- Rules for refusing a purchase under the law
- Rules for returning the phone as a technically complex product
- How to return the phone – step by step instructions
- Time limits for repair
- If the seller refuses to accept a smartphone back
- Prejudicial claim
- Appealing to the court
- If the phone was bought through the Internet
- If the phone was bought on sale or markdown
- If the phone was purchased on credit
The phone is the most used gadget, so it is the most purchased product in the technology category. But before you decide to buy a smartphone, you need to know whether you can give it back to the store, and what rights consumers have if they change their minds, or the phone was defective.
Rules for refusing a purchase under the law
According to ch.1 Art. 25 of the Consumer Protection Law (hereinafter “CPA”), you can return your purchase if you simply do not like the product anymore, as long as no more than 14 days have passed since the purchase date. In this case it is a question of exchange, but if the seller can not offer you another product, he is obliged to return the money (h.2 Art. 25 of the ZPP). It also says that the seller and the buyer can agree that the former will warn the latter about the delivery of the right product, without putting it on sale.
It turns out that you can easily buy something and then change your mind and return it, and the seller is obliged to accept your purchase back, provided that it still looks good, and all the labels and tags are in place. We must point out that it’s not the price tag, you can rip it off, it’s not an obstacle to return. Also the seller can not refuse to accept the goods without a receipt (p.3 ch.1 Art. 25 CPA), but only if you can prove in some other way that the purchase was made in that particular store.This means you can use it instead of a receipt:
The delivery note;
The warranty card;
Personal account statement of online banking;
video camera footage;
Evidence of witnesses.
It seems that the law is completely on the side of the buyer. But in practice, it also protects the seller’s rights – it establishes a list of goods that cannot be returned if they are defect-free. There are 14 categories of goods, including technically complicated goods.
And there are a lot of disputes between sellers who won’t take phones back and buyers who want them back. In fact, these gadgets are technically complex goods, which is defined by p.4 Russian Federation Government Resolution No. 924 of 10.11. 2011 phone – a device for household use with a touch screen and more than two features.
Rules for returning the phone as a technically complex product
This category of purchase, and therefore phones, cannot be returned if there is no defect. If the defect is an insignificant one, you have 15 days to get a replacement or refund (.7 ch. 1 Art. 18 of the CPA).
If more time has passed, you can turn to the seller only if significant defects are found. According to the preamble of the CPA, a defect is considered to be a defect that:
impossible to fix;
appears again after repair;
It takes more effort, time, or money to fix than the item is worth.
Here it is important to remember that if you have found a defect that is considered significant and more than 15 days have passed since the date of purchase of the gadget, you can only apply for a repair. Replacement or refund of the paid sum is possible only in that case if it is impossible to repair the phone or terms of repair are not observed.
You have an opportunity to apply for free repair for as long as the warranty or expiration date is valid, and if they are not set – within 2 years from the date of purchase (Art. 19 of the CPA). You can bring the phone in a store or directly to the warranty service.
How to return the phone – step by step instructions
To issue a return, you must submit a written application to the store. It is prepared in free form, the data of the applicant and the seller, characteristics of phone, information on a place and time of purchase and the reason of return are specified. In many large stores there are ready-made return form templates, you just need to tell the employee – he will fill everything out and give the document to you to sign.
Independently of whether you make the statement yourself or sign a ready template, it is necessary to demand to put a mark of acceptance on your copy. This is needed for timing – the store has 10 days to make a decision about the return.
If the seller refuses to accept the application or put a mark on your copy, send the document by registered mail with a mark of receipt and inventory of attachments. In this case the proof of your handling will be a postal receipt.
As the phone is accepted in the presence of defects, the seller should be convinced that they were not your fault. For this purpose it can independently lead examination or appoint examination. For example, if you bring a smartphone with a broken screen, the store has the right to reject it, because the problem arose due to sloppy handling. And if there is no visible damage, the seller decides whether to accept the smartphone for repair immediately, or focus on the results of the examination.
That’s why you must be aware of the 10-day deadline to respond to a return request. During this time, the store must say whether it takes the smartphone for repair or refuses to issue a refund. Conducting an examination is included in this period.
The inspection is carried out by an independent organization with an appropriate license at the expense of the seller ( para.2 ch.5 Art. 18 OF THE CPA). But you must be notified about the place and time of the examination, and if the results show that the phone is broken because of you, you will have to compensate the store expenses.
If the seller refuses to make an expertise, you can order it yourself, but with the same conditions: notify the store about the time and place, and if it is proved that there is a manufacturing defect – you get compensation for paying for the inspection.
Time limits for repair
If the seller took the gadget for repair, he must return it in good condition no later than 45 days from the date of its receipt (. 20 OF THE DPSA). If for some reason you are unable to complete the repair work by this time, the deadline may be extended, but only with your consent. It should be noted that the absence of spare parts or any other parts is not a reason for violations of the repair time.
Another point that you need to consider, returning your smartphone to the store for repair – you are obliged to be given another gadget for the period of restoration work. But this is done only by request – if you yourself do not apply for another phone, the seller himself will not offer it.
After the repair is completed, a receipt is issued, establishing the warranty period for the service rendered. It is established by the service center or store independently, but usually it is 7-10 days. If your phone breaks again during this time, you can resubmit it for repair. And if it’s beyond repair or systematically malfunctions again, you’re entitled to an exchange or refund.
If the seller refuses to accept a smartphone back
Despite the Law on Protection of Consumer Rights, sellers are not always willing to issue a return without problems. Most often it is associated with disputes and the need to assert your rights.
Therefore it is necessary to know in advance how to behave, if after your written application for return, within 10 days there is no answer or there is a refusal.
Before going to court, you need to file a written claim with the store. It is also drawn up in a free form, with the same data as in the written application and in addition – information about the refusal of the seller to fulfill its obligations under the Law on Protection of Consumer Rights.
You can submit the claim personally, but in this case you must also receive a receipt stamp. If the seller refuses to put it, send the document by registered mail.
The period of waiting for the answer to the claim – 30 days from the date of receipt. During this time, the seller must either accept the phone back or indicate the reasons for refusal.
Appealing to the court
If the matter cannot be settled amicably, you can sue the store. To do this, you need to make a statement of claim, which specifies all the events strictly in chronological order. You should apply to the justice of the peace in the place of registration of the store.
The statement of claim can also be submitted in person or sent by registered mail.
If the court rules in your favor, you can not only return the value of the defective phone, but also receive other payments:
A penalty in the amount of 1% for each day of delay in fulfillment of requirements;
A fine of 50 percent of the assigned amount;
Compensation for moral damages in the amount specified by the court.
In addition, the seller will pay the state fee and cover the court costs incurred.
So it turns out that through the court you can get more than in the pretrial order. Therefore, most often the stores solve the dispute at the stage of filing a claim.
If the phone was bought through the Internet
Separate legal provisions apply for goods bought online. In this case, technically complicated goods are not separated into a separate category and are returned in the standard procedure.
So, according toarticle. 26.1 ZOPP, If you order your phone over the Internet, you can refuse to buy it:
at any point prior to receiving a package;
Within 7 days after delivery, even if the smartphone is in perfect condition.
Keep in mind that the seller must include written information about the return policy in the package. If there is no such paper, the term for refusing a purchase increases to 3 months.
If the phone was bought on sale or markdown
Standard return policy applies for a sale – only if there are defects. Reduced value is not a reason to refuse to take the product back.
If you have purchased a discounted product, you are responsible for that purchase, as long as the seller has given full information as to why the price is less. If he didn’t mention any defect and you can prove it, you have the right to return the smartphone even if it works fine, because it’s the seller’s direct obligation to give true and complete information about the product (Art. 12 of the DPA).
If the phone was purchased on credit
In this case also there are nuances. The phone goes back to normal, but you have to be prepared for the fact that:
The deadline for processing a return request is 10 days;
The waiting time for an answer to the claim is 30 days;
The term for repair is 45 days;
Court time is up to 2 months, but hearings can be postponed for various reasons.
During all of these periods, you will pay the loan, and if you still manage to get a refund, you will only be paid the value of the smartphone at the time of purchase. The store will not reimburse interest or insurance, so you have to pay extra costs anyway.
So, you can return your phone to the store, but only if it’s faulty. If you came home and decided that it is uncomfortable in your hand, or you do not like the color of the case, you can not apply for a refund.