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Is it possible to return a mobile phone if you don't like it. Phone exchange, how to exchange a phone in a store for a new one

Often, after purchasing any goods from a store, we are faced with the problem of not meeting our expectations or quality criteria. Cell phones undoubtedly also belong to such goods, since the description often read and seen on advertising brochures often does not correspond to reality, or the purchase has a defect or a technical flaw.

Fortunately for ordinary buyers, in accordance with Article 25 of the Law "On Protection of Consumer Rights", you have the right to return a cell phone to the store within 14 days, in case of detection of inadequate quality, malfunction or marriage.

Mobile phone return and exchange under consumer protection law

To exchange non-food products, you need to know the basic requirements:

No more than 14 days have passed since the purchase, excluding the day of purchase of the product;
The external presentation, packaging, purchase receipts, which confirm the purchase, have been preserved;
The mobile gadget is of inadequate quality or has a manufacturing defect.

In the Civil Code of the Russian Federation, there is article No. 502 and article No. 25 of the Law "On Protection of Consumer Rights", thanks to which the consumer has the right to return a cell phone, if it is found to be defective, to the point of sale where it was purchased. This law regulates the most frequent disagreements between buyers and sellers, to protect the rights of both one and the other, and to improve the quality of services. The details on how to return the phone to the store are described.

Return of a cell phone in case of malfunction within 14 days is law.

Article 18 of the Law "On Protection of Consumer Rights" gives the client the right to return the cell phone if a defect is found, and he has the right to demand from the store to exchange the defective device.

Also, if the buyer or seller does not want to exchange, it is possible to repair the cellular device at the expense of the store, and also simply reduce the price in order to achieve a mutually beneficial deal. Moreover, the malfunction does not have to be technically difficult or, in principle, not correctable, we are talking about any shortcoming of the device.

The law on the return of a cell phone of inadequate quality.

Guided by the same articles of consumer protection laws, if an inadequate quality of a cellular device is identified, the buyer has the right to contact the store where this product was purchased. In the store, you can make demands for an exchange for a working product, a free repair service or a refund of the amount spent. Even after the expiration of a period of 14 days, the buyer has the right to return the device under warranty if:

A significant flaw has been identified in the cell phone;
Violation of the terms assigned for the repair of the device (over 45 days);
More than 30 days for repairs, with repeated works.

If at least one of the reasons is the same for you, you can confidently contact the store and demand a replacement, and according to the law, the seller will be forced to fulfill your requirements.

Reasons for returning a mobile phone to a store within 14 days by law.

In fact, there are not so many reasons for exchanging a cell phone, as well as returning it, we will list some of them:

Factory defect of the product, which was not noticed when purchasing in a store;
External and internal phone malfunctions;
A software malfunction affecting the smooth operation of the device.

If the gadget has a fatal malfunction (does not turn on, frequent shutdowns, failure of the microphone or speaker), or a malfunction that requires a long and expensive repair, it can also be returned to the store.

Is it possible to return a cell phone within 14 days without giving reasons?

Unfortunately for the buyer, and fortunately for the store sellers, it will not work to return the cell phone without explaining the reasons for this. Even in spite of the fact that the goods are in fact non-food items and are presented for return within up to 14 days. This product belongs to the category of technically complex goods, therefore, when making claims in order to return it, a serious justification is required.

Even when a claim is made, there are few cases of refund or replacement of a technically sound device. In any case, if there is a need to return the goods, please write a claim in writing. Various factors may affect the return of technical devices. For example, insufficient incorrect information about the device, inconsistency in shape, overall dimensions, or technical equipment declared.

After filing a claim, you need to expect a response to your request. In a situation where the reasons are quite compelling, but you are still refused, apply to the court, or Rospotrebnadzor.

Today the market for goods and services is full of various offers. All sorts of telephones attract attention. Some people choose a smartphone for a long time and carefully, save up for it, and then buy. But not all such operations are enjoyable. Sometimes it turns out that the gadget did not fit. Or he has defects. Can I return my phone to the store? And if so, how to do it? We will have to understand all this further. In fact, everything is pretty easy. And if you approach the solution of the task correctly, you will be able to bring it to life with minimal losses.

What does consumer rights law say?

Can I return my phone to the store? To fully understand this issue, you will have to study the law "On Protection of Consumer Rights". This situation is discussed in detail here.

In theory, there is a chance of returning the device. But not in all cases. This operation is possible upon purchase AND nothing more. It comes with additional hassle that take a lot of time. But more on that later. To begin with, let's take a closer look at various life situations.

Not to taste

Can I return a phone I don't like to the store? Many sellers say that citizens do not have such a right. If the device is in good working order, then it cannot be exchanged or returned. Is it so?

To some extent, yes. If we consider a smartphone as a technically complex product. Such devices cannot be returned if they are intact. Many people think that the phone is a complex gadget. After all, there is so much in it!

About the list of complex goods

And therefore, you should not think about whether it is possible to return the phone to the store. As we already said, this is the advice of the sellers.

In fact, it will help clarify the situation. There are no smartphones in it. You can find in the corresponding list only "telephones and consumer electronics".

Modern telephones are officially recognized as portable transmitting stations. And they have nothing to do with telephones. This means that the smartphone is not included in the list of technically complex goods.

The truth is near

And what happens in the end? Can a working phone be returned to the store? Yes. Moreover, such devices are allowed for exchange. For example, with a surcharge.

Over the course of a certain time, each person will be able to exchange a non-food product or return money for it. Even if the products are of high quality.

The timing

Can I return a new phone to the store? Modern citizens have the right to do this. This is despite the fact that many sellers refuse to accept devices back. This is a violation of consumer rights!

It is worth remembering that the buyer has only 14 days to return quality products. The countdown starts after you pay for the item.

Didn't like the model? Didn't the color fit? Is it just inconvenient to use your phone? There are only 2 weeks for an exchange or its return to the store. After that, the service will be refused. And already according to the law!

Malfunctions

Can a defective phone be returned to the store? According to the current legislation, in this case, any non-food products can be exchanged or given back to the seller. And even technically complex products.

This means that they have no right not to take a defective phone back to the store. If the seller refers to the fact that the device is a technically complex product, you can point to a defect. In this case, you will have to hand over the device, conduct an examination and only then decide what to do next - return the phone or pick it up / exchange it.

Terms of marriage

We found out if the purchased phone can be returned to the store. Based on the foregoing, it follows that each buyer has such a right, but over a period.

If we are talking about low-quality products, then its return is possible throughout the entire warranty period. Usually it is 1-2 years, sometimes more. The countdown starts from the moment of payment for the purchase and affixing the store seal on the warranty card.

Exchange

Now a few words about how to bring this idea to life. After all, if the products are of high quality, then it is problematic to return them. Even within the statutory deadlines.

Can I return my phone back to the store? Yes, but if we are talking about a high-quality device, too little time is allotted for this. We'll have to hurry.

The first step is to try to negotiate with the sellers. For example, exchange a device for a similar or similar one with a surcharge. If an understanding worker comes across, he will enter the position. In this case, some conditions will have to be met. We'll look at them later.

A complaint

If the terms have not expired yet, and the seller still refuses to accept the phone to the store, referring to the fact that this is a technically complex product, you will have to fight a little. More precisely, send a claim to the store manager to return the product.

It will need to describe the situation and refer to the fact that telephones are not technically complex goods. For example, you can provide a link to the letter from Rospotrebnadzor "On the return of mobile phones" dated October 22, 2010. Here are the explanations that we have already seen.

Courts

Can I return my phone back to the store? As a rule, there are no problems with the solution of this issue when a marriage is found. Nevertheless, not every seller will agree to accept the purchased phone. Some even defective devices try not to pick up, assuring that the malfunction is the work of the buyer. Unfortunately, this practice exists.

If even after the claim was denied acceptance of the device back, you can try to go to court. In this case, it is necessary to be prepared for the fact that the judicial authorities do not have an exact position on the topic under study. The phone may or may not be recognized as a technically complex product. Therefore, one should not count on such a scenario. Unless we are talking about low-quality products.

Return conditions

We figured out if it is possible to return the phone back to the store. Usually there are problems with this. And sellers are reluctant to accept quality products back.

The inconsistency with the basic conditions of the return can prevent the implementation of the idea. The point is that a citizen must bring a phone in a marketable condition, with all the stickers and production seals.

Are these components missing? Then, by law, a working device may not be accepted or exchanged. This is the only serious condition that will have to be met.

What do you need to return?

There are a few more features worth paying attention to. Thinking about whether it is possible to return the purchased phone to the store, the buyer must understand that he will have to prepare.

In addition to the presentation of the device, it is necessary to ensure the availability of:

warranty card;
payment receipt;
a complete set with the components of the device.

That is, all instructions, earbuds, headset and other components must be in place. If the smartphone is in the "as bought" state, it is much easier to hand it over. In case of deficiencies in the configuration, the process is refused. Complaining about such decisions is useless - they are legal. And this should be taken into account by every buyer.

Return process

Can a cell phone be returned to the store? Yes. This is a fairly common occurrence. Only high-quality and serviceable phones are allowed to be returned or exchanged no later than 2 weeks after the purchase. This period cannot be increased. But if you agree with the seller, then it will be easy to hand over a working device. This is an extremely rare scenario.

How can you imagine a return procedure? Consider the least problematic alignment - applying for a service in case of device malfunctions. Then you will have to follow the instructions of the following type:

Assemble a complete kit with a smartphone. Be sure to check that all seals and stickers are present. It won't be superfluous.
Apply to the store with the check and phone number.
Write a claim for the return of the device. The document indicates the reasons for applying for the service.
Wait for an independent examination. It takes 1 month or more. It all depends on the situation. If desired, the examination can be carried out independently and in advance.
Get device check results.
Pick up money or exchange a low-quality phone for a new one (with or without surcharge).

As practice shows, the results of the examination are decisive here. If the phone is broken, but the check has proven the buyer's guilt, even the defective product will not be accepted in the store. Is it legal? Yes. After all, in fact, quality products were sold to the buyer. So demanding something from the seller in this situation is simply pointless.

Claim form

Can a mobile phone be returned to the store? The answer to this question will no longer be a hassle.

Some people are interested in how to correctly make a claim for the return of devices. The form of this document is written. You can print the claim on a printer.

The structure of the paper is standard. There is a "header" in the upper right corner, and the name of the document, and the main part with a detailed description of the situation and a request to return the money for the purchase, and a conclusion.

At the end of the claim, the applicant's signature is affixed, as well as its transcript.

If materials or documents are attached to the claim, you will have to draw up a so-called attachment. This is a list of papers attached to the request. It is written after the main part, before the conclusion.

In fact, everything is simple. And making a claim for the return of the phone is not so difficult. Even a schoolboy can handle this!

Buyer's position

Can I return my phone back to the store? Quite. In any case, you will have to try to bring the idea to life.

If the buyer decided to get rid of a low-quality product, he needs to decide on the position. What is it about?

As we already said, some sellers refuse to return the phone, referring to the fact that this is a technically complex device. In fact, this is not the case. And you can issue a refund, indicating that smartphones are not complex devices.

Either the buyer was misled by selling a low-quality product or not explaining its functionality. By law, sellers are required to provide only accurate and complete product information. And if the person was not told about certain features of the device, it can be returned.

It is not recommended to use 2 points of view at once. Especially if a citizen has decided to defend his rights through the courts. In this case, the store will collect different claims from the applicant, which will indicate an undefined life position. And then the court will most likely protect retail outlets. The exception is cases in which the marriage of a smartphone is found out and confirmed.

Outcomes

Can I return my phone to the store? By law, yes. In practice, not always. There are many features of the process to consider. Only then can one hope for success.

If we are talking about serviceable products, then it is allowed to return or exchange them, provided that the presentation is maintained for two weeks. After that, high-quality smartphones will not be accepted.

In the case of defective devices, you have to try. After all, the buyer needs to prove and confirm the marriage. And before that - to get the device sent for examination from the store. Often sellers refuse to provide this service. And you have to go to court to protect your rights.

Before purchasing a smartphone, it is best to take a good look, study and inspect it. Nowadays, the stores have special stands with up-to-date phone models. They are included, available for a test drive at the point of sale. Then you do not have to think once again whether it is possible to return the phone to the store if it does not suit the buyer.

Returns and exchanges of mobile phones are no different from the procedure for returning other goods to a point of sale. The main difficulty is related to the return of a working phone in the first 14 days after its purchase, if the device did not suit the buyer for subjective reasons - he didn’t like the color, size or set of functions.

Is it possible? Are mobile phones not included in the category of goods that can only be returned if they are found to be faulty?

In today's article, we will answer this question by examining the modern regulatory framework and judicial practice. Separately, it will be discussed how to return a serviceable, high-quality phone and a phone of inadequate quality, if a defect or defect is found in it.

Returning a quality phone

(hereinafter - ZoZPP) allows you to exchange the phone if it does not fit the buyer in size, shape, style, color, configuration or other consumer properties. This can be done only in the first 2 weeks after the purchase (the countdown starts from the day following the day of purchase).

You can return money for a quality item only if the seller did not have a similar product. But there is one important point. There is a List of non-food products that are not subject to return and exchange (hereinafter referred to as the List), given in the Decree of the Government of the Russian Federation No. 55 of 01.19.1998.

Are telephones included in this List? Today the category of goods "telephones" is present in the List under clause 11, as well as in a separate List of technically complex goods of the Decree of the Government of the Russian Federation No. 924 of November 10, 2011.

In the List of Technically Complex Goods, mobile phones are defined as “ home wireless communication equipment with a touchscreen and two or more functions ».

All this means that it is impossible to return (or exchange) a cell phone of proper quality within the first 14 days after purchase! When filing a claim, the courts will almost always side with the seller, not doubting that the phone belongs to the category of technically complex goods. But there is one loophole in the ZoZPP - article 12. It says that the seller must provide the buyer with complete and reliable information about it before selling the goods.

You can try to explain to the store management that when selling a cell phone of proper quality, the seller did not report the characteristics of the device that were undesirable for you, or false information was provided about the availability of the necessary functionality in the phone.

Based on Art. 12 ZoZPP, in most cases, you can persuade the seller to exchange (or pick up with a refund) a high-quality phone. This is especially easy to do in large chain stores selling equipment and electronics. Of course, the phone in this case should be in excellent condition and not show signs of prolonged use.

Returning a phone of improper quality

It is much easier to hand over a low-quality mobile phone back to the seller than a completely serviceable device. To do this, it is necessary to be guided by the articles and the ZoZPP, according to which the return of goods of inadequate quality is possible during the entire warranty period. If the specified periods have not been established, then the return period is limited to 2 years, unless otherwise provided by the contract. Let's point out the most essential points that should be followed when returning or exchanging goods:

If the device is replaced during the warranty period, then upon acceptance the seller is obliged to check... As a result of the check, the reason for the occurrence of the defect is found out, whether it was caused by the actions of the buyer himself. The buyer has the right to be present at the check (clause 5 of article 18 of the ZoZPP). If the warranty has already expired, then the buyer himself must organize an examination of the phone for a defect (if less than 2 years have passed since the date of purchase);
When the seller, as a result of the check, found out that the defect arose through the fault of the buyer, and he does not agree with this, then the buyer has the right to appoint a new, paid examination... If she confirmed the results of the store check, then the buyer pays for its conduct (also the costs of storing the phone, its transportation). Otherwise, based on the results of the examination, you can file a lawsuit against the seller (or refer the results of the inspection to him and try to negotiate peacefully);
Phone return is possible only after writing a statement(claims) for a return, for which you will definitely need a passport. It is desirable, but not necessary, to attach a sales receipt to the application. Oral testimony of witnesses or the sellers themselves that the goods would be bought in this particular store are also suitable. The claim is written in two copies, one of which remains with the buyer. On it, the employee who accepted the document signs, indicates the date, his full name and position. This will protect the buyer in case the seller will delay the refund;
Replacing a mobile phone by law is also possible if 2 years have passed since the date of purchase. Replacement possible throughout the entire service life of the device or 10 years after purchase (if no life is specified). But then the disadvantage must be significant or irreparable. In this case, the claim is submitted not to the seller, but to the manufacturer or importer of the product. In case of a removable defect, the manufacturer is obliged to fix it free of charge within 20 days or transfer money for the phone. However, the consumer is obliged to prove that a significant defect arose even during the assembly of the phone or before its purchase;
A claim for return must be reviewed and satisfied within 10 days from the date of claims... If after the purchase the phone becomes more expensive, the consumer has the right to demand a refund of the price difference. When buying a phone on credit, the payment for its provision is also reimbursed.

Return of a technically complex product

Cell phones belong to the category of technically complex goods, therefore, according to the law, they can be handed over to the seller without examination only in the first 2 weeks after purchase (if it turns out that the phone was sold to you with a defect). If more than two weeks have passed since the purchase, then you can get money for the defective product only under the following conditions:

it is impossible to use the product due to a significant defect;
the maximum term for the elimination of the deficiency was violated (Art. 20 ZoZPP);
the telephone has not been used for more than thirty days in aggregate during the year due to its repair at the service center (with repeated elimination of various malfunctions).

In general, the procedure for returning a low-quality phone consists of the following steps:

First, we go to the store and find out if the money will be returned to us immediately, without additional conditions;
If the agreement did not work out, we draw up an application and hand it over to the seller;
If this does not help, we order an examination to determine the cause of the shortage of goods;
If the examination says that there is a defect and it is not caused by the buyer, we write a repeated claim to the store and attach to it an examination certificate demanding reimbursement of the costs of its implementation;
When this did not force the seller to return the money, we draw up a lawsuit against him.

The application for the return (exchange) of a mobile phone does not have a strictly fixed form and is drawn up according to general rules. You can download a sample of this document writing below. It is recommended to write a claim at home, in a relaxed atmosphere, thinking over your position and giving the necessary arguments in the text, as well as making references to the ZOZPP and other regulations. When submitting an application in the store, a separate act of acceptance of a mobile phone will be drawn up, indicating its technical characteristics and existing problems.

When buying a new smartphone, the consumer hopes for its long-term and comfortable use. Sometimes expectations do not coincide with reality, and the gadget disappoints the owner either by incorrect work, or by a factory defect, or by a mismatch of the declared parameters. The user is faced with the question of how to return the phone to the store?

When purchasing a new device, keep in mind that the device is classified as a technically complex product. You can give it only if there is a guarantee or at the request of the seller.

On a general basis, a technically complex product of inappropriate quality is returned within 15 days, the countdown of which begins from the time of payment for the purchase. After a 15-day period has passed, such goods can be returned only if:

factory marriage;
failure to comply with the deadlines for eliminating deficiencies in the purchase, which are reflected in Article 20 of the Law on the Protection of Consumer Rights;
the impossibility during the guarantee period of constant use of the device due to the frequent elimination of breakdowns, which total more than 30 days during the year.

Based on this, it will not work to return a gadget that works correctly, corresponding to the declared configuration and documentation. At the same time, armed with knowledge, you can even give back a technically sound device.

Legal regulations for the return of a mobile phone

Based on Article 25 of the RF ZOZPP, it is possible to return and exchange a serviceable non-food product within 14 days from the date of purchase, if it has not been used, if it is not included in the list of goods that cannot be replaced (hygiene products, linen, plants, etc. etc.).

IMPORTANT! When buying, you must keep the receipt and the original appearance of the product and its packaging.

Is it possible on these grounds to return the phone within 14 days?

To answer the question posed, you need to understand the list of technically complex goods. It includes telephones and consumer electronics. A modern smartphone does not limit its functions to these concepts. The scope of its purpose is much wider, and it is characterized as a portable transmitting station. Therefore, the device does not belong to telephones and is not included in the register of technically complex goods.

This means that a new, working device can be returned to the seller by receiving a refund or exchanging it for another model with a surcharge.

Return of a defective phone. Submitting a complaint

A modern android provides its user with many different possibilities, ranging from voice communication to Internet access from anywhere in the city. It is often difficult to check the correct operation of all built-in applications at the point of sale. Most often, the buyer is able to evaluate only the external data of the model, the quality of sound and communication.

Often, a loan is taken to make such an expensive purchase. It makes it all the more annoying to find a malfunction at home that was not found in the store.

What to do in such a situation?

Remember the terms of return. If a factory defect, defects and malfunctions are detected, the smartphone can be returned to the point of sale throughout the entire warranty period.

An unscrupulous seller may refuse to accept back a rejected acquisition due to the fact that the device belongs to technically complex goods. Then you need to make a claim to the name of the store manager.

The request is drawn up in duplicate and signed through the store's incoming correspondence journal. This step is to insure the buyer against not meeting the deadline for filing a petition.

Within 10 days, the store is obliged to give a written response to the request.

Some fraudulent sellers refuse to accept the defective goods back even after receiving a claim, citing the fact that the breakdowns occurred during the operation due to the fault of the consumer. In this case, you will have to write a statement with a complaint to the court. On the basis of a court decision, the store may face administrative liability. At the same time, do not forget that judicial practice is very ambiguous in matters of this kind, therefore, it can stand up to protect the rights of the seller.

Large stores that value their reputation and customers find a compromise and accept a low-quality product. The following options for damages may be offered:

Full refund of the cash contribution, taking into account the cost of repairs, if any.
Replacement with a similar model of adequate quality.
Exchange with a surcharge in the absence of the same phone or refusal of the consumer from this model.

IMPORTANT! If there is no sales receipt or cash register receipt for the purchased device, testimony of witnesses will be required to return it.

The return process. Documentation

Soon after the purchase, the new smartphone began to glitch, freeze, inform the owner about an error when detecting a memory card, hold the battery poorly, do not respond to touching the touch screen, or does it get hot and swollen? The listed breakdowns are grounds for returning a malfunctioning android. According to clause 1 of article 18 of the LPOZPP, the buyer has the right to apply to change the smartphone within a 15-day period.

The seller may disagree that the device is of poor quality and appoint his own independent examination. In this case, the buyer has the right to be present during the breakdown analysis. If it turns out that the operation of the device is disrupted due to improper use through the fault of the buyer, he will have to pay all the costs of the costs of the examination.

The procedure for issuing a return is as follows:

A full factory complete set of the smartphone is being assembled. It includes a box, a warranty card, operating instructions, related parts and headsets that came with the device, the presence of serial numbers and seals.
A package of documents and a cashier's receipt are provided to the point of sale.
A claim is made, on the basis of which the seller will return the money or exchange the old smartphone for a new one.
An independent examination is being carried out. It can be assigned both by the seller and made in advance by the buyer himself. The test results will be ready within a month.
Based on the verdict of the examination, hand over the smartphone and get money or a new product back.

IMPORTANT! The result of the examination is a decisive opinion for the seller in resolving the return issue.

Repeated breakage. If the phone has already been repaired, it means that the settings were made poorly or the device has more serious damage than it seems at first glance.
If the price for the upcoming renovation is too high. In some smartphone models, it is impractical to replace the protective glass of the panels due to scratches due to the high cost of repairs. It is cheaper to replace a broken device or return money for it.
If the buyer basically does not want to hand over the phone for repair and demands to give him a new one. This requirement is fulfilled only with the consent of the seller. In this case, he is not obliged to make concessions.

In any state of affairs, the consumer has the right to appeal against the decision of the examination and apply for its re-conduct.

Returning a working device

If you don't like a new, properly functioning cell phone in operation, you can also take it and return it to the seller, guided by the RFP Law. True, it will be rather difficult to do this even if the following conditions are required:

If the buyer at the time of purchase was not familiarized with the main characteristics of the gadget and did not provide full information about it, but at home it was discovered that some important functions and parameters of the device were missing. In this case, the seller has violated the requirement of Article 10 of the ZoZPP, and it is the basis for the return.
If the mobile is not included in the list of goods that cannot be returned and exchanged, as well as in the list of technically complex goods.
The parameters do not fit, you don’t like the shape, color of the device, or they are inconvenient to use.
No more than 14 days have passed since the date of purchase.
The receipt, presentation, protective seals and films, factory equipment have been preserved. If there is no check, you can use the testimony.
Has not been used.
At the time of contact, the point of sale does not have the same smartphone model of the corresponding shape, color or size.
Availability of a general civil passport.

If all of the above requirements are met, the request to return the phone must be satisfied within 10 days.

IMPORTANT! It is possible to return a working phone only with the voluntary consent of the seller.

Return of a purchase to an online store or purchased on credit

Article 26.1 of the Federal ZoZPP provides for the resolution of disputes arising from remote purchases. So, based on this document, the buyer has the right to refuse the goods purchased through the online store at any time before the transfer and transfer of money to the seller.

As soon as the buyer has received the phone in his hands, he has 7 days to return the gadget of proper quality if he is not satisfied with the parameters or characteristics of the purchase.

With a written confirmation of the fact of transferring the smartphone, the consumer can return it within 3 months from the date of signing the documents.

The online store can unambiguously refuse to accept the goods back only in the case of an individual special order, which was intended for a specific user and cannot be operated by other people. In this case, to return part of the money, you can hand over your smartphone to a pawnshop.

Lending for the purchase of high-value androids is common. Often, right in stores, they offer to purchase a mobile phone using a car loan without guarantors and income certificates. Is such a deal going to be reversed and is it possible to return the credit phone to the seller?

For devices purchased in installments, the same rules apply as for gadgets purchased in regular stores with a slight difference regarding the bank agreement.

The return procedure will be the same as for a regular purchase. You need to carefully study the loan agreement. Often, the bank prescribes the conditions and procedure for returning the phone in it.

IMPORTANT! Loan payments do not stop until the bank makes a final decision on the early termination of the contract and closes the credit account.

How to rush the seller to exchange or return?

Litigation and red tape associated with the return of the device can discourage the implementation of the legal rights of the consumer. To make this process easier and faster, follow these tips:

Order an independent examination yourself in advance. By the time of contacting the store, the document will be in hand, which will significantly save time.
Make a compromise with the seller. It is often much easier and faster to exchange your phone than to give it back.
Cite the lack of information provided by the seller. Instructions for mobile phones are written in foreign languages. It is almost impossible to get any information and explanation of the principles of the phone from them. This fact can justify the appeal and exchange it as soon as possible.

When purchasing a new phone, do not forget about careful handling of it. This is especially true for the warranty period. After unpacking the purchase, you should put the box with all receipts and instructions in a safe place where they will remain for the entire warranty period. Do not leave the device unattended in public places where it can be stolen. The purchaser must personally use the device. It is undesirable to transfer your cell phone to a third party that can break or break it.

If you are planning to purchase a new product, take the purchase seriously and responsibly. Analyze the functions of the device, read user reviews and test the phone at the point of sale. These actions will save you in the future from the frustration of buying and returning it to the store.

When buying, including cell phones, the consumer must be guided by the consumer rights law, which sets out the basic provisions for the purchase. In general, the phone cannot be exchanged or returned due to the fact that the buyer did not like it. But there is a peculiarity when ordering via the Internet, regulated by law.

It will be possible to return or exchange a mobile phone only if a deficiency is found. And since the goods are technically complex, the exchange period, in the event of a malfunction, in accordance with Article 18 of the ZOZPP, is equal to fifteen days from the date of transfer of such goods to the consumer. Further, the device is subject to the terms of the warranty service.

In most cases, a “low-quality” phone can be returned under the following circumstances:

Any defect found in the phone within 15 days from the date of purchase(Art. 18, Art. 21 ZOZPP).
A significant deficiency was identified in a period exceeding 15 days(v. 18).

Since cell phones are sold with a guarantee, if an expert examination finds removable defects, they are subject to the rules of warranty service (2nd case). The phone is sent for repair with the provision of a similar function.

Refunds are possible on the conditions prescribed in the Resolution of the Plenum of the RF Armed Forces N 17 of 06/28/12.

Feature: online shopping

Do not forget about the legal possibility of returning serviceable phones (and not only) ordered via the Internet within 7 days (Art.26.1 ZOZPP).

Grounds for return or exchange and terms for resolving the issue

During the analysis of the legal framework, a nuance is revealed that arises when you want to return the phone.

The disadvantage may be extraneous noise in the microphones, which indicates non-compliance with the standards established by law. Also, any breakdown detected during operation is considered a disadvantage, for example, an inoperative function in the settings. It does not matter how much the consumer properties of the phone have been lost.

The seller undertakes to fulfill the buyer's request within the time frame stipulated by law:

upon refund- no later than 10 days;
when replacing goods- within 7 days, with expertise - no later than 20 days, in the absence of goods in the warehouse - no more than a month;
when repairing- no more than 45 days.

How to exchange a phone and get a refund

To exchange and return a phone, follow the steps below.

Step 1... Collect all technical documentation, instructions and warranty receipt, additional devices (charger, etc.).

Providing a check and other payment documents is not a prerequisite for the return / exchange of goods.

Step 2. They ask the seller to familiarize themselves with the defect and draw up an act. The process can be recorded by a video camera with advance notification. If the seller refers to incompetence, they ask him to describe the defect in his own words (fix the fact) and not interfere with the buyer.

In case of refusal, an appropriate act should be drawn up in the presence of witnesses (not relatives) and a note should be made that you will hand over the phone at the request of the management due to distrust of the seller.