Can I return my phone

Can I return my phone: conditions for returning it

We often buy new smartphones because the old ones fail. But what if your recent purchase turns out to be faulty or malfunctioning?? Roskatchestvo experts tell us.

The consumer’s right to return the goods of improper quality to the seller is fixed in the law “On Protection of Consumer Rights”. But cell phones, smartphones are technically complex devices, so they are also subject to specific rules (Decree of the Government of 31.12.2020 463). Article 18 of the law “On Protection of Consumer Rights” establishes the obligation of the seller to accept the goods of improper quality and, if necessary, carry out quality control of the goods (diagnostics). The consumer has the right to participate in such a quality control.

Can I return my phone within 14 days??

And so, the return of a smartphone within 14 days, if it has flaws, is possible, based on paragraph 1 of Article 18 of the “Law on Protection of Consumer Rights. This clause says that the return or exchange of low-quality technically complex goods is possible within 15 days from the date of purchase.

According to Article 25 of the Consumer Protection Law, you can exchange or return non-food items in good working order within 14 days of purchase, if the item has not been in use and is not included in the list of goods that cannot be exchanged (hygiene products, goods of a complex category.

Can I get my money back for my phone?

Is it possible to return, exchange a working cell phone to the store St. 25 of the Law “On Protection of Consumer Rights” allows you to exchange or return a product you do not like within 14 days from the date of purchase. However, the law specifies a list of goods that can not be returned and exchanged if they are serviceable.

Thus, smartphones are technically complex items that can not be exchanged or returned if less than 14 days have passed. That is, to return the phone to Svyaznoy, as some clothes, if you did not like the color, shape or equipment. you can not by law.

How to return in serviceable cellular phone to a store

Many stores specify that goods sold at a discount are not exchangeable or returnable. However, such statements have no legal force and are unlawful. ZOFPP regulates that the return of discounted goods is impossible only in the following cases:

The buyer can demand a full refund, a price reduction or an exchange for an identical product. If a defect is detected, the store must provide free repair.

There can be difficulties with return of the new serviceable phone, as there is a list of goods which are not exchangeable in the ZOPPP. In this list are phones with touch screens, as they are considered to be technically complex devices. However it is possible to exchange or return a cell phone in case you comply with the following conditions:

  • The seals and labels are intact and undamaged.
  • Have documentation on hand that proves the price and the exact date of purchase.
  • The smartphone is in perfect condition with no obvious signs of use.
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When returning a working phone, it is important to comply with the deadlines and have the documents confirming the fact of purchase.

If the phone was purchased on credit, it is quite possible to return it back to the store, as buyer’s rights are protected by the Law of Consumer Protection. To return a cell phone purchased less than two weeks ago, you must:

  • Go to the branch of the bank that gave the credit and get an abstract with information about payments and remaining debts.
  • To bring in store phone in complete set, as well as the receipt confirming purchase, bank statement and the passport.
  • Draw up an application for return and give it to the administration of the outlet. The claim must be made in two copies, one of which must be kept.

An official response must be provided within 10 days of filing the application. It is important to fix the date of application, because dishonest salespeople can intentionally drag out the process of problem solution. It is necessary to turn to a senior employee or responsible person so that he put a mark of the fact of registration of the request.

Often stores take advantage of customers’ legal illiteracy and mislead them by claiming that the latter have no right to return a cell phone because it belongs to the category of non-returnable goods, and the buyer can only count on warranty repairs. But this is not exactly the case. The federal law “About consumer protection” gives the buyer the right to return the cell phone within fourteen days from the date of purchase of the device, provided that it was of poor quality or has a significant defect. It is possible to return the mobile device in a store even in that case if the buyer didn’t keep the cash or commodity receipt on the purchase.

The most important condition is to hand over the phone in the form in which it was purchased with the presence of all seals and labels, with preservation of packaging, trade appearance and equipment.

Whether it is possible to return the cellular phone back to a store during 14 days ? There is no consensus about whether the phone is a technically complex product or not. In accordance with the letter “About the exchange of cell phones” Rospotrebnadzor, cell phones are not products that can not be exchanged within 14 days.

The provisions of the law on ZPP

So, a typical situation: the buyer brings the phone, wants to return it and get the money, but the seller refuses to do it. The reason. the purchase was made on credit, which has not yet been repaid. The store’s offer. only exchange.

In this case the seller breaks the law, deliberately deceives the buyer. To be sure of this, it is enough to repeat the claim in a written complaint. The answer will be different. To return the phone on credit, the main thing is not the loan itself, but the reason of return. The Consumer Protection Act (CPA) provides several grounds for returning non-food items:

  • The purchase did not fit for subjective reasons: size, shape, color, etc.п. (art.Art.25, 26.1);
  • A device of improper quality (Art.18);
  • The right on information is infringed (art.Art. 8-10, 12).

Since the phone is included in the list of nonfoods that are not subject to exchange, if they are in proper condition, the first reason partially does not fit. There are two reasons for this:

  • Not all vendors or judges believe this list mentions phones.
  • Purchases made through an online store allow an exchange of any non-food item within 7 days.

In order to establish whether a purchased cell phone is faulty, it has to be submitted for examination. If the claim occurred within 15 days after purchase, the phone of improper quality can be exchanged, refunded or reduced in price.

If in the course of operation the consumer finds that his information rights have been violated, he also has the right to return the phone and get money back. But legally it is proved with an incomplete package. there is no exhaustive instruction in Russian. Another option is to determine that the phone is counterfeit. In both cases, you can request a refund.

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These are the basic provisions of the Consumer Protection Act. Returns, exchanges and repairs depend on the following:

To return the phone on a loan or installment plan is similar to other purchases made without borrowed funds. Some peculiarities appear during the return procedure itself. However, the seller has no right to refuse it solely on the basis of the existence of the buyer’s obligations to the lender.

Goods taken in installments (credit)

It is necessary to distinguish between credit and installment. In the first case, the buyer’s obligations arise to the bank, in the second. to the store. This is a significant difference, which affects the further order of action.

In these situations will have to be guided by the provisions of Art.24 ZOPP. They specify that if the goods, which were purchased on credit, is returned, the buyer:

  • The amount that he had time to pay on obligations to the lender, including the cost of the loan (interest), is paid;
  • The money is not returned, if in exchange he receives similar goods (the same brand and model of phone).

This is relevant to transactions made in online stores that allow you to buy phones on credit. As stated above, within 7 days they can return the cell phone for subjective reasons. You’ll get your money back, but without the interest.

Can I return the headphones to the store within 14 days??

Hence, the headphones, which are of appropriate quality, are exchanged within 14 days excluding the day of purchase on the basis of Art. 25 ZOPP (if the seller hasn’t got the goods suitable for exchange on the day of application, the consumer has the right to demand the return of the sum of money paid for the given goods).

In accordance with the provisions of Law 300-1 of 07.02.1992 г. “The buyer within 14 days excluding the day of purchase has the right to exchange the goods of proper quality for a similar good of another size, form, dimension, style, color or completeness.

Can I return a phone bought on credit, and within what time frame??

Whether and how to return the phone taken on credit? Can I return the smartphone, bought by installments, within 14 days if I don’t like it? Can I return a phone bought on credit and within what terms?? The answers to these questions will vary depending on whether the phone is working or not:

  • If the phone is in working condition, you need either to negotiate with the seller “amicably” or rely on the fact that full information about the product was not made available to the consumer prior to purchase
  • If the phone is defective. you can return it to the seller within 15 days (or within 2 years from the date of purchase if it can not be repaired or if there are significant deficiencies)

If the phone was bought on credit (installment payment) and it works, you won’t be able to exchange it or return it to the seller without giving a reason or just because you didn’t like it. С. 25 Law of February 7, 1992 300-I “On Protection of Consumer Rights” (ZOPP) prohibits the exchange and return of serviceable technically complex goods (smartphones, phones).

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Is it really possible to return?

It is possible to return a phone on credit or by installment. So, if it was purchased in a store and the payment was divided into 3, 6 or 10 payments, the consumer claims the full amount that has already been paid. He won’t get the full price of the phone back if the installment has not been paid yet.

If under the terms of the contract with the seller the buyer also paid interest, when returning a faulty phone it is returned along with the rest of the sum.

The algorithm of actions is as follows:

  • It is necessary to make a claim, which specifies the reason for the return, the requirement to return the amount paid by installments and interest (if they were accrued).
  • Hand over the appeal against signature on the second copy to the responsible person in the store.
  • Together with the claim to hand over the phone under the acceptance act, in which to describe in detail the state of the device.
  • After 10 days, ask about the outcome of the claim.
  • If the requirements are denied or the answer is not ready, make a complaint to the regulatory authorities.
  • Consider whether to file a lawsuit in court.

The last point suggests that during the pre-trial dispute new circumstances will arise that may make further proceedings pointless. For example, during the examination, the expert will establish that the phone was damaged during improper use. And it deprives the buyer of the right to exchange or refund.

Further appeals to supervisory authorities, authorized service center (ASC) will only confirm this conclusion. Another option. after contacting Rospotrebnadzor the store satisfies the buyer’s claims in full, no need to go to court.

The procedure for surrendering an apparatus purchased through a loan

In case of the drawn credit for the phone, the procedure of refund partially repeats the above described algorithm. The difference arises when the store in response to the claim returns the money. After that, the buyer:

  • Appeals to the creditor and repays the debt, fulfilling his obligations ahead of time. In this case, the missing amount will have to pay at his own expense.
  • Requires a certificate from the bank, which indicates the amount of interest, as well as the fact of full repayment of the loan.
  • Drafts a second claim to the store, in which he demands compensation for the interest paid on the loan.
  • Gives the appeal to the seller in the same way as the first claim.
  • After 10 days clarifies the result of the claim.

If the demands are not met, the buyer can file a lawsuit in court. In addition to the funds specified in the claim, he may demand payment of a penalty (1% of the requested amount for each day of delay), as well as compensation for moral damages. In addition, the court may impose a fine for violation of the rules of the ZOPP.