Can I Return My Phone Within 14 Days
This article is about how to return a mobile phone and return money for it, we will consider standard situations and help you determine your rights and procedures for their implementation.
In this way, return or exchange a working mobile phone not allowed!
How to return a mobile phone of inadequate quality (defective, defective, defective) under warranty
Now consider the situation with returning a mobile phone of inadequate quality (faulty) under warranty.
Return of mobile phone and defective quality (defective) under warranty
(within 15 days from the date of purchase)
In the first 15 days from the date of purchase return under warranty a mobile phone of inadequate quality (defective, defective, defective) possible if there is any flaw in it. Including, according to Art. 18 of the Law “On Protection of Consumer Rights” you have the right:
– carry out refund for a cell phone of inadequate quality;
– exchange a faulty (broken, defective) mobile phone;
Return of mobile phone and defective quality (defective) under warranty
(after 15 days from the date of purchase)
Return under warranty mobile phone of inadequate quality (defective, defective, defective) after 15 days from the date of purchase, if one of the following conditions is available:
If you have one of the above conditions, you have the right to submit claims for refund for a cellphone of inadequate quality, exchange of a faulty (broken, defective) cellphone and etc.
Claim (application) for the return of a smartphone (mobile phone)
In order to exercise your legal rights, you need to present claim (application) for the return of a mobile phone. It is necessary to indicate the circumstances on which you base your requirements (based on Article 18 of the Law “On Protection of Consumer Rights”) and formulate your requirements.
Claim (application) for the return of a mobile phone may be presented to seller, manufacturer or authorized organization.
Your satisfaction term claim (application) for the return of a mobile phone is 10 days in case you want exchange a faulty (broken, defective) mobile phone then it is from 7 to 20 days.
If the seller refuses to return money for a cellphone of inadequate quality, exchange of a faulty (broken, defective) cellphone or does not want to exercise exchange of a faulty (broken, defective) mobile phone then you must file a lawsuit with the court (according to Article 17 of the Law “On the Protection of Consumer Rights”) and defend your legal rights.
Is it possible to return the smartphone, in what cases is it possible, what needs to be done? Let’s figure it out.
Is it possible to return the proper quality
It gives the buyer the right to return or exchange a quality item within 14 days if she did not like it or didn’t fit it (in size, color, configuration).
Clause 1 of the article describes the conditions of return or exchange:
In what situations is a return possible?
If the warranty has expired or has not been established, then you can return the defective phone within two years from the date of purchase. It should be borne in mind that the buyer proves the existence of a manufacturing defect on his own. All costs associated with the examination fall on his shoulders.
With remote purchase, slightly different rules apply, enshrined in article 26.1 of the Law on the Protection of Consumer Rights.
It is possible to return a working telephone within the specified time if:
You can not return the smartphone if it is made individually, only for you (there is a gift inscription, a special color or size has been made). In this case, no one can use the phone except you, and article 26.1 prohibits its return.
The law provides for compensation for price differences (Article 18 of the Law). If the price of a defective smartphone at the time of return has changed, the buyer has the right to demand a recalculation.
Return procedure and necessary documents
After this time, the seller must return the money paid for the phone.
In case of buying a smartphone on credit, funds are returned in the amount that has already been repaid by the borrower. At the same time, the fee for providing a loan (interest on use) is compensated.
According to article 17 of the Law, you have the right to go to court if the supplier refuses to return the money for a defective smartphone. Over, the state fee in such cases, the plaintiff is not charged.
You can apply to the court:
Sample Claim
Lipetsk, st. New, 17
Lipetsk, per. Rocket, 22/9
On November 24, 2014, I bought from you a Samsung Galaxy A3 SM-A300F mobile phone worth 13,600 rubles (thirteen thousand six hundred), which is confirmed by a check, a copy of which I am enclosing.
On December 1, 2014 during use, I found that the camera in the smartphone does not work. When you try to use the camera, the phone turns off.
In accordance with the text of Section 18 of the Law on the Protection of Consumer Rights, I have the right to refuse to purchase a smartphone within a period of fifteen days, which I intend to do.
Based on the foregoing, I demand, within the ten-day period provided for in Section 22 of the Law:
1) return to me the money paid for the phone in the amount of 13,600 rubles;
2) if it is necessary to conduct an examination, notify me in writing of the date, place and time of its holding, so that I can personally attend. The telephone number for the check will be provided by me on the spot.
In case of refusal to satisfy my requirements on a voluntary basis, I will write a complaint to Rospotrebnadzor in order to verify compliance with consumer rights. I will also file a lawsuit in a court where, in addition to the above requirements, I will ask for compensation for moral damage and expenses for paying for the services of my representative.
Samples of documents
By clicking on the link, you can download the necessary sample documents:
Experience as a lawyer since 2003. Graduated from Moscow State Open University with honors. Specialization. Consumer protection.
The question is not so difficult if you learn just a few things not to throw away checks, know your consumer rights and be sure because you are a client and you are right
Hello ! I bought a Lenovo C2 smartphone in the cabin of Nizhnevartovsk on April 01, 2017, after 21 days the on / off button refused. He approached the seller demanded to replace the phone with another with a surcharge or return the cost. But they refused and explained that they could not return or replace the smartphone, the period of 14 days passed. I wrote the requirements and registered them. I ask you to deal with this issue. Please answer those why the Euro-Network company does not want to replace my smartphone or return the money. Do I need to appeal to the Court about this or what? The smartphone I bought is in the factory packaging without any scratches and the receipt is saved. Who can answer?
Good time! I bought an inexpensive smartphone, the interlocutors claim that I can not be heard at all. And he called different people. Brought into the cabin, looked said good. Refund refused. The application was also refused. They refused to issue any paper on examination or conclusion. What to do?
Hello, I bought a phone for 30 thousand. Almost a year later he broke down, he gave it for repair under warranty, but after 3 weeks he again works not as it should. Can I get a refund for him?
Smartphones are classified as complex technical products with a warranty period. Like televisions, cars and airplanes. And 14 days they just do not apply. This, after all, is not a cook. The authors are a little cunning that the law allows you to make a return of 14 days. No, it doesn’t. Have you tried to return a new car, if, for example, the candles are littered in it?
Hello. In your situation, a claim to Rospotrebnadzor can help.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
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Knowing your own rights and obligations of the other side will help you avoid unpleasant, futile disputes, and, most importantly, you can return your money and protect interests.
Grounds for exchanging or receiving money
If the product does not have indisputable shortcomings, then when trying to return it, many artificial, unlawful attempts by the seller may arise, leave money to yourself and send the unlucky buyer back home.
Often, you may come across links to internal rules that are contrary to applicable law. These rules are for internal use only. And the buyer can safely disagree with them and dispute their content.
The law clearly defines the rights of the buyer. They can be divided into two parts:
As a rule, a written contract is concluded only in cases of large purchases. Most often it is not.
Dates to be returned
Important! When there is no expiration date, the buyer has ten years to file a complaint about the defect. It is worth remembering.
A replacement device is provided by the seller for free. All costs for shipping and transporting the device, which is provided in return, are entirely on the selling side.
Money can be returned not on the day of circulation, but within three days from the date of receipt of the application. But practice shows that if there is no reason to challenge the demand for a refund, usually the buyer can receive it immediately after submitting the application in person.
Buyer Protection
The receiving party must sign on your copy, indicating the date of receipt of the document, place of work, name and position. If an attempt to figure it out on your own is unsuccessful, you will have to go to court with a lawsuit.
Also You can ask for help at Rospotrebnadzor or the Consumer Rights Protection Society. There you can be given the necessary legal advice on the pre-trial settlement of the dispute, as well as assist in filing a claim and protecting interests in a judicial proceeding.
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