How to write a claim for a refund for a phone?

In what cases can you get a refund for a phone?

A mobile phone is a technically complex product and you cannot return it to the seller within 14 days from the date of purchase, just because the phone does not match the color, size or configuration!

In accordance with Article 18 of Law No. 2300-1 “On the Protection of Consumer Rights”, if within 15 days
from the date of purchase of
the phone, the buyer has the right:

1. Request money paid;
2. Submit a request to replace a phone of the same brand or with the same phone of a different brand with a corresponding recalculation of the purchase price.

After 15 days, these requests for a refund for the phone under warranty can be submitted in the following cases:

1. Detection of a significant defect in the product;
2. Violation of deadlines for eliminating deficiencies (no more than 45 days);
3. Inability to use the phone during each year of the warranty period for a total of more than thirty days due to repeated elimination of its various deficiencies.

If the phone has at least one of the following shortcomings, then the quality of the phone is considered inadequate, and the phone has a significant drawback:

• The deficiency is irreparable;
• The deficiency cannot be corrected without disproportionate expenditure of time;
• The deficiency is identified repeatedly;
• The deficiency appears again after it has been eliminated, etc.

Contents of the document

Before you start directly drawing up a claim, in addition to pen and paper, you should also have the Law “On Protection of Consumer Rights” .

The claim itself is drawn up as follows :

1. In the upper right corner of the paper, write the address, contact details and name of the organization to which you plan to file a claim. concerning the consumer is also indicated here .
2. Claim is written in the center of the sheet .
3. Under the title of the document, the events that occurred are briefly described : when, where the purchase was made, what specifically demonstrated its inadequate quality, and what confirms the fact of the purchase. If you know the last name, first name and patronymic of the seller, they will also be useful.
4. Then you should indicate that the seller organization is violating your rights (in accordance with the Law “On Protection of Consumer Rights”) and demand that the defects in the product be eliminated. In this case, you must make specific demands - return the money spent or replace the cell phone.
5. It is also necessary to stipulate the consequences that will arise if the claim under the specified conditions is not considered or satisfied.
6. Upon completion, you must sign , indicate the date and make a photocopy of the document.

The original application should be handed to the seller , and the latter must sign the copy and specify by whom and when the claim was received.

This copy must be saved .

If you refuse to provide a signature when receiving a claim, you should send a copy by mail .

Ideally, do this by registered mail with return receipt requested.

In this case, the seller will have no reason to claim that he did not receive the document.

Sample claim for phone return

This article provides an example of a claim for a refund for a phone of inadequate quality on the following grounds:

1. Detection of a significant deficiency (in our example, a significant deficiency is a deficiency that is detected repeatedly);
2. Inability to use the phone for more than 30 days due to repeated elimination of deficiencies.

At the same time, each individual reason described above is an independent reason for returning money for the phone.

Terms for returning a phone of inadequate quality to the store

The consumer has the right to return the mobile phone, based on articles of the Consumer Rights Law numbered 18 and 19.

• If a significant defect is detected within two years (warranty period);
• Within the first two weeks, if any evidence of poor quality of the mobile phone is found.

Claim for return of goods of inadequate quality - sample

This document is always written on behalf of the buyer, as accurately as possible it reflects the essence of the problem and, possibly, information about incorrect consultation by company employees about the properties of the purchased item. It is always preferable to make references to specific articles of law in a complaint. Such a step will increase your chances of a positive outcome in solving the problem. The structure of the claim must correspond to the following points:

• To whom is it addressed (store, communication store, etc.);
• Exact product name, article number;
• A cash receipt is presented (you can keep a copy of the receipt) or other payment documents (when paying with electronic money, for example);
• The inadequate quality of the item of trade is described in a reasoned manner;
• The stated demands are listed (money back, exchange, etc.);
• The date of writing, signature, and contact details of the buyer must be indicated.

About filing a claim for the return of goods of proper quality (based on the 2020 model) it is written in another material.

Direction of claim

The claim must be printed in two copies, one copy for you and the second for the seller. On your copy, the seller’s representative must write your full name, sign and date it. The text of the complaint contains an indication that you are asking to accept the goods, so there is no need to additionally ask the seller whether he accepted your phone or not, if it would be safer for you, it would be better to ask to write.

In order to avoid any disputes in court that the phone was accepted by an improper representative of the seller, I advise you to make a copy of the claim of your copy with the seller’s mark of receipt and send it to the seller by mail to the address of the legal entity. The letter should be sent with a list of the attachments with a return receipt.

You can look at the address in the Extract from the Unified State Register of Legal Entities (on the first or second page), for this you will need the TIN of the legal entity (TIN is indicated on the check). The extract can be ordered online on the tax website without registration at https://egrul.nalog.ru.

How to file a claim for a defective phone?

The claim is submitted in two copies, one of which remains with the seller. On the second, he puts an incoming stamp, writes his full name, signs, and then returns the document to the client.

It happens that a citizen does not have the opportunity to visit the store in person and submit an application. In this case, he has the right to issue a notarized power of attorney to a third party, who will carry out all the necessary actions for him.

Documents can also be sent by mail using a registered letter with notification. It is advisable to make an inventory of the investments so that you have confirmation that a claim was sent to the seller. After receiving the correspondence, the store employee signs the notice, which is returned to the sender.

We must remember! Some sellers provide the ability to file a claim through their website. Therefore, you should find out this information from the store and clarify what is the procedure for submitting requests through the electronic feedback form. This method is convenient when the goods are purchased remotely and the selling organization is located in a place remote from the citizen.

Sample letter to the service center

What to do if restoring the phone under warranty did not help eliminate the stated defects? First, you should personally contact the service or seller and try to resolve the dispute peacefully. If this does not help, you need to file a claim for phone repair. Be sure to include :

1. Information about the service center.
2. Information about defects and defects, as well as the moment and condition of its occurrence.
3. The essence of the complaint: lengthy or poor-quality repairs, the appearance of new defects.
4. Requirements: assessing the quality of the device, restoring it or returning it to the store.

You should write a claim on paper and in two copies, one of which will remain in your hands. This will allow you to further prove the fact of contacting the service.

The main requirements that must be indicated in the claim are repeated repairs, quality assessment, and refund. Do not neglect the opportunity to return money for goods if there are legal grounds for this. The buyer also has the right to request a penalty and compensation for moral damage.

Claim after checking the quality of the phone

The consumer’s right to exchange goods of good quality is understood as the opportunity to replace something that is not very pleasant or does not suit some parameters. No problem exchanges are carried out within 14 days from the date of purchase . In other situations, in order to return (exchange) purchased items, the following conditions must be met:

• The product must not have scratches, dents, other signs of damage, or traces of active use, that is, it must have the same appearance as at the time of purchase . All labels and seals must be preserved;
• the packaging of devices and tools must not be damaged or torn when opened;
• the buyer has a sales (or cash register) receipt;
• the buyer discovered that the products were not completed as described in the accompanying documentation ;
• the person simply didn’t like the item or didn’t suit it.

I immediately returned the phone and demanded a refund...something is not working out for them with a refund without cash.

If a decision is made to conduct a quality check (additional quality check, examination), I ask you to inform me in advance in writing about the place and time of its conduct in order to exercise my right to participate in the inspection and (or) examination of the goods.

I sent the phone to the store for quality control with a complaint. 20 days have passed and still no response. What are the response times for preta?

I purchased a laptop from a chain store. The next day I took it back because its software was buggy (updates were not installed and Windows Defender Center did not work). I filed a claim for a refund. The laptop was taken for quality control. The store does not want to return the money within the established period of 10 days, arguing that the quality check takes 21 days. Who is right? So what should I do?

Experience as a lawyer since 2003. Graduated from the Moscow State Open University with honors. Specialization: consumer protection.

A product of inadequate quality must be replaced with a new product, that is, a product that has not been used. When replacing a product, the warranty period is recalculated from the day the product is handed over to the consumer. Based on the above: I ASK 1. Carry out warranty repairs for a brand .2 phone.

Now about drawing up a claim: Below we offer you a sample claim for the return of goods of inadequate quality.

You bought a new phone, but bad luck, it’s faulty! Your brand new phone has some flaws. The main thing that needs to be found out here is what is the cause of the malfunction.

However, there is not a single article of legislation that would confirm that a defective phone cannot be exchanged or simply returned to the store.

Thus, the PZPP in its provisions indicates the manufacturer, performer, seller, organization authorized by the manufacturer or seller, importer. Among the possible requirements presented to the party to the contract that has violated your rights, there may be both basic and additional; in this case, the main claim can be presented only to one obligated person.

Information regarding who exactly to file a claim against can be obtained from the seller or found on the notice board in the store.

When replacing a low-quality mobile phone with another phone, a warranty card belonging to the new product is issued, and the warranty period is counted from the date of replacement.

If the claim is rejected, in order to protect my rights and legitimate interests, I will be forced to go to court demanding compensation for penalties, moral damages, as well as a fine to the state in the amount of half the price of my claim.

These deadlines are established by law and depend on the specific requirement.

• For example, a request to replace a product - 7 days are allotted for this, but if the seller intends to conduct additional quality checks - up to 20 days.
• To satisfy the request for a refund - 10 days are allotted (including quality control if necessary)

I immediately notified the employees of the administration of store No.__ LLC "_________" about what happened, who have not taken any specific measures to date.

Technically complex goods (from the List)

The first 15 days from the date of purchase

Situation 1. In the first 15 days, you managed to submit a claim for a return/exchange, or at least made a note about the return/exchange in the delivery certificate.

1. After receiving a message from the store about the return of the product from inspection, go to the store and personally check the functionality of the product.
2. If the product is in good condition (there is no defect declared upon delivery) + the certificate does not indicate anything about updating the software, resetting settings, etc.:

• you will have to pick up the product from the store and continue to use it until new defects are discovered;
• If defects appear after the first 15 days from the date of purchase, a return or exchange will be possible only in 3 cases: a) a significant manufacturing defect; b) violation of warranty repair terms; c) repeated warranty repairs within 1 year of the warranty period in the amount of more than 30 days.

1. If the product is in good condition (there is no defect declared upon delivery) + the certificate indicates a software update, reset, or the store performed warranty repairs, despite your request for a return or exchange:

• At your request (optional): write a second claim to the store for a refund/exchange. In your claim, indicate that the product was submitted for inspection within the first 15 days from the date of purchase, and you requested a refund or exchange. According to clause 1 of Art. 18 of the Law of the Russian Federation “On the Protection of Consumer Rights” the right to choose a claim in connection with defects of the product belongs to the consumer, but the store violated this right of yours by making repairs instead of returning/exchanging. The claim must be handed in against signature. Wait 10 days for a response for a refund, 7 days for an exchange.
• If there is no positive answer, file a claim in court for consumer protection. An examination may be required in court to confirm that the defect has been eliminated. We also recommend that you familiarize yourself with the judicial practice in your region and the court where you will appeal in similar cases. From the clarifications of the Supreme Court it follows that a software update can be considered a repair, but in practice the position of magistrates and district courts may be different.

1. If the item is defective (there is a defect claimed by you or another manufacturing defect):

• Option 1: refuse to receive the goods (indicate your comments in ALL copies of the delivery certificate to the store: “The declared defect is present, has not been eliminated”) + submit a repeated claim for a refund or exchange against signature on your copy. Wait 10/7 days for response. If there is no answer/negative answer, file a claim in court for consumer protection. Please note that the court may require an independent examination of the product.
• Option 2: pick up the goods (indicate your comments in ALL copies of the delivery certificate to the store: “The declared defect is present, but has not been eliminated”). Conduct, at your own expense, an independent examination or paid diagnostics at an authorized service center to prove the presence of a manufacturing defect, the absence of your fault and violation of operating rules. Write a second claim to the store for a refund or exchange and reimbursement of examination/diagnostic costs. Submit against signature on your copy. Wait 10/7 days for response. If there is no answer/negative answer, file a claim in court for consumer protection.

Situation 2. In the first 15 days, the goods were simply handed over for quality control, the return/exchange claim was not handed over, and no note about the return/exchange was made on the return/exchange report.

It turns out that you did not have time to submit a request for a return or exchange to the store in the first 15 days from the date of purchase, that is, you missed the period during which a return/exchange is possible in the presence of any manufacturing defect.

1. Option 1: the product is in good condition. You will have to pick it up and use it. If any defect in the product appears again, you will make a return or exchange on a general basis, that is, in one of 3 cases: a) a significant manufacturing defect; b) violation of warranty repair terms; c) repeated warranty repairs within 1 year of the warranty period in the amount of more than 30 days.
2. Option 2: The product is defective.

• If a warranty repair was made (there is a certificate of elimination of the defect) + a similar defect appeared, you can try to get a refund for a significant defect that appeared after the repair.
• If there is no warranty repair report, the easiest way would be to re-register the product for warranty repair. You can pick up the product and try to return it for repair not through the store, but through an authorized service center. Perhaps the defect will be found and fixed there. A refund or exchange will be possible either if the warranty repair period is violated (45 days), or due to a significant irreparable defect (if there is a certificate of non-repairability from the service center).

During the warranty period, but after the first 15 days

Situation 1. The product was returned with a claim for return or exchange.

1. Option 1: the product is in good working order (there is no defect declared upon delivery) + the report does not indicate the repairs performed. You will have to pick up the product from the store and continue to use it until new defects are discovered. If defects appear, a return or exchange will be possible only in 3 cases: a) a significant manufacturing defect; b) violation of warranty repair terms; c) repeated warranty repairs within 1 year of the warranty period in the amount of more than 30 days.

1. Option 2: the product is in good working order (there is no defect declared upon delivery) + the certificate indicates a software update, reset, or the store carried out warranty repairs, despite your request for a return or exchange:

• At your request (optional): write a second claim to the store for a refund/exchange. In your claim, indicate that you requested a refund or exchange. According to clause 1 of Art. 18 of the Law of the Russian Federation “On the Protection of Consumer Rights” the right to choose a claim in connection with defects of the product belongs to the consumer, but the store violated this right of yours by making repairs instead of returning/exchanging. The claim must be handed in against signature. Wait 10 days for a response for a refund, 7 days for an exchange.
• If there is no positive answer, file a claim in court for consumer protection. An examination may be required in court to confirm that the defect has been eliminated. We also recommend that you familiarize yourself with the judicial practice in your region and the court where you will appeal in similar cases. From the clarifications of the Supreme Court it follows that a software update can be considered a repair, but in practice the position of magistrates and district courts may be different.

1. Option 3: Product is defective (there is a defect claimed by you or another manufacturing defect):
   Option 1: refuse to receive the goods (indicate your comments in ALL copies of the delivery certificate to the store: “The declared defect is present, has not been eliminated”) + submit a repeated claim for a refund or exchange against signature on your copy. Wait 10/7 days for response. If there is no answer/negative answer, file a claim in court for consumer protection. Please note that the court may require an independent examination of the product.
2. Option 2: pick up the goods (indicate your comments in ALL copies of the delivery certificate to the store: “The declared defect is present, but has not been eliminated”). Conduct, at your own expense, an independent examination or paid diagnostics at an authorized service center to prove the presence of a manufacturing defect, the absence of your fault and violation of operating rules. Write a second claim to the store for a refund or exchange and reimbursement of examination/diagnostic costs. Submit against signature on your copy. Wait 10/7 days for response. If there is no answer/negative answer, file a claim in court for consumer protection.

Situation 2. The product was returned without a claim for return or exchange.

1. Option 1: the product is in good condition. You will have to pick it up and continue to use it. If any manufacturing defect in the product appears again, you will make a return or exchange on a general basis.
2. Option 2: The product is defective. You need to check whether you have one of the reasons for a refund or exchange: a) a significant manufacturing defect; b) violation of warranty repair terms; c) repeated warranty repairs within 1 year of the warranty period in the amount of more than 30 days. If at least one of these grounds is confirmed by your warranty repair certificates, write a claim, hand it to the store, submit the product for quality control (yes, again), if there is no positive answer, go to court with a claim.

CLAIM

On January 01, 20___ (indicate the date of purchase) I purchased a phone _____________ (indicate the name and serial number) worth _____________ (indicate the cost) rubles in your store. The product comes with a 1 year warranty (if applicable). I did not violate the operating rules specified in the user manual, despite this, after three months (indicate the period of use or when a defect was discovered) of use, the phone stopped turning on (describe the nature of your defect). I applied for warranty repairs, but a month after the defect was eliminated, it reappeared, so the defect is significant.

Based on the above and in accordance with Article 18 of the Law of the Russian Federation “On the Protection of Consumer Rights,” I terminate the purchase and sale agreement. I demand a refund of the amount of money paid for the goods in accordance with Art. 22 of the Law “On Protection of Consumer Rights” deadlines.

1.Copy of the receipt (if available)

2.Copy of the warranty card (if available)

"__" __________ 20__

The claim is drawn up in two copies, one of which is transferred to the seller (manufacturer, performer), and on the second the seller (manufacturer, performer) makes a note about its receipt. Any employee of the seller (manufacturer, performer) can sign for receipt of the claim; you must ensure that your counterparty not only signs for receipt of the claim, but also sets the date of delivery.

Phones, like many other modern gadgets and household devices, have a warranty period that is set by the manufacturer. On average, smartphones today are sold in stores with a one-year warranty, however, the buyer can increase this period for an additional fee. What is the advantage of a fixed service life?

If during the warranty period your phone breaks down or shows any, even minor, defects, then you have the right to submit the device for repair. The seller is obliged to restore the device independently or through the manufacturer’s service center and return it to the owner free of charge.

Actions if there is no response

A claim is one of the forms of pre-trial resolution of a conflict with a store. The seller is obliged to make a decision on the buyer’s request within certain periods, which range from 7 to 20 days (Article 21 of the Law “On Protection of Consumer Rights”). But what to do if there is no answer to the complaint filed, as well as no action to resolve the issue of poor-quality phone repair?

Work carried out under warranty

A claim for phone repair can be submitted if the buyer is not satisfied with the quality of the work performed. It is possible that the reported defects were not completely eliminated or that new damage arose during the restoration process. In this case, you need to insist on re-checking your gadget.

If the device is in service for a long time and is not returned to you, then you need to write a claim for a refund of its cost. A complaint can also be made about poor-quality final work. But what to do if you are not satisfied with the quality of the device restoration?

In this case, you should contact Rospotrebnadzor with a complaint about the violation of your consumer rights or file a lawsuit. It is advisable to conduct your own independent examination of the quality of the phone before doing this. Its results must be indicated in the complaint sent to government agencies.

We insist on a refund

You can only get your money back for a phone that was never repaired under warranty in a few cases. The grounds for termination of the purchase and sale agreement will be :

• Impossibility of restoring the device or its high cost;
• Long delay of the device in service (more than 45 days);
• Repeated repairs.

If one of the described reasons exists, then you need to demand that the seller return the money for the purchase. This may have to be done through the courts. By the way, the warranty period will be extended for the period during which the smartphone was under repair.

Returning a smartphone of good quality

The Law “On the Protection of Consumer Rights” gives the seller the right to refuse to return a smartphone of proper quality as a technically complex product. However, within 14 days, the buyer can contact the seller and ask for a replacement of such goods. You can request a replacement for either a similar or any other product with compensation for its cost.

At the same time, a full refund can be made within these 14 days in 2 cases.

You can return it if

• If the seller does not have a replacement product of adequate quality
• If, due to the fault of the seller, he is not able to make a replacement, and the product is available in stock

In this case, the product must satisfy a number of conditions:

• The product has not been used
• Presentation and packaging preserved
• There is no violation of labels and seals
• Availability of cash or sales receipts

Filing a complaint

If the seller refuses to accept back a smartphone of proper quality, you can file a complaint in one of three ways.

Ways to file a complaint

• Direct contact to management or the claims department in the store;
• You can file a complaint with the Rospotrebnadzor department;
• Statement of claim to court.

Direct contact to management or the claims department in the store

Submitting a complaint to management or the claims department can be done verbally or by telephone. But it is recommended to apply in writing and write a complaint.

When drawing up a written complaint, free style is allowed. But the application must contain only reliable information. The complaint is considered within 10 days from the date of filing the appeal. And the answer itself must come in writing.

Complaint to Rospotrebnadzor

The most effective measure is to file a complaint with the Rospotrebnadzor department. The complaint can be made in free form, it requires a description of the current situation. In addition, it indicates the actions of the management and sellers regarding your complaint. On average, the proceedings take about a month, but often the answer arrives much earlier than this.

Statement of claim to court

There is another way that helps to get a refund for such a technically complex product as a smartphone 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.

It is recommended to file a lawsuit only in situations where Rospotrebnadzor provided an official response to the seller regarding the return of funds for the goods, but the seller ignored it and did not fulfill its obligations. In other situations, winning the case will be quite difficult.

Return to the online store

According to the existing “Rules of Distance Selling”, you can return high-quality, technically complex goods according to a simplified scheme.

Conditions

• If the buyer signed when delivering the goods, he can return it within 7 days
• If there was no receipt of receipt, a return is possible within 1 month

You can also request a refund for a smartphone purchased from an online store at any time before receiving the goods.

Return procedure

If the consumer wants to return the smartphone and get the money spent, the following steps must be taken:

1. To begin, the consumer must make a written statement and send it to the seller. The application can be written by hand and handed over to the seller personally, or it can be sent electronically to the seller’s email address;
2. If the product was purchased online, the application is sent by email or filled out on the website in a special form;
3. After this, the seller must fully investigate the application, then he takes action. All this is done in accordance with the deadlines established by law;
4. For online stores, 30 days are given to review and implement the decision. But regular stores must study the application and make a decision within 10 days;
5. The consumer may be notified of the decision made in writing or by telephone;
6. If the buyer is given a refusal or his application was ignored, he can contact other more competent authorities.

To submit an application, you do not need to have a special form. A regular A4 sheet is suitable for this. You must indicate your contact information, phone number, and email address. The application contains information about the purchased product - its name, date of purchase, reason. The following describes why you want to return it. A date and signature must be placed at the end. In addition, the entire list of required documents is attached to the application.

Alternative return methods

In some cases, there are nuances in the legislation that allow the possibility of returning a working smartphone back to the store.

1. Refund if the seller provided false information about the product or its characteristics. In this case, you must write a claim.
2. Return of defective goods is possible without explanation on the day of purchase.
3. By agreement of the parties.

How is quality checked?

The first thing you should know is the procedure for repairing and refunding money for a low-quality phone. Remember: you cannot simply exchange or return the device. In accordance with the law, a store can accept a smartphone for warranty service to eliminate defects. Refunds are provided only in certain cases.

Before taking the phone to the store for inspection, the seller will make a detailed inventory of its condition and defects. If the device shows signs of disassembly or moisture, then service may be refused. An inventory is also drawn up after the smartphone has been repaired, in which the buyer agrees that the device is in good condition.