When can you refuse without explanation?
According to Government Decree No. 55, equipment for individual use and complex technical goods are not subject to return or exchange.
Of the entire variety of models, the first group includes only vacuum-type headphones - when used, the ear pads are installed in the ear canal.
Complex household devices include only wireless headphones that connect to a mobile device, desktop PC, laptop or TV via a radio channel.
All other models can be exchanged or returned to the store on a general basis - within 14 days from the date of purchase, subject to several conditions:
- no signs of use;
- the presentation, stickers, labels, tags, packaging have been preserved;
- the client can confirm the purchase in a specific store with a cash receipt, sales receipt or other documents.
You can refuse to purchase for any reason: if the headphones are not the right color, the rim is uncomfortable, they are too heavy, the cord is short. In these cases, the buyer has the right to pay extra and choose a more expensive model or take back the difference in price if the analogue turns out to be cheaper. If you can’t choose the right headphones, you can return the goods and collect the money.
Sample documents for headphone repair
Below you can find standard forms and document forms that are used in relations related to warranty and routine headphone repairs.
Sample warranty card for headphones
warranty card for headphones no.
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№ | product | quantity | serial number | warranty period, months |
1 |
date of issue of equipment: __. __.20__ | salesman: /____________________/ |
Warranty obligations:
1. The warranty period is calculated from the date of delivery of the goods to the buyer.
2. If the above-mentioned product fails through no fault of the buyer, during the warranty period, the supplier undertakes to repair or replace the defective product without additional payment.
3. Warranty repairs and maintenance are carried out within __________ days at the service center of the seller of the product, only upon presentation of this warranty card. The warranty period is extended for the duration of the repair.
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4. The supplier disclaims warranty obligations in the following cases:
- in the presence of mechanical, chemical, thermal and other damage to the product - failure due to non-compliance with the rules for installing and operating the headphones. - opening, repair or modification of the product by unauthorized persons.
5. The warranty does not apply to consumables and other components that have a naturally limited service life
6. The seller is not responsible for the malfunction of unlicensed software and does not provide free advice on these issues.
7. When making claims regarding the operation of the Purchased Item caused by the incompetence of the buyer, the seller has the right to charge a consultation fee.
8. During the period of warranty repair of headphones, similar serviceable equipment will not be issued.
9. Lost profits due to a malfunction and other indirect expenses are not subject to reimbursement.
10. The warranty does not cover damage caused to other equipment.
11. All shipping costs are at the buyer's expense and are not refundable.
buyer's representative: /____________ /____________ / _______________________/ (date) (signature) (decryption)
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Sample claim for poor-quality headphone repair
to the head of the organization: address: from _____________________________________ (full name of the Applicant)
address:
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Claim for poor quality headphone repair
“___”____________ _______ I entered into an agreement with your organization for the repair of the following headphones:
brand, model):________________;
color: _________________.
confirmation of the conclusion of this agreement is receipt No. ________ dated “___”____________ ______.
in accordance with the terms of the agreement, I paid the cost of repair work in the amount of _________________ (_______________________) rubles.
your organization has undertaken to repair (indicate which parts the organization had to replace and which to repair).
however, at the time of receipt/after turning on the goods/under other circumstances ________________________________, I discovered that the repairs were performed poorly, namely (indicate the detected problems and other facts of non-fulfillment of obligations under the contract).
in accordance with Art. 4 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the contractor is obliged to perform high-quality work under the contract.
in accordance with Art. 29 of the above law, when discovering deficiencies in the work performed, the consumer has the right, at his choice, to demand:
- free elimination of deficiencies in the work performed; a corresponding reduction in the price of the work performed;
- free re-performance of work;
- reimbursement of expenses incurred by him to eliminate deficiencies in the work performed on his own or by third parties.
based on the above and in accordance with Art. Art. 4, 29 of the Law of the Russian Federation “On the Protection of Consumer Rights” I demand:
(please specify one of the requirements)
within ________ days from the receipt of this claim.
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If the claim is not satisfied voluntarily, I will be forced to seek protection of my rights in court. in this case, in addition to the requirement specified in this claim, I will file a claim for compensation for moral damage caused by the violation of my rights, in accordance with Art. 15 of the Law “On Protection of Consumer Rights”.
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Please provide a response to the claim within ______ days from the date of receipt of this claim.
_______________________________/_______________/ (signature) (full name)
"___"_____________ _______ G.
If the headphones are defective
If the headphones turn out to be of poor quality, by law the client has the right to:
- within two weeks after purchase, exchange it for a quality product or take the money back;
- Submit it for repair under warranty if 14 days have expired.
The warranty period is set by the manufacturer or store. If there is no information about it in the instructions for use, on the packaging, or a warranty card has not been issued, according to the PZPP, the consumer can make claims about the quality no later than two years from the date of purchase.
Is it possible to return headphones to the store?
Headphones are a necessary thing and often fail, so many people have the habit of purchasing them once or twice a year for making phone calls or listening to music. There are many products in this category on the market, varying in price, quality and functionality. Therefore, even after a long selection and viewing reviews of headphones, you might be faced with the need to return them to the store.
How to avoid refusal and what you need to know in order to communicate correctly with the seller - read on.
How to return an item and get your money back
You can return your purchase and return its cost on the basis of an application indicating:
- seller’s data (full name of the manager, name and registered address of the organization);
- information about the buyer (last name, first name, passport details, contact phone number);
- date, time, purchase price;
- model name;
- the reason for petition;
- requirements (exchange, refund);
- list of attached copies of documents (receipts, warranty card);
- date of compilation, signature.
After submitting the application, the organization is obliged to conduct a diagnosis within 7 days, order an examination and report the decision. The money will be issued at the cash desk after filling out the transfer and acceptance certificate or transferred to a bank card within 3 days.
Download a sample application for returning goods
Features of regular (non-warranty) headphone repairs
In the event that warranty repair of headphones is not possible, the breakdown is caused by a mechanical impact on it or improper operating conditions, the owner of the faulty product has only to contact the service center and carry out repairs at his own expense.
Important!
Warranty repairs after headphone repairs performed at an unauthorized service center are not provided and the product is removed from service.
Poorly performed headphone repair
Poor quality headphone repair can be characterized by the following points:
- if the service performed does not meet the quality specified in the contract;
- if the contract does not indicate the preferred result, and the work performed does not meet the usual requirements for the quality of the declared services;
- as a result of the repairs carried out, the headphones turned out to be unsuitable for normal use;
- the result does not correspond to the declared sample for similar breakdowns;
- the result does not comply with the law.
If you have received a poor-quality repair of your headphones, the consumer may make the following demands:
- elimination of deficiencies in the repair service provided without additional payment;
- reduction of the previously agreed price for the work;
- repeat headphone repairs;
- reimbursement of expenses for correcting deficiencies from another specialist;
- termination of the contract with compensation for losses.
Headphone repair times and consequences of failure to do so
According to clause 4 of the rules of consumer services for the population in the Russian Federation, the contract for the provision of services (performance of work) is drawn up in writing (receipt, other document) and must contain information about the date of receipt and execution of the order (including). That is, the wording “estimated period” is not correct and the contract must specify the exact date of completion of the work.
The legislation does not establish an exact deadline for repairing headphones, however, when this data is not specified in the contract, then in accordance with the Civil Code of the Russian Federation, namely clause 2 of Art. 314 part 1 “in cases where the obligation does not provide for a deadline for its fulfillment and does not contain conditions allowing to determine this period, as well as in cases where the deadline for fulfilling the obligation is determined by the moment of demand, the obligation must be fulfilled within seven days from the date of presentation the creditor's demand for its fulfillment."
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An application for fulfillment of an obligation within seven days is drawn up in writing in two copies and sent to the executor with a note of receipt.
If the service center violates the repair deadline, the consumer has the right to:
- assign a new period, which will be specified in the contract for the provision of services;
- demand compensation for expenses incurred if the repairs were carried out by another person;
- demand a price reduction, and the recalculation is made taking into account the price of services at the time of presentation of the demand to refuse to perform the contract.
Important!
The service center does not have the right to demand payment for repairing headphones if the consumer refuses the contract due to his fault.
The legislator has not established a deadline for eliminating the shortcomings of the completed headphone repairs, however, according to Art. 30 of the Law “On Protection of Consumer Rights”, the contractor must eliminate them within a reasonable time. for the service in question, this period is usually 7 days.
Requests for a discount on work must be satisfied within 10 days from the date of their application.
Requests for reimbursement of expenses incurred by another contractor must be satisfied within 10 days.
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In case of violation of the deadlines for completing the work, the contractor pays the consumer a penalty (penalty) in the amount of 3% of the contract amount for the relevant services.
Refusal by the consumer from the contract in the event of a violation by the contractor of the work deadlines, as well as poor-quality repairs, entails a refund to the consumer of funds. The service center is obliged to return the money for poor-quality repair of headphones within 10 days from the date of filing the claim.
Where to complain if the contractor violates the terms of the contract, as well as in case of poor-quality repairs
If the service center refuses to comply with the consumer’s legal requirements, you must file a claim against the contractor for poor-quality headphone repairs or late repairs in writing, indicating the violation of your rights and one of the above requirements. The claim is sent to the contractor indicating the date of receipt and the signature of the person receiving it, or can be sent by registered mail.
If there is no response to the complaint, or a refusal to fulfill obligations is received, you should write a complaint to Rospotrebnadzor.
How to file a claim for poor-quality headphone repairs
If the described measures have no effect and the service center evades fulfilling legal obligations, you should file a claim in court. The application must be accompanied by copies of the contract for the provision of services, the acceptance certificate (if any), the claim against the contractor, and other available documents.
In the statement of claim, the consumer must indicate one demand to eliminate the violation of his rights, a demand for reimbursement of legal costs, compensation for moral damage, as well as the amount of the penalty for the calculated period.
As judicial practice shows, cases of this kind are in most cases considered in favor of the consumer.
If the headphones were purchased from an online store
When the buyer cannot check the quality of the product before paying and chooses it based on photographs or descriptions, the procedure and terms for exchange and return are determined in accordance with the Distance Selling Rules.
You can cancel an order:
- before receiving the goods, even if the order has been shipped and transferred for delivery to the courier service;
- no later than 7 days after delivery of the parcel, if the seller included a reminder in the package about the return period;
- within 3 months, if the store did not warn about the week period.
After 7 days or 3 months, only low-quality equipment can be returned. The buyer will receive the funds via bank card or by postal order within 10 days from the date the organization receives the original application and the defective product. Delivery is carried out at the expense of the sender and is not compensated by the store.
Once the packaging was opened, the headphones lost their presentation.
It is almost impossible to open the blister pack (which often contains headphones) without damaging it. And without this packaging, the product really loses its presentation. However, most often, the seller directly states that he cannot open the packaging, since it is disposable and does not allow you to check the functionality of the product before purchasing it. At the same time, the consumer does not have the opportunity to familiarize himself with the sound quality, appearance of the headphones, or ease of use. In accordance with clause 17 of the Rules for the sale of certain types of goods, approved by Decree of the Government of the Russian Federation of January 19, 1998 N 55, when selling goods, the buyer is given the opportunity to familiarize himself with the necessary goods independently or with the help of the seller. The buyer has the right to inspect the offered product, demand that its properties be tested in his presence or a demonstration of its operation, unless this is excluded due to the nature of the product and does not contradict the rules adopted in retail trade.
Thus, if the seller refused to demonstrate the operation of the headphones directly in the hall and did not check the properties of the product in the presence of the consumer, then he violated the consumer’s right to reliable information about the product, ensuring the possibility of their correct choice. If the buyer was given the opportunity to familiarize himself with the technical characteristics of the product, its dimensions and appearance, but he refused (or took advantage of it, after which he decided to purchase the product), then returning the headphones with the packaging open will indeed be problematic (unless the seller himself will not meet the consumer halfway).
Thus, it is quite possible to return the headphones. Before contacting, it may be worth consulting with paid or free specialists who are involved in consumer protection. If the seller is loyal to his customers, he will be happy to do this. Otherwise, even after his refusal, the likelihood of winning in court is quite high (although not predetermined).
How to return
In any case, you need to contact the store within the prescribed time limit. Take the headphones with you along with the packaging, receipt and write a statement. However, what you can demand from the seller directly depends on which category your new headphones belong to.
Good quality
You can return high-quality headphones to the store if you don’t like their color, shape, size, etc. However, there are pitfalls here. So, in some cases, sellers flatly refuse to accept even high-quality and unpacked items back, while in others they exchange them without difficulty and without a statement. What does this depend on?
Firstly, there is a whole list of products that cannot be returned. This includes technically complex products, but often simple headphones are not. The thing is that the law may define some headphones as radio-electronic equipment with the function of reproducing signals and programs. Also, GOST states that headphones are only an addition to household radio-electronic devices.
It turns out that the possibility of their return directly depends on the seller’s awareness of Resolution No. 55. Since it does not explicitly prohibit the return of quality headphones and headsets, you can try to return them.
To do this, you will need to satisfy several basic conditions that are prescribed by law.
- Find a receipt - it is required for a return, without it it will be much more difficult (although you have the right to confirm your purchase in any way); (Read about how to return an item without a receipt here).
- Invest in the first 14 days;
- Do not cut or throw away the packaging - it is necessary to preserve the presentation of the goods (i.e., leave it the way it was given to you); (Read about how to return goods without packaging here);
- Do not use headphones, otherwise they will become used;
- Don't throw away any accompanying earbuds, pads, or accessories;
- Write a return request.
The law only says that you can exchange what you bought for something else, and only if you refuse other options for replacement, the seller will give you money.
If you have met all these conditions, and the store claims that the headphones cannot be returned or exchanged, this means that they have been assigned an avionics code. Unfortunately, in this case, you will be able to return the purchased accessory only if you received a defective product or the seller hid some information about the headphones from you.
Poor quality
Defects in the form of wheezing, unclear sound, insufficient bass and other defects may result in a warranty return of the product. Make sure you have a warranty on your headphones - usually this is an insert inside the package.
Warranty periods vary, but if they are not established by the seller or manufacturer, they are regulated by law. The legal warranty is two years from the date of purchase of the headphones.
If your headphones break during the warranty period, you must take them to a service center or store. At the same time, by contacting the service, you can repair them. Returning the headphones to the store gives many more options for resolving the problem:
- You can exchange headphones for similar, but serviceable ones;
- You can get your money back;
- You can exchange headphones for others by paying extra or receiving the difference in cost from the seller (if the new model is cheaper);
- You will be able to claim repairs at the store's expense.
All these options are available only under one condition - none of your actions led to a loss of quality of the headphones. You didn't break the wire "accidentally", you didn't step on them, your dog didn't chew them, etc. By law, only a manufacturing defect can serve as a basis for exchanging headphones or returning money for them. In order to identify the cause of the malfunction, an examination will be carried out. It can last up to 30 days, according to the Law. After their expiration, the seller will be obliged to:
- Provide you with an inspection report;
- If the malfunction is not the fault of the factory or store, refuse you any claims;
- If the fault is a manufacturing defect, satisfy your requirements.
Is it possible to return working headphones within 14 days?
Can I exchange them or get my money back? It's only been 1 day? The packaging had to be cut with a knife, otherwise there was no way to open it, it was sealed tightly.
Otherwise, if we are talking about a large store, they may not agree to issue a return of the goods. And it’s okay if the headphones were bought in a small store without a receipt.
Otherwise, if we are talking about a large store, they may not agree to issue a return of the goods. And it’s okay if the headphones were bought in a small store without a receipt. After all, you weren’t allowed to check them before purchasing, so you returned them since you didn’t like the product, because it could be that one “ear” doesn’t work at all.
Since it does not explicitly prohibit the return of quality headphones and headsets, you can try to return them.
Procedure for returning If you did not save the receipt, then instead you can use the testimony of a witness who saw you buy underwear.
Nikolay, good evening! You can use headphones, but only because of poor quality. Headphones, along with underwear, hearing aids and other things in contact with the skin can be exchanged or returned to the seller only if there are any defects. Yesterday I was choosing a gift for my friend in the Electronic Paradise shopping center, and in one of the tents (or pavilions, as they are correctly called), the seller offered me headphones.
What does the law say about the return of headphones?
Often sellers, when refusing to accept headphones for return, refer to the fact that this product, if of proper quality, cannot be accepted back by law. We should dwell on this point in more detail:
- Law No. 2300-1 refers to Government Decree No. 55 of January 19, 1998 , which, in turn, contains a List of non-food products of good quality that cannot be returned or exchanged. In this list, number eleven, there are also technically complex household goods, including household radio-electronic equipment.
- There has been a lot of debate about what can be considered household radio-electronic equipment, and whether headphones fall under this definition, however, in this case it would be appropriate to refer to GOST No. 27418-87 dated 01/01/1989 “Household radio-electronic equipment. Terms and Definitions”, which also includes stereo headphones.
Thus, you should be prepared for the fact that headphones can only be returned to the store if they are of poor quality.
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We also draw your attention to the fact that all products sold in our store are officially imported into the Republic of Belarus and have all the necessary documents, including National Certificates of Conformity and Certificates of State Hygienic Registration (for those groups of goods for which they are required). 1. A consumer to whom a product of inadequate quality was sold, if its defects were not specified by the seller, has the right, at his own discretion, to demand: 1.1.