Is it possible to rent a cell phone. How to replace your phone under warranty. Return the phone to the store under warranty - is it possible

Consumer rights law gives the buyer the right to return defective products. What about technically complex products? How to legally return a mobile phone, read on.

How to return the phone to the store if you do not like it

Let's touch on the legal side of the problem. There is a law that states that any non-food item can be returned within 14 days. However, this act has an addition in the form of a list of goods that are exceptions. It includes personal hygiene items, medical products, household chemicals, textiles, and a variety of electronic equipment.
It is obvious that a modern mobile phone is a high-tech means of communication. It goes straight into the list of sophisticated radio-electronic equipment.

The law does not provide for cases in which the wording "did not like" is sufficient to return the above type of device back to the store.

Question: “Can I return the phone to the store if I don’t like it?” still has several solutions.

1. Try to discuss the possibility of exchanging the purchased products. To do this, you do not need to refer to the law and operate with its wording. It is enough to state the reason that prompted you to return. “Too heavy”, “very complex”, “not satisfied with the dimensions”, “I can’t figure it out”. Offer the seller an exchange for an analogue of the product at the same price, but in a different color, smaller dimensions. Often, large retail chains go to meet their customers in such cases. This option is best discussed with the director or administrator of the department where the device was purchased. It is they who are responsible for making such decisions. Keep in mind that getting money back, of course, will not work.

2. Refer to the incompetence of the employee who worked with you. For example, that the discrepancy between technical characteristics and parameters that are important to you was not announced. Or there are no functions announced by the seller. The reason can also be poor-quality service: the product purchased on the advice of the seller did not fit the required properties.

3. One of the options is the absence or incompleteness of the instructions. By law, each technically complex product must be equipped with a detailed instruction manual. If this does not fully cover the full range of functions of the device, you are entitled to receive a replacement.

How long does it take to return a phone to a store?

Legislative regulations provide for the possibility of handing over low-quality goods in 14 days. The same period (14 days) is determined in order to hand over non-food products of poor quality for other reasons. The wording "didn't like" is in this category.

How to return a working phone to the store within 14 days?

It is enough to come to the address of sale. Take the box and all the kit that was there with you. The packaging must be conditionally intact. Not torn, not wrinkled, without damage, have the proper presentation. You don't need to fill out any additional paperwork. Discuss return conditions with store management. Remember that the seller may refuse if there are no good reasons. But even minor shortcomings, with the general normal functioning of the device, are enough to make claims.

If the phone is defective, how to return?

Are you "lucky" to buy a faulty gadget? There is no need to worry about how to return the phone to the store if it is faulty within 14 days.

You will need:

Packaging, preferably retaining its original appearance;
Related equipment: headset, charger, manual;
Check for goods;
Warranty stamp.

At the place of purchase, you will have to fill out a simple application, indicating the required satisfaction in it.

The seller has the right to send your gadget for examination, confirming that the result of the malfunction was a factory defect, and not a violation of the operating conditions. If it determines that the device has not been used properly, the return will be denied.

How to return the phone to the online store?

The purchase of any item in the online store is classified as a remote purchase. Products purchased from the online store must be returned within seven days.

There is a special rule stating that the online store is obliged to notify you of the terms for which you can return the products.
If the device was issued at a specialized point of issue, go there. The steps in this case are the same as those to be taken when returning products to a regular retail department.

In the absence of the possibility of direct contact, contact the seller in an accessible way.

If you don't like the phone, can you return it to the online store?

This is possible under the online shopping law. It is enough to contact the representative of the online store within up to seven days, with the desire to hand over the phone. Next, you will have to describe in detail the reason why you want to issue a return. You can refer to the same options as when deciding to return a technically complex product purchased in a regular store through a personal visit and payment for the purchase.

It happens that you didn’t like a recently purchased phone and there is a desire to return it back to the store, and the sooner the better.

People who encounter this problem often ask the question: “Can I return a phone to the store if I don’t like it within 14 days?”. In such a situation, a person should know his consumer rights to know how to behave in a similar situation.

Dear readers! Our articles talk about typical ways to solve legal issues. If you want to know how to solve exactly your problem - call by phone free consultation:

Consumer rights

Conditions for returning or exchanging a device with malfunctions

You can exchange or return money for a phone with defects, if:

The return is made within 14 days after the purchase of the goods;
Buyer using expertise proved that the phone is defective due to the fault of the seller (if there is no warranty card, and if there is one, the seller must prove the unlawfulness of the buyer's claims). The buyer has the right to challenge the examination conducted by the seller and appoint a new one;
Seller failed to prove guilt the buyer in a phone malfunction;
Return of goods is possible within 1-2 years under warranty.

Refunds for defective goods are carried out within 10 days after the presentation of the claim.

If the product was purchased through an online store?

The return of a phone purchased through the online store is carried out within 7 days from the moment it is received or at any time prior to its transmission.

If information on the procedure and terms for returning the goods was not provided to the buyer in writing at the time of delivery of the goods, then the return is carried out within 3 months from the date of delivery of the goods.

What is the deadline for applying?

Return of a cell phone of proper quality is carried out within 14 days from the moment of payment for the goods. The return of a cell phone of inadequate quality is carried out within 15 days after the purchase of the goods or within 1-2 years under warranty.

If the seller refused to voluntarily satisfy the buyer's claims, he will be liable under Article 13 of the Law "On Protection of Consumer Rights".

See also in this video Is it possible to return the phone within 14 days:

Article author -

Buying a mobile phone is often associated with significant costs, especially when purchasing a flagship smartphone model. Often gadgets are purchased as a gift to a loved one. It happens that the phone does not meet the expectations of a person, does not meet specific requirements, or suddenly there is a need to return the amount spent on a smartphone. Can I return the phone to the store if I just don't like it? In what cases the law is on the side of the consumer and what kind of reasons are “valid” for a return, we will consider further.

Article No. 502 of the Civil Code of the country states that every buyer who has purchased a non-food product has the right to exchange it for a similar one, but with different characteristics. In this case, the returned goods must be in the form of a new, unused. If the seller cannot offer the person a model, the exchange for which suits him, the goods are returned to the store, and the money is returned to the buyer's wallet.

Article No. 25 of the Law on Consumer Rights confirms information about the possibility of exchanging and returning goods of good quality without explaining the reason. However, there is a list of goods that are not covered by the desired rule, in particular, it includes goods from the category of “technically complex”. According to the official list, the mobile phone is logically closer to the "wireless communication equipment with a touch screen and more than two functions" listed in point six. Thus, the consumer cannot return a smartphone of good quality - the law takes the side of the seller.

There is also a second part of the question under consideration. According to the classifier of non-food products in force in Russia, cell phones have the OKP number 657140, which separates them from telephone sets and from household radios that have completely different codes. It turns out that from the considered position, the mobile phone is not considered to be named in the list of complex technical goods. Accordingly, if the buyer wishes to return the gadget, the law will support him.

An ambiguous picture is emerging, confused buyers do not understand how to act, and the query “how to return the phone to the store” is one of the most popular in search engines. The situation is regularly reviewed by lawyers, and ordinary buyers write a lot of stories about how they managed to convince sellers to accept a freshly bought smartphone back. Consider such examples and situations.

We return the phone that we did not like

Like any purchase, a smartphone may not please the new owner. If the gadget acts as a present, it may not only not cause the desired joyful emotions, but even duplicate the gift that has already been presented. It is logical - a person hardly needs two phones. Consider whether it will be possible to return a serviceable, but not vending phone back.

Exchange

The situation of an exchange, compromise nature is the most convenient for both the buyer and the store. If a person has purchased a smartphone and is immediately disappointed in the purchase, but does not refuse the idea of buying a phone itself, it is worth trying to exchange the goods.

The greatest chances for a successful result are expected when a person is ready to change the phone for a model that costs more, with an additional payment to the store. According to customer reviews, in a situation of this kind, the store willingly makes concessions. The buyer must meet the following important conditions:

The phone brought in for exchange has retained its presentable appearance.
Smartphone box and accessories are in order.
No more than 14 days have passed since the purchase (the less the better).
The buyer presented documents (receipt) confirming the purchase, as well as a passport.

The second successful option may be an exchange of equal value - for a model that is similar to the purchased phone. Then the seller only needs to pick up the goods from the buyer, check and issue a new one by printing the payment documents. Accordingly, the conditions listed above are relevant for the return in this case as well.

Remember - it is better to address the problem not to "ordinary" sellers, but to higher employees - managers, administrators or the director of the outlet.

It is better to build a dialogue firmly, but politely. Mention that you are a regular customer of the store and are satisfied with the assortment and prices, but you made a mistake with a specific model. It is worth explaining why it is inconvenient for you to use a mobile phone.

The buyer who brought the goods for exchange must write a statement indicating the reason why he wants to replace one model with another. A number of reasons are suitable not only for the exchange, but also for the return of the gadget.

Application for exchange

The document is written in free form, but it would be useful to learn some rules that can play a decisive role when exchanging a mobile phone. The application is addressed to the store manager, you must also indicate your personal data so that the seller understands on behalf of whom the paper is directed. If the store goes to meet you and is ready to exchange the goods, it is written in the header of the application: “Statement”. If you met a refusal, the document is called a claim.

In the paper, you need to indicate when and which specific phone you purchased, indicate the amount paid for the goods. After that, the reason why you want to exchange the gadget is stated (we advise you to mention the information about the ambiguity of the interpretation of the definition of “mobile phone”, we cited it above). List the articles of consumer law under which you are eligible for an exchange.

Complete your application/complaint carefully.

Remind the seller that he will be fined for non-compliance with the law, and if you are ready to defend your rights in court, indicate this directly in the application. Below you need to note that you are attaching a copy of the cash receipt with a serial number to the application, and also indicate the date the paper was written.

Return

You can return a non-food product to the store in that situation if, when buying, a person did not receive (or did not receive in full) all the information about it. The obligation to inform the buyer about the features of the goods lies with the seller - this is stated in Article No. 10 of the Law protecting consumer rights.

The duty of the seller is to inform the buyer about the features of the goods

This is very relevant for modern smartphones, for example, the Apple brand. Instead of instructions, a small booklet is included in the box with the gadget, which sends the buyer to the official website, where, by the way, it is also not easy to find complete information about a particular model. You can take advantage of this situation when you purchased a phone, guided by the presence of a specific function or characteristic in it, but in fact it was not there (or vice versa).

It turns out that the letter of the law allows you to return to the store a cell phone, about which the seller could not or did not want to provide all the information. For this reason, it is better not to buy a gadget alone, or enlist the help of witnesses who could see and hear that the store did not really tell you about the thing (or was misled about its capabilities).

Often the seller broadcasts to the buyer the information declared by the manufacturer. For example, the store could say that the cell phone camera produces a quality of five megapixels, and their own tests show that the “picture” barely reaches four. This is a good reason to return the phone and collect the money.

When returning the goods, you are also obliged to provide it without traces of operation and in full factory packaging. In this case, it is also necessary to write a statement, which you can draw up at home and sign in the presence of a store representative.

Return Application

In the header of the document, it is worth indicating to whom (the store director) and from whom the application was sent. Indicate the date of purchase, model and cost of the purchased phone. Next, indicate that you purchased this product, since it was important for you to have a specific function in it (radio, high-resolution images, etc.), and the seller, in the presence of witnesses, told you that the mobile phone has this characteristic. However, during the initial operation, it turned out that the information is unreliable and you do not need a function (or in the right amount) in the smartphone.

A copy of the cash receipt is attached to the application, at the bottom you can recall the sanctions for violating consumer rights and the determination to bring the case to court.

Important point! Decide in advance on your position. You must either insist that the purchased gadget is not related to technically complex goods, or you must state that the sales assistant has misled you about its functionality. According to legal practice, you can combine two versions, but only when you really missed a function that is important for you on your phone. That is, you want to return the phone due to insufficient quality of music playback or photos taken, or for another reason, while you do not see any obstacles in the form of the letter of the law and are sure of your right.

The firmness of the position will play into your hands if the case still comes to court. Don't try to walk into a store one day insisting that you can exchange the item without legal reason, and then come back the next day and report that the information you received from the purchase was incorrect.

Life hack to return the phone to the store

In various forums dedicated to the process of returning mobile devices, the same scenario is often found - people tell how they managed to somewhat deceive the seller and leave the store, returning the money spent.

Everything happens like this: a person declares his desire to replace the smartphone with a different, but more expensive model, the seller goes to a meeting and issues a refund for the previous purchase in order to issue a new one. At this time, the buyer seems to go to the toilet or make a call, but in fact leaves forever, taking the money received. The phone bought earlier, of course, is already in the store.

This is a good way that will work if the exchange procedure is really carried out by the store in the specified order:

The man returns the phone.
Store employees check it out.
Transfer the money to the buyer.
Make another purchase.
A person pays for a new product.

Accordingly, you can try to interrupt this process by stopping at the third point. In this case, the citizen does nothing illegal, and it is difficult to make claims against him. You can always declare a sudden urgent matter or a deterioration in well-being that did not allow you to bring the "exchange" to its logical end.

Return or exchange of a defective, broken phone

It happens that the buyer is completely satisfied with the purchase, but yesterday's purchase refuses to work. If a person is sure that his own fault is not found in this (the gadget was not dropped, not wetted or damaged), it is worth contacting the outlet.

According to article No. 18 of the Consumer Rights Act, within two weeks it is permissible to return or change the purchase, but also to demand a discount or free repair from the seller if the mobile phone is faulty, does not work, or it has a defect or defect of any nature.

In the store you need to provide the goods themselves in a complete set, identification documents and the payment made. You will have to draw up a statement addressed to the head of the outlet, which details the reasons why you think the phone is broken or has a flaw that happened through no fault of yours. The difficulty is that the seller, most likely, will declare the need for an examination, which will identify problems and recognize the case as warranty or non-warranty.

The examination usually lasts quite a long time - about twenty days, and if it admits that the breakdown was not the fault of the seller, the buyer will have to pay for the work of the experts. In addition, for the entire duration of the examination, a person will have to use an old phone, or do without it at all. If it turns out that the phone is really defective and needs to be repaired, it will be repaired and returned to the buyer. If the repair is not possible, then the money will be returned to the person.

The store has the right to respond to your claim about a broken product within ten days. The best option would be to solve the problem personally, without stopping the dialogue with the representative of the store until you are satisfied with the results of the negotiations, or you do not get a definite answer. As a last resort, insist that you go to court and defend your consumer rights to the end.

Return of credit goods

If you purchased the phone using installment or credit money, you do not lose the right to exchange or return the goods, unless otherwise specified in the loan agreement. Examine the document by reviewing the clauses on the possibility of its termination and the conditions for the return of funds, if any, were paid. The next step is to contact the store, where you will act according to one of the algorithms outlined above - it depends on the reason for your decision.

You should also talk to the store manager and discuss the possibility of an exchange or refund.

Important point! Successful termination of the contract for the purchase of goods is not equal to the termination of the loan agreement. With a document from the store that fixes your refusal to buy a phone, you need to go to a banking organization and notify it of the termination of loan payments. Only after you decide this moment, you can forget about your creditor obligations. Otherwise, the bank will impose penalties on a person who does not pay fees on the basis of a terminated contract only with the store.

Table 1. Cheat sheet for the exchange and return of the phone

Cause	Actions
I don't like my phone, I need money	We refer to the list of non-food products, according to which a mobile phone is not considered a technically complex device. Remember that this moment is considered “floating” in the legislation, that is, there are precedents for a decision both in favor of the buyer and in favor of the seller.
Want to exchange for another model	In the case of an exchange of equal value or with your surcharge, there should be no problem. The main thing is that the purchased phone retains its pre-sale appearance.
Dissatisfied with the lack of a desired function	We refer to Article No. 10 of the Law on the Protection of Consumer Rights, which specifies the seller's obligation to provide comprehensive information about the product.
Bought a defective phone or it failed in a short time	We refer to Article No. 18 of the Law on the Protection of Consumer Rights, which specifies the obligation of the seller to replace the defective product or return the money for it.
Bought a phone on credit	We use the above algorithms, then we notify the bank of the termination of the loan agreement.

Video - Is it possible to return the phone within 14 days?

Summarizing

Returning a mobile phone to a store with a refund or a more desirable model is no easy task. Even if the buyer has a good reason (product malfunction / lack of necessary functions in it), it is not easy to prove the case. A smartphone is an expensive and complex acquisition, and a store is rarely interested in losing money already paid by a person.

If you are going to return or exchange a cell phone, be sure to take all the necessary documents, receipts, the box from the goods to the store, make sure that all the components (headphones, charger, etc.) are still inside the package. Read the relevant articles in the Consumer Rights Act, or better yet, print out the main provisions and take them with you so that you can refer to the code of laws when communicating with the seller. No need to be rude or act arrogant - the human attitude will certainly play a positive role in resolving your issue. Good luck!