by improper use.

If the phone’s breakdown is not related to operating conditions (dropped into water, hit against a brick, etc.), then you have the right to demand repair or replacement with a similar device. This is written in Article 20 of the PPA.

You also have the right to a warranty extension for the entire time during which you did not use the phone due to its breakdown. You can also have it repaired in a specialized workshop that is licensed to repair phones from this company, after which the store is obliged to pay the full cost of the repair.

However, there are exceptions to these rules. The store will be able to refuse to pay for repairs, replace the phone, or return the money spent on its purchase if you cannot prove that the device broke down through no fault of yours.

What are you entitled to if your phone breaks under warranty?

The examination will determine the reasons for the phone breakdown

If you are sure that the breakdown was not your fault, then you have the right to demand an examination. If the store refuses this, contact the consumer rights protection department at the city or district administration. Department employees will help you conduct an independent examination and file a claim addressed to the store owner.

If there is an examination confirming that the cause of the breakdown is a defect in the phone received at the stage of manufacturing or delivery to the buyer, then in most cases the store management prefers not to bring the matter to court.

If the owners or management of the store refuse to return the money, pay for repairs or reduce the cost of the phone, then the department employees will help in drawing up a statement of claim to go to court. With such evidence, the court will take your side, because according to the consumer protection law, you have the right to demand compensation, as stated in Article 24 of the consumer protection law.

If, as a result of the breakdown, you received non-property damage, for example, a meeting with friends or relatives was disrupted, you have the right to file a claim for compensation for moral damage. This is written in Article 15 of the PPL.

What to do if your phone is broken under warranty?

According to the Law “On the Protection of Consumer Rights,” you can return a cell phone to a store later than two weeks from the date of purchase only if it has some technical faults. Can it be repaired at the store's expense or exchanged for another?

What rights does the consumer have?

According to the Law “On Protection of Consumer Rights” you have the following privileges:

You can even return working phone back to the store if it doesn’t meet some criteria: the gadget is the wrong size, color, has an awkward shape, or the seller told you about components that weren’t in the box. The phone does not have the resolution that the seller promised you.
You, on legally, you can return a working phone back to the store within two weeks, not counting the day of purchase.
You can exchange your phone for the same one. If there is no such phone on the day of your request, then you can negotiate with the seller and wait until such a model appears in the store, or terminate the contract and return the amount spent back.

What rights does the consumer have if the purchased phone becomes unusable?

Since a cell phone belongs to the category of complex technical goods, then it is covered by a warranty period of one to two years. If the phone breaks down during the period specified in the warranty, then you have the right to:

Contact the store with a complaint and demand that your broken phone be repaired.
Ask to exchange your broken phone for a new one (similar or different).

What to do if your phone breaks almost immediately after purchase

If you did not turn on the phone in the store and did not check its functionality, but at home immediately or in the first two weeks you discovered obvious shortcomings, then you can:

Request a return, exchange or repair of the phone.
Request warranty service from the store, which for mobile phones ranges from 12 to 24 months.
Request warranty service from the manufacturer.

What to do if your phone breaks under warranty

Required actions

Find the receipt and all documents for the broken phone. It is also important to find the box in which it was packaged.

If you have lost your receipt, then as proof of your purchase of the phone you can provide a printed history of the bank card with which you paid for the phone or invite a person who was present at the time of your purchase and therefore can act as a witness.

In the store, provide your phone number, receipt, packaging and documents to the seller. Ask for a claim form.

In order to have time to correctly draw up a claim, it is better to familiarize yourself with your rights on legal websites or by seeking the help of a professional lawyer. A correctly drafted claim is 50% successful in returning a broken phone.

After filing a claim, the seller must take your phone for examination at the store’s expense, with the help of which the cause of the breakdown will be determined.

If the established reason indicates that the cause of the breakdown is your carelessness, then they will charge you money for the examination.

If the examination shows that the cause of the phone breakdown was a manufacturing defect, then your phone will be sent to the repair service. This is done at the expense of the store.

What can you do with a broken phone in a store?

In addition to warranty repairs, you can:

Exchange the phone for a similar model, for another model with an additional payment or refund of the difference in the cost of the selected model.
Finally return the phone to the seller and return the money.
Demand that the price of the phone model be reduced due to the presence of a designated defect.

What should you do if the store refuses to return a phone that is broken under warranty?

If you contact the store with a complaint, and the seller refuses not only to send the phone for a guaranteed repair, but also to conduct an examination, then this is a clear violation of the Law “On the Protection of Consumer Rights”.

If the seller refuses to send the phone for examination, contact higher service personnel - the general manager or store director.
If they also refuse to provide you with a warranty repair service for your phone, then contact the consumer protection service. There they will help you write a complaint and send it to the relevant protection authorities.
If this does not work, then the last option will be to resolve the issue in court.

Sample claim

Experience as a lawyer since 2003. Graduated from the Moscow State Open University with honors. Specialization - consumer protection.

How to get your money back if your mobile phone (smartphone) is broken under warranty

Today, in the age of digital technology, we cannot imagine our life without mobile phones. These devices come in the most various forms, types and colors. They differ in functionality, manufacturers and, of course, price. But bad things can happen to any cell phone. It may fail or, more simply put, break.

Many consumers are probably wondering: what to do if your mobile phone breaks down?

Most people probably think that in this case the device can only be returned for warranty repair. And then wait a month and a half for repairs. Moreover, it is far from a fact that after repair the device will not break down again. Some people believe that they need to immediately contact a paid service. Some people think that in such a situation you need to find a small store where the device can be sold cheaply (as if it is faulty). It is also easy to find a buyer for such a device through advertisements in newspapers or on the Internet. And don’t “bother” about it. Well, some people think that a broken device can only be thrown away.

In fact, this is far from the case! There is a way in which you can replace a faulty device with a new one absolutely free of charge. Or receive the entire amount of money paid for it. Of course, if you bought the device in a store, and not somewhere around the corner. However, the warranty period for the product has not yet expired. And the operating conditions of the device were not violated. In this case, you can actually replace the faulty device with a new one. Or get your money back. Everything is quite simple, legal and absolutely real. If you want to know how to do this, just read the article to the end.

What you need to know when buying a new mobile phone (smartphone)

So, let's imagine the following situation: you came to the store and bought a cell phone, smartphone or communicator. It doesn’t matter who you bought this device for: yourself, your girlfriend or boyfriend, child, mom, dad... It’s important that you keep the sales receipt and, in general, all the pieces of paper that the seller gave you upon purchase.

Useful advice: never throw away documents received when purchasing goods ! They can be very useful to you if the device fails. Of course, according to the current Law “On Protection of Consumer Rights”, you have the right to use the testimony of witnesses. To prove the fact of purchase of goods if the necessary receipt and coupon are lost. But it’s still much easier and smarter to keep the sales receipt and warranty card.

We will assume that you, as a thorough person, took and kept everything that the seller gave out. Thus, you saved your time, as well as your own nerves. We insured ourselves against any possible unpleasant moments regarding the purchase.

It is important to know: the completeness of the purchase is no small matter! After all, you may have to return the product back to the store (if it is faulty or broken). Therefore, if the kit includes headphones, do not rush to adapt them for some other device. Also, don’t throw them away if you decide to buy other, better ones. A memory card is included - do not insert it into another device. If you don't like the stylus that comes with the device, don't rush to throw it away. Even if you firmly decided to buy another one. Let the stylus you don’t like just sit in the box. Simply put: always keep everything you receive when you purchase a product.

During the warranty period of the device, you must maintain:

all documents and papers received upon purchase;

complete equipment of the device.

Most often, the warranty period for cell phones, smartphones and communicators is one year. But it could be more. It's very easy to find out. This information indicated in the warranty card. If you wish, even before purchasing, you can check the warranty period with the seller.

What to do when your phone breaks under warranty

More often than not, such a nuisance does not happen immediately. And it happens a month or even six months after the purchase. It doesn't matter when exactly it happened. It is important that it occurred during the warranty period of the device! And you yourself did not contribute to this in any way. Those. did not violate the terms of the warranty agreement. You didn't apply mechanical damage, the device has not been exposed to high humidity, etc. Study these in detail warranty conditions You can refer to the instructions for the device.

All such unpleasant situations can be summarized by the following phrase: the device was found to have significant drawback . Don't worry! Nothing bad happened. You, as a consumer, have certain rights! They are assigned to the buyer in the special Law “On the Protection of Consumer Rights”.

Of course, exercising your consumer rights will require some work. But believe me, it's worth it. Unless, of course, the money you paid for the phone is not extra for you. You just need to exercise your legal rights wisely.

How to make a claim

Let's consider the order of your actions in such a situation.

Among the papers received upon purchase, we will be interested in sales receipt and warranty card. Today, in addition to the main guarantee, the buyer is often offered to purchase an additional one. It entitles you to one more year (or even two) of additional warranty service. If the main guarantee has already expired, and the additional one is still valid, you still have exactly the same rights. This is important to know and understand!

In this claim (statement) we describe the current situation. The form of the document is arbitrary.

This claim must be printed in two copies. It is necessary to prepare two identical sets of documents: a claim, a copy of the sales receipt, a copy of the warranty card.

Keep all original documents at home! After all, in case of refusal to satisfy your legal demand, they will be required in court. Although this scenario is not at all beneficial for the store, such a development of events occurs quite often in practice. Although sometimes this also happens (more often in small stores).

And you will need to prove your case in court. However, if the court rules in favor of the buyer, all his expenses will be paid by the store! This will include: the price of the purchased goods, the cost of an independent examination, and the services of a lawyer. Also, according to the court's decision, the store will most likely have to compensate for some moral damage. Which was caused to the buyer. And all this is in no way in the interests of the store.

Participation in the examination of product quality

If you Do you want to participate in checking the quality of the product?, add the appropriate clause to the claim. It might look like this:

If a decision is made to conduct a quality check (examination), please inform me in advance in writing inform me about the place and time of its holding so that I can exercise my right to participate in the inspection or examination of the goods.

Don't be afraid that this point looks so boring. This is fine. That's how it's supposed to be. However, this item is not required. This is your personal right. After all, if necessary, you can always conduct an independent examination. To do this, it is not at all necessary to attend the examination conducted by the store. However, if you have free time and you want to see everything with your own eyes, feel free to add this item.

Exchange of warranty phone

You may wish to exchange the faulty item for the same or similar item. Don't demand a refund. Then the main text (demand) of the claim you submit may look like this:

In accordance with Article 18 of the Law of the Russian Federation “On the Protection of Consumer Rights,” I ask you to replace ____________ (name of product: cell phone, smartphone or communicator) ______________ “Brand, full name of the device” (serial number IMEI: 123456789101112) worth 8,888 rubles. 00 kop. (eight thousand eight hundred eighty-eight rubles) of inadequate quality for the name of a product of the same brand and model or for the name of a product of a different brand (model) with a corresponding recalculation of the purchase price.

If it takes you more than seven days to replace the product, then in accordance with Article 21 of the Law of the Russian Federation “On the Protection of Consumer Rights,” I ask you to provide me within three days, free of charge, for the duration of the repair, with a device (or name of the product) that has the same basic consumer properties , providing delivery at your own expense.

The structure of the claim itself does not change. After all, in in this case you are simply making a different demand.

Don’t be confused by the clause about providing “a device with the same basic consumer properties.” This requirement is absolutely legal! It gives you the right to receive a replacement device for temporary use until the product you need arrives at the store. There is no limit to the time it takes for the required product to arrive. Maximum – one month. If you do not need a replacement device, simply do not indicate this requirement in the claim. Most often, the replacement stock of stores is very limited. Therefore, you should not expect that you will be offered a truly worthy replacement. Most likely it will be some kind of inexpensive phone, with which you can make calls and send SMS.

Procedure for filing a claim with the seller

So, taking all the papers and a telephone set (fully equipped), you go to the store. You hand over both sets of documents to the seller (claim, copies of the sales receipt and warranty card). He must keep one set for himself. On the other, you must put the store’s seal and your signature. And he must do this! Ask him persistently for this.

The seller must give you a signed set of documents with the store’s seal. Take these certified documents with you and don’t lose them.

The seller may inspect the machine before accepting and signing your papers. Perhaps he will check whether the device has the flaw you claim. But the seller cannot give an official conclusion about the performance of the device! He is not an expert.

Most likely, he will simply ask you to provide the device fully equipped. At the same time, he will issue a special paper - an inventory. It will indicate everything that was accepted from you (phone, memory card, headphones, stylus, etc.).

The store will then send the device to a specialized service center. Where the expert will write his conclusion. It will indicate whether the device actually has the specified defect. It will also determine whether this is a warranty case. Or the operating conditions of the product were violated. If the expert’s conclusion contradicts the truth, you can easily turn to an independent expert. In this case, it is she who will give the final conclusion.

What is better to demand - a refund for the product or an exchange for a similar phone

Know: you yourself (as a consumer) decide what requirement to put forward in your claim (application).

Of course, if the defect in the product is not your fault. It is up to you to choose what is best for you.

Exchange phone to the same or different (with appropriate recalculation), or get money. You can insist on a refund of the full amount of money paid for the device. This is your legal right. Although stores are not always willing to accept this scenario. But you can get your money back! Even if you have to go to the store two or three times for this. It is usually easier to exchange a phone for another (or the same) one. Store employees are much more willing to accept such a development.

Example: the Mediamarkt store, when returning a defective product, often (for an expensive purchase) tries to give the buyer not money, but gift cards for the same amount. This approach of the seller is also illegal.

In addition to the requirements considered (refund of money and replacement of the device), you can present others. For example, demand reimburse the costs of eliminating product defects or proportionately reduce the price of the device. However, these requirements are made much less frequently. Because they are less interesting to consumers themselves. You can learn more about all the rights in the Law “On Protection of Consumer Rights”.

What is important for a mobile phone buyer to know?

About the timing or how long to wait for a response to a claim

The Law defines clear, specific deadlines for the fulfillment of each requirement. They are stipulated in the relevant articles of the Law “On Protection of Consumer Rights” (Articles 20, 21, 22). Exceeding any of these deadlines is a violation of the law.

Delivery of the phone to the warranty workshop

The store may offer you to deliver the broken device to the service center yourself. Having said that this is in your own interests. But you are absolutely under no obligation to do this! Therefore, just refuse. State that the law “On Protection of Consumer Rights” does not contain such a requirement. You have already received a claim signed by the seller, certified by the store’s seal. And now time is on your side. After all, all waiting periods are clearly stated in the law. From this moment on, the prompt delivery of the device to the service center is in the interest of the store itself.

A telephone is a technically complex device

If the mobile phone is fully operational, then you have the right to return or exchange it within 14 days from the date of purchase in a regular store, and also return the product within 7 days if purchased in an online store on the basis of Article 25 of the RPP.

Whether a cell phone is a so-called technically complex product (TCT) is a rather controversial issue, but this will not stop the seller from trying to refuse to exchange the device or return your money on this basis.

How many times should you take your phone to a warranty workshop before asking for a replacement?

It happens that another unpleasant situation happens. You submitted the device for warranty repair. It was repaired and returned to you. And it broke again. So, you are not obligated to return the device for warranty repairs. infinite number once. If the same malfunction occurs again, feel free to return the product to the seller. And write a claim for a refund or exchange of goods.

Before carrying out any of the actions discussed, it will be useful to know the following. Absolutely it doesn’t matter what exactly the defect is in the device: some buttons cannot be pressed, the display goes out for no reason, the vibration alert or sound does not work. It is important that you yourself did not violate the rules for operating the device (warranty agreement). The device has no mechanical damage, has not been subjected to a makeshift (unofficial) “flashing”, etc. Those. you did not violate the rules for operating the device. If it’s your own fault, you’ll have to turn to a paid service.

One more thing - if the battery is pumped up (it runs out too quickly), then, alas, you will have to put up with it. Or just buy a new one. This is the real state of affairs. The battery is considered a separate part and has nothing to do with the phone's shortcomings.

Conclusion

If your mobile phone is broken and is under warranty, do not rush to send it in for repair. After all, it will most likely take a long time to wait for it to end. Also, do not rush to return the device for paid repairs or sell it as faulty. Do you have every right replace the device with a new one. Or get money. It only takes a little time to do this. To do this, you just need to know your rights and use them wisely. I hope the tips presented in this article will help you with this.

The above, unfortunately, does not apply to phones purchased on AliExpress

Good luck with your shopping and as little disappointment as possible in the purchased goods!

Date of publication of the article - April 21, 2010. Added - 05/20/2012, 06/30/2013, 07/21/2013, 08/17/2014

Useful links on the topic "Mobile phone (smartphone) is broken - get your money back"

Moral damage and grounds for its compensation

If in 2019 you wondered whether it is possible to return the phone back to the seller after purchase (to a store or to an individual) and get money - read the article and find out in what cases it is possible to make a refund and how to do it.

Important!

Please pay attention to the following:

This article discusses the possibility of returning only a new product (phone) that was purchased in an offline store (from an official representative, a commercial organization or an individual entrepreneur), if the product was purchased in an online store, then read;
a phone of poor quality (defective), if the breakdown was not your fault, you can almost always return it within 10 years from the date of purchase;
if the phone is a large item, there are specifics when returning it, which can be found at;
if the product is a means of navigation and communication and has touch screen, then when returning such goods of inadequate quality, the rules set out in the following rules apply:
If the defective product is intended for cooking and is not electrical, then when returning it, the rules set out in the following rules apply:
if the defective product is a photo and video accessory and has digital block control, then when returning it, the rules set out in .

So, you purchased, but now you want to return the phone and there is a need to return it. Now you need to decide on the following.

The phone you bought turned out to be of poor quality for a variety of reasons, for example:

factory defect of the phone (breakage as a result of a manufacturing defect, poorly functioning product);
defective coating - the paint has burst or cracked, there has been a scratch;
individual parts and elements are faulty;
defects of a different nature that do not allow the use of the product to the extent necessary, etc.

Free consultation with a lawyer on returning goods!
Legislation is rapidly becoming outdated, and each situation is individual. Save your time and money - call the numbers below, or contact the online consultant in the lower right corner.↘️
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The phone you purchased is of good quality, but you didn’t like it due to some characteristics, For example:

I didn’t like the color of the phone, its shape or dimensions;
not happy with its design or design individual elements;
its size, color or configuration, etc. did not fit.

In the table you will find brief overview articles that will help you understand the essence and navigate the information
Good quality product
in most cases it is impossible to return, but there are options ()
Defective product
15 days have not passed	Can be returned with any defects
15 days have passed	Can be returned with significant defects
return period	during warranty
will return the money	within 10 days
What is needed
Russian passport	Necessarily
product	Necessarily
check	not necessary
package	not necessary
legal consultation	desirable()

Returning a low-quality phone

The following circumstances are of fundamental importance when returning a phone:

whether 15 days have passed since the goods were delivered to you;
Is there a warranty for the phone?
if the warranty period is established, whether it has expired;
whether the service life is set on the phone;
If the service life is set, whether it has expired.

Important!

A low-quality phone is a technically complex product and special rules apply when returning it.

Return a phone with defects within 15 days from the date of delivery

Important!

The type of defect and its significance in this case does not matter - you have the right to return the phone with any defects that arose through no fault of yours, if 15 days have not yet passed from the date of delivery and the warranty period has not expired.

The period for returning the phone in this case is during the warranty period | .

Refund period

The refund period for a phone of inadequate quality, for which the warranty period has not expired, is 10 days from the date of submission of the claim | .

to the seller

general passport ();

Important!

Free consultation with a lawyer on returning goods!
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Step 3 | Phone examination

Important!

Step 4 | Going to court

Step 6 | Receiving money

The refund period is 10 days from the date of submission of the claim | ;
when returning the amount paid to the buyer, the seller (authorized person) does not have the right to withhold from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | ;
the buyer has the right to demand compensation for the difference between the price of the phone at the time of purchase and the price at the time of return | ;
if the phone was purchased through a consumer credit (loan), the seller is obliged to return the amount of money paid to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer credit (loan) agreement | .

The costs of returning the phone are borne by the seller (authorized person) | .

Returning a phone with defects during the warranty period

If any deficiencies are discovered, you have the right to:

refuse to fulfill the sales contract and demand a refund of the amount paid for the phone | ;
demand compensation for the difference between the price of the phone established by the contract and the price of the corresponding product at the time of satisfaction of the claim | ;
demand full compensation for losses caused due to the sale of a phone of inadequate quality | .

Important!

the disadvantage is ;

Period during which you can return the product

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The return period for the phone in this case is during the warranty period | .

Refund period

The refund period for a phone of inadequate quality, for which the warranty period has not expired, is 10 days from the date of submission of the claim | .

Who can make a claim?

A demand for refusal to fulfill the contract and return of the paid amount can be made:

to the seller– an organization, regardless of its organizational and legal form, as well as individual entrepreneur selling goods to consumers under a sales contract | ;
an authorized organization or an authorized individual entrepreneur– persons authorized by the manufacturer (seller) to accept and satisfy consumer requirements regarding goods of inadequate quality | .

In addition, you can return a phone of inadequate quality and demand a refund of the amount paid from:

Documents you need to have with you when making a claim

general passport ();
telephone purchase and sale agreement (if available);
commodity or cash receipt, non-cash payment receipt, other document certifying the fact and terms of purchase.

Important!

The absence of a cash or sales receipt or other document certifying the fact and conditions of purchase of the phone in this case is not a basis for refusing to satisfy requests for a refund | .

Who proves the circumstances of the occurrence of defects?

If the phone has a warranty period, the seller (authorized person) is responsible for the phone’s defects unless he proves that they arose:

after handing over the phone to the consumer;
due to consumer violation of the rules for use, storage or transportation of goods, actions of third parties or force majeure.

Thus, the circumstances of the occurrence of defects are proved by the seller (authorized person) | .

Algorithm of actions in the case when the seller (authorized person) agrees to an undisputed refund

Step 1 | negotiations with the seller (authorized person)

In most cases, in order to return the phone back to the seller (authorized person), only your verbal request is required. Many sellers are customer-oriented enough to check for obvious defective goods on the spot and immediately return your money.

If this does not happen, go to Step 2.

Step 2 | Filing a claim (application) for cancellation of the purchase and sale agreement and return of the amount paid

Step 3 | Returning a low-quality phone

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If you refuse to fulfill the phone purchase and sale agreement, the seller (authorized person) has the right to demand that you return the faulty phone.

The costs of returning the phone are borne by the seller (authorized person) | .

Step 4 | Getting money for a low-quality phone

When receiving money, please consider the following:

The refund period is 10 days from the date of submission of the claim | ;
when returning the amount paid to the buyer, the seller (authorized person) does not have the right to withhold from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | ;
the buyer has the right to demand compensation for the difference between the price of the phone at the time of purchase and the price at the time of return | ;
if the phone was purchased through a consumer credit (loan), the seller is obliged to return the amount of money paid to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer credit (loan) agreement | .

Algorithm of actions in the case when the seller (authorized person) does not agree to an undisputed refund

Step 1 | Filing a claim (application) for cancellation of the purchase and sale agreement and return of the amount paid

Step 3 | Phone examination

If, after checking the quality of the product, the seller (authorized person) believes that the consumer is the cause of the phone’s defects, then he (the seller) is obliged to conduct an examination of the phone. Detailed information about the examination can be found on our website.

The period for conducting the examination is 10 days from the date of presentation of the request.
The examination is carried out at the expense of the seller (other authorized person).
The consumer has the right to be present during the examination.

If the consumer does not agree with the expert conclusion, he has the right to challenge it in court.

Important!

if, as a result of the examination of the goods, it is established that its defects arose due to circumstances for which the seller (authorized person) is not responsible, the consumer is obliged to reimburse him for the costs of conducting the examination, as well as the associated costs of storing and transporting the goods | .

Step 4 | Going to court

If the seller (authorized person) does not satisfy your demands pre-trial, you must go to court. Going to court requires legal qualifications, so to conduct a case in court, we recommend turning to professionals.

Step 5 | Enforcement of a court decision

If the seller (authorized person) does not want to voluntarily comply with the court decision, you have the right to choose:

contact the federal bailiff service Russian Federation, which is entrusted with the functions of enforcement of judicial acts;
send the writ of execution to the bank in which the seller (authorized person) has an account.

Step 6 | Receiving money

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When receiving money out of court, the following should be considered:

The refund period is 10 days from the date of submission of the claim | ;
when returning the amount paid to the buyer, the seller (authorized person) does not have the right to withhold from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | ;
the buyer has the right to demand compensation for the difference between the price of the phone at the time of purchase and the price at the time of return | ;
if the phone was purchased through a consumer credit (loan), the seller is obliged to return the amount of money paid to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer credit (loan) agreement | .

In the event of a refund of the amount paid for the phone in court:

the amount of recovery is established in a court decision;
the period and procedure for return are regulated by the legislation on enforcement proceedings.

Step 7 | Returning a low-quality phone

If you refuse to fulfill the contract for the purchase and sale of a telephone, the seller (authorized person) has the right to demand that you return the faulty telephone if it was not provided earlier.

The costs of returning the phone are borne by the seller (authorized person) | .

Returning a defective phone after the warranty period has expired (including when the warranty has not been established), but within 2 years from the date of purchase

You can return the phone even if the warranty period has already expired or has not been established.

If any deficiencies are discovered, you have the right to:

refuse to fulfill the sales contract and demand a refund of the amount paid for the phone | ;
demand compensation for the difference between the price of the phone established by the contract and the price of the corresponding product at the time of satisfaction of the claim | ;
demand full compensation for losses caused due to the sale of a phone of inadequate quality | .

Important!

The type of defect and its significance in this case is of decisive importance - you have the right to return the phone only in the following cases | :

the disadvantage is ;
deadlines for eliminating deficiencies were violated;
it was impossible to use the product during each year of the warranty period for a total of more than thirty days due to the repeated elimination of its various defects.

Period during which you can return the product

The return period for the phone in this case is 2 years from the date of transfer | .

Refund period

The refund period for a phone of inadequate quality for which the warranty period has expired (or if the warranty has not been established) is 10 days from the date of filing the claim | .

Who can make a claim?

A demand for refusal to fulfill the contract and return of the paid amount can be made:

to the seller– an organization, regardless of its organizational and legal form, as well as an individual entrepreneur selling goods to consumers under a sales contract – clause 2 of Art. 18 PDO;
an authorized organization or an authorized individual entrepreneur– persons authorized by the manufacturer (seller) to accept and satisfy consumer requirements regarding goods of inadequate quality - clause. 2 tbsp. 18 PDO.

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In addition, you can return a phone of inadequate quality and demand a refund of the amount paid from:

Documents you need to have with you when making a claim

Who proves the circumstances of the occurrence of defects?

The burden of proof lies with the consumer; he must prove that the defects of the phone arose before it was transferred to the consumer or for reasons that arose before that moment | And .

Algorithm of actions in the case when the seller (authorized person) agrees to an undisputed refund

Step 1 | negotiations with the seller (authorized person)

The first step is to contact the store where you purchased the phone or any other official representative with an explanation of the reason for the defect and an offer for a refund.

Not very often, but it happens that the seller (authorized person) in this case agrees to return the money even after a verbal demand.

Step 2 | Filing a claim (application) for cancellation of the purchase and sale agreement and return of the amount paid

Step 3 | Returning a low-quality phone

If you refuse to fulfill the phone purchase and sale agreement, the seller (authorized person) has the right to demand that you return the faulty phone.

The costs of returning the phone are borne by the seller (authorized person) | .

Step 4 | Getting money for a low-quality phone

When receiving money, please consider the following:

The refund period is 10 days from the date of submission of the claim | ;
when returning the amount paid to the buyer, the seller (authorized person) does not have the right to withhold from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of marketability or similar circumstances | ;
the buyer has the right to demand compensation for the difference between the price of the phone at the time of purchase and the price at the time of return | ;
if the phone was purchased through a consumer credit (loan), the seller is obliged to return the amount of money paid to the consumer, as well as reimburse the interest and other payments paid by the consumer under the consumer credit (loan) agreement | .

Algorithm of actions in the case when the store does not agree to an undisputed refund

Step 1 | Filing a claim (application) for cancellation of the purchase and sale agreement and return of the amount paid

Step 2 | Phone quality check

seller (authorized person) has the right check the quality of the phone. Quality control is carried out according to the rules set out in, in which you will find more detailed information.

The period for quality control is 10 days from the date of submission of the request.
Quality control is carried out at the expense of the seller (other authorized person).
The consumer has the right to participate in checking the quality of the phone.

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If the seller (authorized person) does not want to conduct a quality check, you should proceed to Step 3.

Step 3 | Phone examination

If the seller (authorized person) believes that the consumer is the cause of the phone's defects, the consumer is obliged to conduct an examination of the phone in order to establish that the phone's defects arose before its transfer to the consumer or for reasons that arose before that moment | .

Modern mobile phones differ in functionality, manufacturers and, of course, price. But bad things can happen to any cell phone. It may fail or, more simply put, break.

Many people are probably wondering: what to do if your mobile phone breaks down? Most people probably think that in this case the device can only be returned for warranty repair. And then wait a month and a half for repairs. Moreover, it is far from a fact that after repair the device will not break down again. Some people believe that they need to immediately contact a paid service. Some people think that in such a situation you need to find a small store where the device can be sold cheaply (as if it is faulty). It is also easy to find a buyer for such a device through advertisements in newspapers or on the Internet. And don’t “bother” about it. Well, some people think that a broken device can only be thrown away.

You bought a new phone

Helpful tip: never throw away the papers you received when purchasing a product! They can be very useful to you if the device fails. Of course, according to current law"On the Protection of Consumer Rights" you have the right to use the testimony of witnesses. To prove the fact of purchase of goods if the necessary receipt and coupon are lost. But it’s still much easier and smarter to keep the sales receipt and warranty card. We will assume that you, as a thorough person, took and kept everything that the seller gave out. Thus, you saved your time, as well as your own nerves. We insured ourselves against any possible unpleasant moments regarding the purchase. It is important to know: the completeness of the purchase is no small matter! After all, you may have to return the product back to the store (if it is faulty or broken). Therefore, if the kit includes headphones, do not rush to adapt them for some other device. Also, don’t throw them away if you decide to buy other, better ones. A memory card is included - do not insert it into another device. If you don't like the stylus that comes with the device, don't rush to throw it away. Even if you firmly decided to buy another one. Let the stylus you don’t like just sit in the box. Simply put: always keep everything you receive when you purchase a product.

During the warranty period of the device, you must keep: a) all the papers received upon purchase and b) the complete set of the device.

Most often, the warranty period for cell phones, smartphones and communicators is one year. But it could be more. It's very easy to find out. This information is indicated in the warranty card. If you wish, even before purchasing, you can check the warranty period with the seller.

The phone is broken

So, the phone was purchased. You have kept all the papers that the seller gave you. In the store, as usual, you did not have time to check all the functions of the device. Or they couldn’t, because... They just haven’t figured them out yet. In the evening you studied the device in more detail. And the phone suddenly discovered some kind of flaw. The camera or radio, vibration alert or something else does not work. More often than not, such a nuisance does not happen immediately. And it happens a month or even six months after the purchase. It doesn't matter when exactly it happened. It is important that it occurred during the warranty period of the device! And you yourself did not contribute to this in any way. Those. did not violate the terms of the warranty agreement. You did not cause mechanical damage, the device was not exposed to high humidity, etc. You can study these warranty conditions in detail in the instructions for the device.

All such unpleasant situations can be summarized by the following phrase: the device has a significant drawback. Don't worry! Nothing bad happened. You, as a consumer, have certain rights! They are assigned to the buyer in a special law “On the Protection of Consumer Rights”.

Of course, to exercise your rights you will need to work a little. But believe me, it's worth it. Unless, of course, the money you paid for the phone is not extra for you. You just need to exercise your legal rights wisely.

What to do?

Let's consider the order of your actions in such a situation.

Among the papers received upon purchase, we will be interested in the sales receipt and warranty card. Today, in addition to the main guarantee, the buyer is often offered to purchase an additional one. It entitles you to one more year (or even two) of additional warranty service. If the main guarantee has already expired, and the additional one is still valid, you still have exactly the same rights. This is important to know and understand!

So, we make two copies of the sales receipt and the warranty card (if there is an additional guarantee, also two copies). Then we draw up a claim (application) addressed to the general or executive director of the company (store). The surname and initials of this person will have to be checked in the store. If such information is missing on the check. In this claim (statement) we describe the current situation. The form of the document is arbitrary. Here is one of possible options writing a complaint like this:

General Director of Ivanov-Center LLC,
Ivanov I.I.
from citizen Petrov P.P.,
residing at:
Moscow, Moskovsky pr-t, 111, apt. 11,
cont. tel: 8-951-888-88-88

CLAIM

On August 8, 2010, in your store I purchased a product name (cell phone, smartphone or communicator) “Brand, full name of the device” (serial number IMEI: 123456789101112) worth 8,888 rubles. 00 kop. (eight thousand eight hundred eighty-eight rubles), which is confirmed by a sales receipt (a copy of the receipt is attached). During operation of the device, it was revealed next drawback: a shortcoming is described (for example: sound, vibration alert or camera does not work). The warranty period for the device has not expired to this day, which is confirmed by the warranty card (a copy of the card is attached).

I believe that I was sold a low-quality product, therefore, guided by Art. 4, 18, 19, 22, 23 of the Law of the Russian Federation “On the Protection of Consumer Rights”, I demand to terminate the sales contract and return the amount of money paid for a cell phone (smartphone or communicator) “Brand, full name of the device” in the amount of 8,888 rubles . 00 kop. (eight thousand eight hundred eighty eight rubles) within 10 days.

I warn you that for each day of delay in fulfilling my demands over 10 days from the date of filing this claim, you are obliged to pay me a voluntary penalty in the amount of 1% of the cost of the goods.

In case of refusal to satisfy my legal demand, I reserve the right to file a claim in court, where I will ask you to oblige you to satisfy my legal demands, compensate me for the moral damage caused and collect from you a fine to the federal budget in the amount of 50% of the claim for failure to comply with the voluntary procedure for satisfying my requirements.

Applications:
Copy of sales receipt
Copy of warranty card

Signature_____ /Petrov P.P./

This claim must be printed in two copies. It is necessary to prepare two identical sets of documents: a claim, a copy of the sales receipt, a copy of the warranty card. Keep all original documents at home! After all, in case of refusal to satisfy your legal demand, they will be required in court. Although this scenario is not at all beneficial for the store. This is a completely extreme case. Such a development of events does not occur often in practice. Although sometimes this also happens (more often in small stores).

In the text of this claim, you can include a clause regarding your presence when checking the quality of the goods. After all, according to the law, the buyer has the right to personally participate in this procedure (examination). If he so desires. And if the buyer does not agree with the experts’ decision, he has the right to challenge it. True, for this you will have to conduct an independent examination (you will have to pay for it personally). And you will need to prove your case in court. However, if the court rules in favor of the buyer, all his expenses will be paid by the store! This will include: the price of the purchased goods, the cost of an independent examination, and the services of a lawyer. Also, according to the court's decision, the store will most likely have to compensate for some moral damage. Which was caused to the buyer. And all this is in no way in the interests of the store.

If you want to participate in checking the quality of the product, please add the appropriate item to the claim. It might look like this:

If a decision is made to conduct a quality check (examination), I ask you to inform me in advance in writing about the place and time of its conduct in order to exercise my right to participate in the inspection or examination of the goods.

Don't be afraid that this point looks so boring. This is fine. That's how it's supposed to be. However, this item is not required. This is your personal right. After all, if necessary, you can always conduct an independent examination. To do this, it is not at all necessary to attend the examination conducted by the store. However, if you have free time and want to see everything with your own eyes, feel free to add this item.

You may wish to exchange the faulty item for the same or similar item. Don't demand a refund. Then the main text (demand) of the claim you submit may look like this:

In accordance with Article 18 of the Law of the Russian Federation “On the Protection of Consumer Rights,” I ask you to replace the name of the product (cell phone, smartphone or communicator) with “Brand, full name of the device” (serial number IMEI: 123456789101112) worth 8,888 rubles. 00 kop. (eight thousand eight hundred eighty-eight rubles) of inadequate quality for the name of a product of the same brand and model or for the name of a product of a different brand (model) with a corresponding recalculation of the purchase price.

If you need more than seven days to replace the goods, then in accordance with Art. 21 of the Law of the Russian Federation “On the Protection of Consumer Rights”, I ask you to provide me, within three days, free of charge for the duration of the repair, with a device (or name of the product) that has the same basic consumer properties, providing delivery at your own expense.

The structure of the claim itself does not change. After all, in this case you are simply putting forward another requirement.

Don’t be confused by the clause about providing “a device with the same basic consumer properties.” This requirement is absolutely legal! It entitles you to receive a replacement device. For temporary use until the product you need arrives at the store. There is no limit to the time it takes for the required product to arrive. Maximum – one month. If you do not need a replacement device, simply do not indicate this requirement in the claim. Most often, the replacement stock of stores is very limited. Therefore, you should not expect that you will be offered a truly worthy replacement. Most likely, it will be some kind of inexpensive phone with which you can make calls and send SMS.

So, taking all the papers and the device (fully equipped), you go to the store. You hand over both sets of documents to the seller (claim, copies of the sales receipt and warranty card). He must keep one set for himself. On the other, you must put the store’s seal and your signature. And he must do this! Ask him persistently for this. The seller must give you a signed set of documents with the store’s seal. Take these certified documents with you and don’t lose them. The seller may inspect the machine before accepting and signing your papers. Perhaps he will check whether the device has the flaw you claim. But the seller cannot give an official conclusion about the performance of the device! He is not an expert. Most likely, he will simply ask you to provide the device fully equipped. At the same time, he will issue a special paper - an inventory. It will indicate everything that was accepted from you (phone, memory card, headphones, stylus, etc.). The store will then send the device to a specialized service center. Where the expert will write his conclusion. It will indicate whether the device actually has the specified defect. It will also determine whether this is a warranty case. Or the operating conditions of the product were violated. If the expert’s conclusion contradicts the truth, you can easily turn to an independent expert. In this case, it is she who will give the final conclusion.

What to demand "better"?

Know: you decide for yourself what demand to put forward in your claim (application). Of course, if the defect in the product is not your fault. It is up to you to choose what is best for you. Exchange the phone for the same or another (with appropriate recalculation), or receive money. You can insist on a refund of the full amount of money paid for the device. This is your legal right. Although stores are not always willing to accept this scenario. But you can get your money back! Even if you have to go to the store two or three times for this. It is usually easier to exchange a phone for another (or the same) one. Store employees are much more willing to accept such a development.

In addition to the requirements considered (refund of money and replacement of the device), you can present others. For example, demand reimbursement of costs for eliminating product defects or proportionately reduce the price of the device. However, these requirements are made much less frequently. Because they are less interesting to consumers themselves. You can learn more about all the rights in the Law “On the Protection of Consumer Rights” No. 234-FZ. Latest changes and additions to it were made on November 23, 2009.

About the timing or how long to wait?

This is important to know

A cell phone is a so-called technically complex product (TCT). But only if it is completely intact. This is important! The seller may try to refuse to exchange the device or return your money. I affirm that a cell phone is a TST. But a faulty TST device does not count! Just like a device that has some kind of drawback.

It happens that another unpleasant situation happens. You submitted the device for warranty repair. It was repaired and returned to you. And it broke again. So, you are not obliged to return the device for warranty repairs an infinite number of times. If the same malfunction occurs again, feel free to return the product to the seller. And write a claim for a refund or exchange of goods.

Before carrying out any of the actions discussed, it will be useful to know the following. It doesn’t matter at all what exactly the defect in the device is: some buttons cannot be pressed, the display goes out for no reason, the vibration alert or sound does not work. It is important that you yourself did not violate the rules for operating the device (warranty agreement). The device has no mechanical damage, has not been subjected to a makeshift (unofficial) “flashing”, etc. Those. you did not violate the rules for operating the device. If it’s your own fault, you’ll have to turn to a paid service.

Conclusion

If your mobile phone is broken and is under warranty, do not rush to send it in for repair. After all, it will most likely take a long time to wait for it to end. Also, do not rush to return the device for paid repairs or sell it as faulty. You have every right to replace the device with a new one. Or get money. It only takes a little time to do this. To do this, you just need to know your rights and use them wisely. I hope the tips presented in this article will help you with this.

Good luck with your shopping and as little disappointment as possible in the purchased goods!