Returning the phone. Is a telephone a technically complex product? / Laboratory of Law by Maya Sablina

What is the legal warranty period for cell phones?

Before purchasing a new mobile phone, many people are interested in the warranty period that comes with it.

This is quite justified, because it costs a lot, and repairs in the event of a breakdown will also be expensive. Manufacturers and sellers of mobile equipment establish warranty periods for it, focusing on current legislation.

We will consider the main provisions regarding these deadlines in the article.

This is due to the provisions of the Federal Law “On the Protection of Consumer Rights” (hereinafter referred to as the Law), which notes the impossibility of such a return in relation to some goods. Their list is approved by the Government of the Russian Federation and, in addition to many other electronics, includes mobile phones. returning goods to the store; exchanging the phone for the same one; exchange of goods for another, with compensation for the difference in cost; receiving a discount; free repair.

Letter from Rospotrebnadzor on the exchange of cell phones

For many reasons - maybe you didn’t like the operating system, or the device turned out to be too functionally complex and the sound level was too quiet, or the phone’s dimensions are not suitable and fit awkwardly in your hand.

Return and exchange of cell phone

It also happens, for example, that a child is given the same phone as a birthday present that he already has.

And there may be many such “or”s, but the fact is a fact: you no longer need this phone, and you would like to return it back to the store.

502 of this legislative act establishes that the buyer can, within 14 days from the date of purchase of a non-food product (unless, of course, a longer period has been agreed upon), exchange it for a similar one, but of a different size, shape, configuration, or color.

25 Zo ZPP: the consumer, within a period of 14 days, has the right to exchange a non-food product of proper quality for a similar product.

In this regard, two questions arise: The answer to these questions determines whether a working cell phone can be returned.

Is it possible to return a good one to the store?

Let us turn once again to the above List according to Resolution No. 55. 11), of everything that is more or less suitable for cell phones, telephone sets and radio-electronic household equipment are included.

More recently, lawyers used the following arguments to justify the fact that a cell phone is not a technically complex product.

According to the All-Russian Product Classifier OK 005-93, as well as the Certificate of Conformity, cell phones are products that have the official name “wearable transceiver radio station”, which is assigned OKP code 65 7140 (the name “cell phone” is household, everyday).
This means that the cell phone belongs to the class of goods called “radio communications, radio broadcasting and television of general use”, and does not belong to radio-electronic household equipment (the codes of which are completely different - OKP 65 8000-OKP 65 8900).
It also stated that sellers do not have the right to refuse a consumer an exchange of a working mobile phone.
Then a detective story happened with the letter - it mysteriously disappeared from the site, and in its place there was an explanation that the publication of this letter was a technical error.

How it can be a technical error for an authoritative government body to explain legal issues is incomprehensible.

However, today it is pointless to present these arguments, although they continue to be published on many sites.

Does the buyer have the right to exchange the cell phone?

My article also previously talked about the defensive line built on this position, but now the situation with the exchange of phones looks different.

About cell phone exchange 2020 isf

The fact is that since 2020 OK 005-93 has lost force, and in its place OK 034-2014 (OKPD2) was introduced, which contains a completely different classification and other codes, for example, the code “Telephone devices for cellular communication networks or for other wireless networks".

Therefore, insist on the fact that cell phones are not named in paragraph.
True, we still have a second question and a small clue that cell phones are not technically complex goods.

The fact is that there is a special List dedicated to such goods, another one to Government Resolution No. 924.

It does not directly name cell phones, but it is still implied within the meaning.

Is the phone subject to return or exchange?

We’ll look at how to build a line of defense on this lead a little later. Because you ultimately get what you want, but you kind of make a concession to your “rival”, i.e. the store (in this case, the compromise is that you want to exchange the phone and not return the money).

Compromise is perhaps the best and least expensive solution to any problem.

Try to describe your situation to a representative of the store where you purchased the phone and ask to exchange the phone for another, more suitable model.

Letter About Exchange of Goods Sample -

It’s better to talk not with ordinary sellers (they don’t decide anything and only know the memorized phrases “do’s and don’ts”), but with senior employees.

This option is more suitable for large retail chains, where customers are often accommodated.

In a small online store, you will most likely be refused to exchange your phone.
It is better to contact the seller with a request specifically to exchange the phone, and not to return it - after all, no one wants to return the money, but the exchange is a more “painless” procedure for the store.
Trying to “find” a compromise with the seller, still show your firmness and competence.
Communicate with him not beggingly, but not in a dismissive and defiant manner.

The conversation can be conducted in the following direction: “Unfortunately, the phone did not work (give the reason).

I am your regular customer, I really like your store, I plan to continue to buy equipment from you in the future, I don’t want to cause you problems, but I also find it very inconvenient to use this phone.

In addition, you know, the issue of returning a cell phone is very controversial.

But is it possible to return a working phone, and if so, how? If there is a difference in the cost of the returned product and the one taken for exchange, the seller makes a recalculation.

However, this rule does not apply to goods that are listed in the List established by Decree of the Government of the Russian Federation No. 55 (it concerns non-food products of good quality that cannot be returned).

11 stipulates that it is impossible to return some types of serviceable equipment if it relates to technically complex goods.

At one time, even Rospotrebnadzor said that it could be returned within 14 days.

The phone is technically complex

In any case, it’s not worth trying one option first and then the other.

Especially if you plan to defend yourself further in court.
In this case, the store will submit all your statements to the court as evidence of your uncertainty.
And it will immediately become clear that you do not have a reasoned position, you just want to return the phone, which has become unnecessary to you, to the store by any means.
On October 22, 2010, a letter “On the exchange of cell phones” was published on the Rospotrebnadzor website.

The general meaning of this letter is that a cell phone is not a good quality product that cannot be exchanged.

Returning a cell phone taken from. —

Therefore, the provisions of Art.

25 of the Law “On Protection of Consumer Rights”: a cell phone can be returned or exchanged within 14 days, not counting the day of purchase.
If a store refuses to return money for a product or exchange a product, then this is grounds for bringing it to administrative responsibility under Art. This letter was later removed from the Rospotrebnadzor website, which was explained by a technical error.
In this regard, the question arose about the possibility of applying the position set out in the deleted letter, and ultimately, about the possibility of returning the cell phone.
Next, we will try to reveal all aspects of this problem and answer the questions posed.

Typically, Rospotrebnadzor proceeded from the fact that a cell phone belongs to household radio-electronic equipment and, in accordance with paragraph.

11 The list of non-food products of good quality that cannot be returned or exchanged for a similar product of a different size, shape, size, style, color or configuration (hereinafter referred to as the “List”) cannot be returned or exchanged within 14 days from the date of purchase.

In a deleted letter, Rospotrebnadzor for the first time tried to justify that a cell phone does not belong to household radio-electronic equipment, using data from the All-Russian Product Classifier (hereinafter referred to as OKP), approved by Decree of the State Standard of the Russian Federation No. 301.

Returning a proper cell phone

Let us note that Rospotrebnadzor’s letter is not an act containing mandatory rules of conduct, therefore its removal from the official website does not in any way affect the argumentation set out in it.

In the deleted letter, Rospotrebnadzor indicated the following: in accordance with OKP, radio-electronic household equipment belongs to the class of goods with codes OKP 65 8000 – OKP 65 8900.

Returning a cell phone taken from. —

And according to, for example, a certificate of conformity, a cell phone is a product with the official name “portable radio station” and has the OKP code 65 7140.

Therefore, a cell phone is not consumer electronic equipment and does not belong to goods that cannot be exchanged or returned.
The use of OKP as a criterion for classifying a specific product into a particular group is complicated by the fact that OKP was approved at the end of 1993 and, of course, is partly outdated.

On the other hand, today there are no other acts that would fully replace the OKP and that could be used instead. Of course, it is impossible to leave the issue of classification of goods solely at the discretion of the law enforcement officer.

Mobile phones: repair, replacement and refund

Article 25 of the Law of the Russian Federation “On the Protection of Consumer Rights” provides for the consumer’s right to exchange a non-food product of proper quality for a similar product, if the product does not fit in shape, dimensions, style, color, size or configuration, within fourteen days, not counting the day of its purchase .

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The same article of the Law determines that the List of goods that are not subject to exchange on the grounds specified in this article is approved by the Government of the Russian Federation. In accordance with clause 11 of the “List of non-food products of good quality that cannot be returned or exchanged for a similar product of a different size, shape, dimension, style, color or configuration”, approved by Decree of the Government of the Russian Federation No. 55 of January 19, 1998, they are not subject to return or exchange

“technically complex household goods for which warranty periods are established (household metal-cutting and woodworking machines; household electrical machines and appliances; household radio-electronic equipment; household computing and copying equipment; photographic and film equipment; telephones and fax equipment; electric musical instruments; electronic toys , household gas equipment and devices)"

Federal Service for Supervision of Consumer Rights Protection and Human Welfare

Letter

About cell phone exchange

The Federal Service for Supervision of Consumer Rights Protection and Human Welfare, taking into account the increasing frequency of citizens’ complaints against cell phone sellers, draws citizens’ attention to certain aspects of the legal regulation of legal relations in this area.

In particular, we are talking about cases where cell phone sellers refuse customers to exchange goods of good quality for a similar product of a different model.

According to sellers, in accordance with the List of non-food products of good quality that are not subject to return or exchange, approved by Decree of the Government of the Russian Federation of January 19, 1998 No. 55, a telephone set, a cell phone, being household radio-electronic equipment, belongs to technically complex household goods and, cannot be exchanged.

The Federal Service for Supervision of Consumer Rights Protection and Human Welfare explains that, according to clause 26 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 No. 55, the buyer has the right, within 14 days from the date of transfer of non-food goods quality, if a longer period is not announced by the seller, exchange at the place of purchase and other places announced by the seller, the purchased product for a similar product of a different size, shape, dimension, style, color or configuration, making the necessary recalculation with the seller in case of a difference in price .

In accordance with the All-Russian Product Classifier OK 005-93, household radio-electronic equipment belongs to the class of goods with codes OKP 65 8000 – OKP 65 8900.

For example, according to the certificate of conformity, a cell phone is a product with the official name “portable radio station” and has the OKP code 65 7140, which belongs to the product class - radio communications, radio broadcasting and television for general use. Consequently, the product name “cell phone” is commonplace and this product does not belong to the product class – household radio-electronic equipment.

Also, cell phones do not belong to telephone devices, since the telephone has an OKP code of 66 7310.

Thus, the refusal to exchange the specified cell phone of proper quality for a similar product of a different model is unfounded.

If there are complaints from citizens about the refusal to exchange a cell phone of proper quality for a similar product of a different model, the territorial bodies of Rospotrebnadzor are authorized to bring cell phone sellers to administrative liability under Art. 14.15 of the Code of the Russian Federation on Administrative Offences.

As a brief commentary on this letter, please see our post “Returns and exchanges of cell phones“
Return of goods, Consumer disputes

Take responsibility for your purchases

The head of the relevant department of the regional department of Rospotrebnadzor, Svetlana Yakushevskaya, helped our correspondent figure out how to avoid dangers and what to do if rights were violated.

Example: Last year, several residents of Poronaysk complained about selling expired goods in one of the stores.

There were a lot of requests, so Rospotrebnadzor conducted an unscheduled inspection. The complaints were confirmed, the owner of the outlet was obliged to return the money to customers. If violations continue, the store may be closed. There are other types of complaints. The seller recommended certain products, and already at home the consumer realized that the characteristics did not correspond to the declared ones. For example, instead of marshmallows without sugar and preservatives, the woman was sold regular marmalade.

In this case, it is extremely difficult to prove that the seller really deceived the buyer.

Can Rospotrebnadzor return a cell phone?

The goals of creating this site are: increasing the legal literacy of everyone and providing a new type of legal assistance - via the Internet.

Situation: You bought a mobile phone, and when you looked carefully at home, you realized that it doesn’t fit (you don’t like it). What to do?

There were a lot of requests, so Rospotrebnadzor conducted an unscheduled inspection. The complaints were confirmed, the owner of the outlet was obliged to return the money to customers. The selling company has 10 days to make a decision, then the consumer can write a complaint to Rospotrebnadzor or file a statement of claim in court.

Sellers often refer to the fact that, in accordance with the List of non-food products of good quality that are not subject to return or exchange, approved by Decree of the Government of the Russian Federation of January 19, 1998 No. 55, a telephone set, a cell phone, being household radio-electronic equipment, belongs to technically complex goods for household use and cannot be exchanged.

When purchasing used cell phones, the seller is obliged to warn the consumer about shortcomings in the phone, if any, and hand over the documents attached to the phone (instructions, passport, warranty card if available).

There is another way that helps to get a refund for such a technically complex product as a mobile phone if an unlawful refusal was given - this is to go to court. It is quite complex, but it often allows you to achieve positive results.

Only by firmly knowing his rights and correctly justifying his actions, skillfully using the terms and articles of the Russian Federation PZPP, will the buyer be able to return a mobile phone or smartphone to the store without any problems.

The buyer has the right to change the mobile phone within two weeks after purchase

The buyer has the right to change a working mobile phone within two weeks after purchase - this clarification was issued by Rospotrebnadzor.

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Salons that refuse to exchange may be subject to administrative liability. Such rules may provoke unscrupulous users who want to rent cell phones for free for two weeks. The current law on the protection of consumer rights states that the buyer has the right to exchange a non-food product of good quality for a similar product within 14 days from the date of purchase - if it is not suitable in shape, dimensions, style, color, size or configuration.

Legal company eyeright

A sample application for return, exchange of goods or refund can be downloaded here. A sample statement of claim for the protection of consumer rights in court can be downloaded here. How to speed up the exchange or return process? You can use a little trick: the Law “On Protection of Consumer Rights” stipulates that the seller must provide complete information about the product. But, as a rule, store consultants often do not talk about the lack of any functions in a certain product model, because their goal is to sell.

In addition, instead of detailed instructions, modern phones come with only a short user guide. Therefore, when contacting a store with a request to return or exchange a product, you may well refer to the fact that upon purchase you were not provided with comprehensive information about certain functions of the product. Often the store is more willing to agree to exchange goods.

Info

There are no smartphones in it. You can only find “telephones and consumer electronics” in the corresponding list. Modern telephones are officially recognized as portable transmitting stations. And they have nothing to do with telephones. This means that a smartphone is not included in the list of technically complex goods.

The truth is out there. And what happens in the end? Is it possible to return a working phone to the store? Yes. Moreover, such devices are allowed for exchange. For example, with additional payment. Over a certain period of time, each person will be able to exchange non-food products or return money for them. Even if the products are of high quality. Deadline Can I return a new phone to the store? Modern citizens have the right to this. And this is despite the fact that many sellers refuse to accept devices back.

Rospotrebnadzor is engaged in increasing consumer literacy

As part of the World Consumer Rights Day, held under the motto “Consumer Rights in the Digital Age,” the Department and the Federal Budgetary Institution “Center for Hygiene and Epidemiology in the Leningrad Region” held a number of events, the main goal of which was to attract the attention of the population to existing problems in this area in order to increase consumer literacy.

In this case, the item being replaced must have no traces of use, retain its presentation, consumer properties, seals, labels, etc. In addition, the law allows the buyer to return the product and get the money paid back if at the time of his contact with the seller there is no alternative desired model for replacement .

On the eve of the holiday - March 14, 2020, the Government of the Leningrad Region held a regular meeting of the Interdepartmental Coordination Council for the Protection of Consumer Rights. Issues regarding the implementation of the subprogram “Development of a system for protecting consumer rights in the Leningrad Region” of the state program of the Leningrad Region “Sustainable Social Development of the Leningrad Region” in 2020, the results of the work of the Office in 2020 and the main areas of activity for protecting consumer rights for 2020 were considered.

Office of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare for the Orenburg Region

The Southern Territorial Department of the Rospotrebnadzor Office for the Orenburg Region in relation to Vector LLC, which provides cold water supply to residents of the village. Dnieper, Belyaevsky district, Orenburg region, an inspection was carried out.

Read more >> A general meeting of owners of premises in an apartment building is held for the purpose of managing the apartment building by discussing issues on the agenda and making decisions on issues put to vote (Article 44 of the Housing Code of the Russian Federation).

Returning a mobile phone of good quality

But should we take this fact into account? After all, since 2020, OK 005-93 is no longer valid, and in its place OK 034-2014 (OKPD2) was introduced, which contains a completely different category and codes. Among them is the encoding 26.30.22 “Telephone devices for cellular communication networks or for other wireless networks.”

When sending the phone to the service center, the seller does not have the right to take the receipt, product passport and warranty card from the buyer. Without these documents, you will not be able to prove your case and defend your rights.

All information and materials posted on this site are presented for informational purposes only; they do not constitute and cannot be construed as a public offer, legal advice or advice.

Situation: You bought a mobile phone, and when you looked carefully at home, you realized that it doesn’t fit (you don’t like it). What to do? In this case, the consumer can exchange the purchased item from the seller. As reported in the Letter, the publication of the letter is due to the fact that cases of consumers turning to Rospotrebnadzor have become more frequent due to what, in the opinion of some sellers, is a cell phone.

The head of Rospotrebnadzor, Gennady Onishchenko, denied information that appeared in the media that cell phones have been removed from the category of complex household appliances, and that, therefore, the buyer can return them to the seller within 14 days without explanation - like any other non-food product.

It will need to describe the situation and refer to the fact that phones are not technically complex products. 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 with which we have already become acquainted.

Rules for exchanging and returning a phone

A period of two weeks is given to the buyer to identify defects in the purchased product, as well as whether he likes using it. Within 14 days, you can contact the store, where you should explain the problem in writing and ask for an exchange or refund. Having a receipt and packaging for the product is desirable, but not required,

Please note: if the gadget was purchased through an online store, the return conditions will be different.

Remote registration of the phone is based on the product descriptions on the website and photos. The user does not have the opportunity to check the display sample. In this case, the purchase can be returned within a week, regardless of what characteristics the telephone has.

Note: if the conditions in the offer agreement for delivery are not documented, then the return period is 3 months.

Consumer powers

Example No. 1: the purchased phone is not a technically complex product, but after the transaction a defect was discovered.

With a warranty card issued, the user has the right to demand an exchange or return within the period specified by the manufacturer. However, here we are talking about a manufacturing defect, and not about mechanical damage to the phone during use.

If a coupon was not issued for the product, then the consumer must provide evidence, or conduct an independent examination, that the problem arose before the transaction was completed. When the results of the survey reveal that the consumer is right, the seller is obliged to reimburse the costs spent on the services of the service center.

Example No. 2: a smartphone, which is a technically complex product.

In this case, the funds can be returned within a 15-day period. Filing a claim with a request to return or exchange a product within the specified period is permitted under the following circumstances:

The device turned out to be technically unsuitable for use. The reason is a manufacturing defect, i.e. a significant flaw.
The repair period in the warranty workshop is more than 45 days. After the period expired, the phone was not handed over.
As part of the warranty, the consumer was forced to return the equipment to a service center for a period of more than a month.

Please note: a significant drawback is a technical problem that cannot be eliminated in a short time.

Seller's rights

The interests of the seller are also established by Article 5 of the POPP:

At the time of sale, the organization has the right not to sign an additional transaction agreement. A financial document in the form of a check, receipt or account statement is equivalent to a monetary policy.
Set a mark indicating agreement or disagreement with the claim.
When checking or controlling the goods, the seller is authorized to give explanations.
Send complaints to regulatory authorities.
Demand compensation for losses caused during the measures taken by employees of the government department.

Step-by-step instruction

If the seller and buyer are unable to reach a peaceful settlement of the dispute, then the user has the right to act in the format of pre-trial proceedings. To do this, a claim for return of goods is filed.

There are no special requirements for such documents in the legislation, but it is necessary to formulate statements in accordance with office work standards:

the form of the citizen and organization is recorded in the header;
description of the fact of purchase;
list of product defects;
the result of an oral conversation with a seller or senior store manager;
request for exchange, repair or refund;
desired time frame for solving the problem;
at the end of the text - date, signature.

The attached elements of the evidence base are listed separately:

photo;
examination report;
warranty certificate;
fiscal receipt for the purchase.

Documents are listed separately by number and are drawn up as an attachment to the claim.

The next step is to send a registered letter with an inventory to the legal address of the enterprise. The second option is handover in person at the office under the signature of the responsible person. Two copies of the application are prepared - one for each party.

If after the end of the period specified in the complaint (10 days) there is no response, you need to petition the court or supervisory authorities.

Rospotrebnadzor (booth)

In particular, we are talking about cases where cell phone sellers refuse customers to exchange goods of good quality for a similar product of a different model. According to sellers in accordance with

“List of non-food products of good quality that are not subject to return or exchange”

, approved by Decree of the Government of the Russian Federation of January 19, 1998 No. 55, a telephone set, a cell phone, is household radio-electronic equipment and is not subject to exchange.

The Department explains that according to clause 26 of the “Rules for the sale of certain types of goods”, approved by Decree of the Government of the Russian Federation No. 55 dated January 19, 1998, the buyer has the right to within 14 days from the date of transfer of non-food goods of proper quality to him, unless a longer period is announced by the seller , exchange the purchased product for a similar one at the place of purchase and other places announced by the seller