Can I return the phone within 14 days??
Hello, in this article we will try to answer the question: “Is it possible to return a smartphone within 14 days?”. You can also consult with lawyers online for free right on the site.
It is essential to know the specifics of warranty service in order to understand whether there is a legal possibility to return a cellular means of communication under warranty.
So, the warranty period is a specific period during which the manufacturer guarantees quality work and full serviceability of the phone. If you discover any defects, the appliance can be returned for repair, which will be free of charge if the fault is covered by the warranty.
Please note! The warranty period cannot be standard. It is set personally by the manufacturer for each piece, depending on its features and functionality. In some cases there is no such provision, in which case the seller personally establishes the warranty period and issues a written commitment to the buyer.
When issuing the warranty sheet, you need to pay attention to a number of limitations:
- The guarantee can only be given for communication equipment that has been legally imported, i.e. that it has been purchased by the purchaser at the dealer’s service center. Such stores usually operate in different cities with the aim of consulting customers, selling products, as well as providing spare parts for broken phones (if the breakage is included in the warranty) at the expense of the manufacturer.
If the goods were imported into the country under the “gray” scheme, which is easy to check on the labeling of the product, the warranty on the product will not be provided.
Cell phone. a technically complex product or not?
This time we will begin our discussion not just with the terminology, but with the wording and concepts that at first glance are indirectly related to the topic. However, they should not be neglected, t.к. It is from this data that everything that follows will basically flow.
- There is a concept of “technically complex goods”, a list of which is approved by Government Decree 24 (hereinafter PP 24).
- Among other things, in paragraph 6 of this Resolution there are “wireless communication devices for household use”.6 of this decree specifies the device “wireless communication for household use”.
The first answer: cell phones, cell phones (smartphones). in this case are synonyms. are technically complex products on the basis of PP 24.
Why this excursus to the law? To answer the main question of this article. Let’s go to it.
How to return money for phone?
The most popular question among cell phone buyers is how to return a mobile device to the store and get your money back? After all, you can choose another product for the money you received in another store. It is unrealistic to get money back for faulty equipment, unless the seller turns out to be very kind. In the case of a faulty phone, it’s much easier.
However, if there is a clause in your purchase contract which says that you can’t get money back for the product you bought, you can only exchange it or have it repaired in accordance with the warranty certificate. That is why it is worth finding out about it beforehand.
About Consumer Rights Protection When Buying a Cell Phone.
Returning a cell phone is a realistic procedure, as evidenced by consumer protection laws.
If after buying a device you found defects in it, a marriage, there are all chances to return it to the seller, and for this you must necessarily know your own rights. There are 14 days for these procedures, not counting the day of purchase.
And the law says that the return can be done even if the receipt for the phone is lost.
Government Decree 5 also has a list of items that can neither be exchanged nor returned. This includes telephone sets that are in good working order (as amended).
The list of goods of proper quality, which are not subject to return or exchange (see Decrees 222, 81), in the list of goods that are not subject to return or exchange (see the “list of goods of proper quality, which are not subject to return and exchange”). 1). On the basis of Decree 24 item.6 These product items are included in the list of the most complex devices.
Therefore, it turns out that such a step is not possible.
If the telephone set you have bought the day before is not suitable for you for any reason (use of the keys is uncomfortable, you do not like the equipment, the camera is of insufficient quality, etc.), you will not be able to return it to your place of purchase. д.), which is governed by the legislation in question (Consumer Protection Act). But here it is impossible to include technically complex goods.
Usually they have appropriate warranty periods, so return transactions can only be made on the basis of malfunctions.
From the point of view of the law, classifying telephone devices as technically complex units is extremely ambiguous. Sellers give a lot of reasons why phones can’t be exchanged. But if you have information about the technical nuances of this issue, you can challenge any assurances. Nobody cancelled also amicable ways of returning a cell phone back to the store.
To make it easier for the buyer to navigate in the question of returning the phone, it is worth examining several positive cases of court decisions.
For example, to pass the unit during 14 possible in the case if during its sale you were misled and received incomplete information about it. But it will have to prove it, using the testimony of witnesses.
Preferably, they should be given by strangers or, at most, friends, not relatives.
The return of the phone within 14 days can also be carried out in a situation when there was no instruction to the device, or it is drawn up in a foreign language, is incomplete. This is a direct violation of Article 10. 2nd clause. the law on protection of buyer’s rights.
If the purchase turned out to be of poor quality, its return within 14 days is not very difficult, the main thing is to be aware of a few fundamental rules:
- the period is set at 10 days from the date of submission of the claim;
- return actions can be carried out throughout the warranty period if a defect is detected;
- The seller can assure that the phone is related to the list of highly technical goods, but here Article 18 is relevant. The 2nd clause of the law on protection of buyer’s rights;
- The procedure of registration of return of the phone within 14 days is accompanied by a written claim, which must necessarily contain a signature on the delivery;
- If the phone is returned within the warranty period, this means that the seller proves the illegality of the buyer’s claims, and if this time has come to an end, the evidence is the full responsibility of the buyer.
If the gadget was found to have significant defects, defects, marriage, the consumer under the law is entitled to the following measures:
- Making a refund;
- exchanging a faulty device;
- carrying out repair measures;
- Decrease in the value of the device.
Return of technical devices can only be made if certain conditions are met by the buyer:
- it has a significant defect;
- there are certain violations of the terms of repair under warranty (if returned within 45 days);
- the phone is under warranty repair for more than 30 days in each year due to repeated repairs.
If the phone breaks down or is found to be nonconforming within 14 days of purchase, the buyer can refuse the offer to repair it, opting instead for a new replacement or refund. Thus, the return of a defective device is possible, as evidenced by the current legislation.
Due to the availability of credit money and the high cost of modern phones, many people do not buy them using their own savings, but with credit funds or by installment.
In fairness it should be noted that the return of such goods within 14 days is difficult, because you will have to collect a whole “bouquet” of information and documents.
If there is an obvious defect that comes to light during the first days of using the phone (that is, when no contributions have yet been made to the bank), you should notify the lender immediately and draw up a loan waiver, returning the device to the store.
Since defects are most often detected during the first days of using the phone, the sequence of the parties is simple and straightforward. Each of your steps should have support in the form of appropriate documentation.
The store will then have to refund the bank all the money that was provided, and you will be relieved of the credit burden.
If you don’t like your credit equipment, you can’t count on getting it back within 14 days or an exchange.
Only if the technical accessories are faulty or defective can the user expect a refund or exchange within 14 days. The procedure for this is as follows.
- Forming a verbal appeal to the retailer with the appropriate requirement. If it was not enough, you can write a complaint to the management.
- The store must write a clear answer to your claim and provide it within no more than 10 days. During this time, the claim will either be satisfied, or an independent expert examination will be appointed to determine the cause of the defective phone.
- If it has been expertly proven that the defect was the fault of the buyer, the store will demand that he reimburse all the costs of the procedure. If there are any doubts, this will require an additional examination.
- If the parties never come to a mutual agreement, a lawsuit is filed in court with the transaction documents attached.
Returning a cell phone within 14 days according to the law
It doesn’t matter how much the phone costs, it can be defective. After examining the smartphone it may turn out to be a bad investment, because the device is faulty. Detected defects can be expressed:
If your phone is under warranty, you must take it to the store. On your own do not need to open or attempt to repair. After visual inspection, the seller can offer you to take the smartphone to the service center yourself. It is not necessary to do this. You can refer to the law on the protection of consumer rights, which does not contain such a requirement. Don’t forget that the law spells out how many days a store is given to resolve a problem.
Before you apply to the store, you need to make sure that the cause of the failure was not your fault, because then you can’t get a refund for a defective phone.
Sometimes there is a situation when customers hide the fact that they themselves broke the apparatus. In the course of diagnostics it will become known, which means you will have to pay money for the repair. A possible defect is detected within a few hours.
Another nuance can be considered a rapid discharge of the battery. In this case the store and the service center will refuse to replace the battery. You’ll have to buy it with your own money.
After receiving the conclusion about the defectiveness of the goods, demand to provide you with a similar model of the device or pay monetary compensation. The firm has no right to refuse you any of these claims. 6 If the term of the examination and repair has exceeded 45 days, write a claim. Require a representative of the company to read it and put his signature.
Make a copy of the document and give the original to the store employee. 7 Remember that you’re entitled to claim 1 for every day of delay in giving back the repaired product or its equivalent.5% of its value. Т.е. If the repair lasts 75 days, you should get your cell phone and a cash refund of 45% of its value. 8 Do not get into a conflict with the store employees without an absolute necessity. Most firms are happy to meet the customer needs and try to solve the problem as quickly as possible.
The main problem when considering a phone return is a lack of legal literacy and knowledge of the Consumer Protection Law. That’s why customers don’t know when they can ask for a refund or exchange the phone for a different device. In turn, shopkeepers themselves allow violations, which provide grounds for the cancellation of the transaction-sale, the initiation of inspections by the regulatory authorities.
Both the first and the second need to pay attention to the fact that telephones are included in the list of goods that are not subject to exchange, if they are in working order and without defects. This means that they cannot be exchanged based on:
- Art.25. exchange within 14 days for a similar product or refund due to the lack of a device for exchange;
- Art.26.1. The same action for purchases in the online store, but within 7 days.
This list was adopted in 1998, when technically complex devices appeared on the list of purchases that are not exchangeable. And if there were questions and doubts as to whether the phone is considered as such a device, in 2011 the list was supplemented by other goods that:
Together, at least two characteristics do not allow the phone to be returned. It is a technically complex device and is used for wireless communication, which is intended for household purposes.
For exchange remain the grounds provided by Art.Article. 8-10, 12, 18 of the Act. They allow you to return the phone if:
Each of the bases demands presentation of the proof on the part of the buyer.
How to return or exchange a cellular phone?
7 and 14 days to return a device that is in proper condition is allowed only if the court or the store:
Count exclusively on it it is not necessary, such approach is met from year to year all seldom. The faulty phone can be replaced within 15 days, if the defect is minor, or throughout the warranty period, in the case of
- It reveals a significant defect;
- The deadline for correcting the defect has been violated;
- If the device has been repaired for more than 30 days during the one year warranty period.
The maximum repair period allowed by the law should not exceed 45 days. Exception. the seller and the buyer have entered into an additional agreement that allows an extension of time to fix the defect. The specified 30 days for repair within one year when the warranty was valid, can be more than one term. That is, if the consumer gave the phone for repair twice during this period, and it took 15 and 16 days to fix the defects respectively, he is entitled to an exchange or refund.
To start returning the phone, you need to determine the reason, as well as the seller’s policy. The latter can be established by going to the forums, the corporate website, in which consumers share their impressions regarding purchases at this store. A brief analysis, carried out within 10-20 minutes, will give an idea of the prospects of return, on what basis it can be made.
Consider the case when the seller is not disposed to make concessions to the buyer. If the phone is good quality and the store refuses to exchange it or refund the money for it, the law is on his side. In this case, you will have to use other grounds for exchange or refund:
Despite the fact that every year in Russia sells more than 1 million fake famous brands, the number of phones in them is about 50 thousand. This is not much, because for the same calendar year in our country sold about 27 million phones. The chance of getting a counterfeit cell phone is 0.2%. But this is the official statistics, the real picture can be worse, it varies from year to year.
Nevertheless if you check the IMEI of the phone number using the online service, and it says that the device doesn’t exist or can’t be used on the territory of the country, you can easily demand a refund. In other cases, you have to rely on the violated right to information of the buyer. It can be confirmed, as indicated above, by the insufficient instruction or its absence.
In addition to the phone itself, charger and other accessories, the phone package necessarily includes a manual.
We start by checking the receipt, the receipt, the contract of sale. If the documents do not indicate the instruction, this already gives reason to argue that it did not exist and the consumer’s rights to information are violated. But its presence does not mean that all rules of law are observed. Signs of their violation are indicated above.
After that, a claim is made to the store. To submit it can be:
Depending on the requirements, the deadline for response is set, taking into account the postage. If it is a replacement, it must be done within 20 days. In the case where the buyer requires a loan of a similar device, the store has 3 days to refuse or satisfy the request, if the repair requires more than 7 days.
As indicated at the very beginning, in 2017 only in Rospotrebnadzor was filed 432 thousand. complaints. This institution is directly involved in consumer protection. The received complaint provides the grounds for the inspection. If the information is confirmed, the store can be fined up to 500 tenge.р. The other instance is the consumer protection departments that function under local administrations.
The same complaints are submitted to both institutions, describing the circumstances of the treatment and the offence by the store. If you discover a counterfeit phone, you can file a complaint to the prosecutor’s office, customs and police. In such cases people turn to the court:
Lawyers recommend that you carefully consider the purchase of expensive electronics, particularly. phones. The law protects not only the rights of consumers, but also the rights of sellers, preventing unfair behavior by both parties. It is difficult to return a working cell phone, especially if the store does not meet the customer’s expectations and complies with all the requirements for the sale of goods. In each specific case, you can further consult with a legal expert.
The law “About consumer protection” gives the right to the seller to refuse to return the cell phone of proper quality as technically complex goods. However, within 14 days, the buyer may contact the seller and ask for a replacement of such goods. You can ask for a replacement of the same product or for any other product with reimbursement of its cost.
You can get a full refund within these 14 days in 2 cases.
- If the seller does not have the goods for replacement of adequate quality
- If the seller is not able to provide a replacement, and the goods are in stock
In this case the goods must meet a number of conditions:
- The product has not been used
- Goods are preserved in good condition and packaging
- The tags and seals are not broken
- Cash or sales receipts
Is it possible to return the cell phone of proper quality
Q: A customer approached the seller of a product and filed a claim for termination of the contract of retail sale of the product (a cell phone with a touch screen). 10 days have passed since the customer purchased the product, the product was not in use and there is a cash register receipt. Whether the seller is obliged to satisfy the buyer’s demands (return the money paid to the consumer for the goods)?
Answer: The seller has the legal right to refuse the buyer’s claim for termination of the contract.
In accordance with the clause. 1. 3 Art. 28 of the Law on Protection of Consumer Rights, which regulates the return and exchange of goods of proper quality, the consumer has the right to return the goods of proper quality or exchange it for a similar product within 14 days, if the following conditions are met:
Technically complex household goods of proper quality (electrical household machines and appliances, telecommunication equipment for household purposes, which has two or more functions and has a touch screen or software controls, watches, etc.), and other similar items.), which have a warranty period and in the technical passport (the document substituting it) which has a mark of the date of sale, are not subject to exchange and return.
According to the List of retail and wholesale goods, the product “phones, phones for cellular or other wireless communication” is included in the group “telecommunications equipment” class “nonfood items.
In view of the above, the cell phone (smartphone) refers to technically complex household goods; a cell phone of proper quality (without significant defects or other deficiencies) is not subject to return or replacement.
The instruction, if they refuse to give back money
Sometimes sellers use their clients’ legal illiteracy and refuse to return money for low-quality goods. In this case it is necessary to act as follows.
Step 1. If you can not resolve the issue with words, then you should send a written complaint to the store. It may be needed in court in the future.
Usually such a document is drawn up in any form addressed to the director of the store. It must include the following information:
- Information about the salesperson (full name and address of the shop) and the customer’s personal data (name, address and telephone number).
- Document Name.
- The date of purchase, the name and serial number of the phone, and its value.
- The nature of the defect and the time after which it occurred.
- Demand a refund or replacement of the faulty cell phone. It is recommended to specify the reference to a corresponding norm of the law “About ZPP”.
In addition, the claim should be accompanied by a receipt, as well as the warranty card.
Step 2. if the store continues to ignore the demand for a return or exchange of a substandard product, the next step is to seek help from Rospotrebnadzor (a government agency responsible for the protection of consumer rights). For this purpose, it is necessary to draw up a corresponding application, in which the essence of the problem should be described in detail.
Step 3. According to the complaint received, Rospotrebnadzor specialists will have to conduct an inspection of the mobile phone shop, where the phone was purchased, and take specific measures.
On the subject of how to file a complaint to Rospotrebnadzor, a special material has been prepared. we advise you to read.
Step 4. if the appeal to the consumer protection authority has not brought the proper result, then the next instance to which the customer can appeal is the court. To do this, it is necessary to prepare a statement of claim and attach the following documents: