How to return a mobile phone to the store. We study the legal foundations

I want to leave my feedback on the work of the Know-How store, Troika shopping center (Auchan-Sokolniki). I needed a new one mobile phone by Friday 07/26/19, so I arrived at the store in advance on Wednesday 24.07, I was met by a friendly seller named Vyacheslav. Vyacheslav well done, he helped me decide on the model of the phone, printed out a coupon with a discount of 500 rubles. and agreed that they would bring the phone the next day, since only a copy from the showcase is available. At that time, Alena, the director of the store, was also nearby, I asked if I could pay with a Halva card, she answered yes, plus I had 416 points accumulated on the store’s account, which can also be used, a total discount of 916 rubles, plus an external battery as a gift Power bank, upon purchase this model. In the afternoon, Vyacheslav called me, said that the phone was brought to the store, I arrive on Thursday 25.07 half an hour before closing, the employees for 20 minutes cannot find where they put the phone, they still found it, cheers! Further it turns out that the discount is 500r. and the points are 416, they don’t add up, after another five minutes, Alena tells me, there’s no discount at all, so the Power bank is a gift, I think it’s okay, I chose another cover. I present the Halva card for payment, in response to a refusal, they tried several times, it doesn’t work, there is enough money in the account. I ask the employees, I don’t know why the payment is not going through, no one knows, they started to figure it out, I got through to the bank, it turns out that Halva works only if you pay through the site, now the employees know about it, cheers! Made a payment, got an email cash receipt, I show Alena, she says, I need a code from SMS, SMS does not come. Time 22h 10 min. the working day is over, so there is no SMS, you can pick up the phone only tomorrow. Aleksey, Alena tells me, since everything has been so long, the phone will work for you for a very long time, don’t worry, tomorrow they will call you, send an SMS, and you will pick up the phone, I will be there from 13.30. Well, I have no complaints, I think okay, anything can happen, we parted on a positive note. Tomorrow is coming, or rather Friday, they called me from the Know-How company, I explained the situation again, they sent me an SMS with a code, everything is fine! I arrive, one of the sellers immediately recognized me, the third day I already come to work)), I immediately took out a phone, a case and a Power bank. I printed out the invoices, and then the stopper, I ask what's the matter, he says the invoices are not ordinary printed out, we find out where to put the signatures. After about 20 minutes, a girl named Natalya called me to complete the documents, finally everything was completed, she gives me my set, I asked for a package, and asked me what kind of papers I should? Then again, waiting, figuring out how to print this or that document, all this time I have been patiently waiting! Well, that’s all, I want to say thank you, and Natalia says to me, Alexey, you know, you are not entitled to a Power bank gift, because you made the payment through the site, and not in the store, I almost collapsed from my chair! I could not believe my ears, I say call the director Alena, and she replies that it was Alena who told her! What decision did I make? We issue a refund, and Natalia and I processed the documents for another hour. Bottom line, this is the feeling when you were deceived, thrown, but this is a chain of stores under famous brand! I wish everyone not to be deceived, and to come in a great mood!!!

You can return a mobile phone on the basis of Article 25 federal law"Consumer Protection". If the phone after the purchase revealed significant flaws, you can return it to the store and demand a refund or exchange for another phone.

To do this, you need to clearly know your rights. Many sellers take advantage of the legal illiteracy of buyers and deliberately mislead them.

Return of a low-quality phone is possible within 14 days after purchase, not counting the day of sale. Moreover, a return is also possible when you have lost a sales or cash receipt. The phone must retain consumer properties, have a presentation, as well as factory seals and labels.

The topic of our article is the procedure for returning mobile phones to the store, the rules for communicating with sellers and the competent preparation of claims for returns.

Can I return a phone of good quality?

Ways to return a working phone to the store

There are several ways to return a high-quality mobile phone:

Agreement with the seller. If you want to return a working phone to the store, you should ask not for a refund, but for an exchange for another model. Not every seller will agree to return money for a quality phone, and the law will be on his side. Much more willing to accept an exchange. But it is better to talk about this with management, and not with ordinary sellers.

Asking to exchange a phone is worth it in large chain stores, in small retail outlets or in online stores they are reluctant to meet the buyer. Communication with sellers should be built not in a begging or nervous tone, but in a restrained and respectful manner, demonstrating good knowledge of the issue.

If the seller refuses to meet you, it makes sense to write to the store management. It specifies the specific reasons for the request. You can return the goods only in its perfect presentation, if you did not use it at all.

Management's refusal to satisfy the claim But when filing a claim, one must remember that now the court does not have a single position on whether a mobile phone is a complex or not complex technical product. The decision of the issue can be both in your favor and in favor of the seller.

A warning

Returning low-quality phones is a simple matter, it is enough to know a few basic rules:

set in 10 days after the claim.
It is possible to return a low-quality phone during the entire warranty period after the purchase, if a defect is found in it that cannot be eliminated or takes too long.
Some sellers may claim that the defect is insignificant and the phone cannot be returned based on the list of technically complex goods. But when returning low-quality goods, a different list applies - Art. 18 POZPP.
The procedure for returning the phone should be completed through a written claim with a signature on delivery, so that in case controversial situation Do you have documentary proof of your claims?
appointed by the seller, can be challenged in court if its results do not satisfy the buyer.
The warranty period assumes that the seller is obliged to prove the unlawfulness of the buyer's claims for return. If the warranty period has come to an end, the obligation to prove defects in the phone falls on the shoulders of the buyer.

The procedure for returning money or exchanging a low-quality phone is as follows:

If this is not enough, a written claim to the management is written. The store must respond to the application within 10 days.
After 10 days, the seller will either satisfy the return request or appoint an independent examination to find out the reasons for the marriage. If the examination proved that the fault is the buyer, the store will require the buyer to reimburse the costs of the procedure.
Doubts about the honesty of the examination lead to an additional examination, independent of the seller, or to challenging the results of the previous procedure in court. To file a claim with the court, you should prepare an application and attach documentary evidence of the transaction to it (checks, sales contracts, a copy of the claim, etc.).
The court decides in favor of the buyer or seller. If the consumer's claim is satisfied, he himself chooses the further development of events (exchange for another phone, refund or otherwise).

Attention

An alternative solution may be a written appeal about the violation of consumer rights Or filing an application with it along with a lawsuit in court.

Procedures for returning phones of proper or inadequate quality have significant differences. Returning a phone within 14 days is much easier if it is defective. But in any case, contacting the judicial authorities or Rospotrebnadzor will help solve the problem.

Sample Documents

I bought a Samsung Galaxy about a month ago from Ataev Oraz. I don’t remember the model anymore (like j5 2016), because I wanted to buy an IPhone 5s, which this store didn’t have. The young man advised to buy this one, as they are similar in characteristics. I did not understand this, but I urgently needed a phone, because mine was broken, so I bought this phone. The seller for a long time imposed various other services on me, which I barely refused. I explained to the young man that I didn’t need anything extra, the main thing was that the phone was brand new, unopened. He confirmed it. I examined the phone, after the seller removed the film from it in front of me, we turned it on, inserted the SIM card, everything was more or less normal. I didn't notice any complaints. I went out with a purchase and looked around other stores and made sure once again that there is no IPhone of this model. Then I made a call from this phone and went to the Internet to make sure about the Iphona. On the website (there was no store) of MTS, I saw the sale of the IPhone 5s and immediately placed an order, after which I put the phone back in the box, hoping to return it as soon as possible. And so I returned to this store a day later to return the phone. I found Oraz and thanked him very much for the consultation, but I don’t need a phone, issue a return, since I found my IPhone on the MTS website. The young man examined the phone and called the administrator's girl. It turned out that I had small scratches on the outer side metal skin, which could really be seen only at some certain angle in the light. I was very surprised by this and said that the phone was given to me like this and that I did not use it for more than 20 minutes, after which I put it under the film and in the box, and then in the bag. Trucks carry these boxes to shops from a factory near Podolsk, where Samsung products are assembled, and nothing is all right. I will note. The box was a little wrinkled when sold, but I didn't bother with it. In general, the seller tensed up, but the administrator girl said a phrase that touched me to the core: “Somehow strange. I wouldn't buy a phone in this condition." That is, it turns out that I scratched the phone in some way and I want to hand it over. What nonsense. I said that I did not care, and I was offered to do an examination in this case. I asked how long it was and they told me it was about two weeks. This did not suit me, since I needed money for my brand new iPhone. I sent everyone a good obscenity right in the store in front of the buyers and within a week I sold this phone on Avito for 10,000, while losing almost a third of the cost of the phone.
I will not buy anything else in this store and will go around for a kilometer.

About Store
KNOW-HOW is a network of digital electronics stores of a new European format. In 2013, ION entered into a partnership agreement with Beeline on the construction of a retail federal network stores and creating an online store under the KNOW-HOW brand. KNOW-HOW is the first digital mobile electronics store in Russia, combined with a full-fledged Beeline customer service office. In the KNOW-HOW, the buyer will be able to find top models of laptops and ultrabooks, tablets, more than 300 models of smartphones and phones, digital cameras and action cameras, smart watches and other smart media devices. Benefits for KNOW-HOW clients: - Loan programs and installments Requirements for the borrower: citizenship of the Russian Federation, age from 20 years, depending on the conditions of a particular bank, work experience of at least 3 months. To obtain a loan or installment plan, the borrower must be located in Moscow or the Moscow Region. - We set up and train We don't just sell gadgets, we set up equipment the way you need it. Feel free to ask KNOW-HOW experts questions, our brand was created just for this. - We return the money We are not afraid of returns! Your trust and love for us is much more important to us. Therefore, you can always return or exchange goods within 30 days by issuing a KNOW-HOW* card. No problem! - We answer any questions We do not leave customers after the purchase. If you have any questions, you can always get qualified technical support. - We are always nearby More than a hundred stores in Moscow and the Moscow region, where you can buy, pick up goods ordered on the site in advance and consult with an expert! Online store KNOW-HOW accepts orders seven days a week and holidays from 9:00 am to 10:00 pm. Delivery of goods is carried out the next day after the order, 7 days a week, from 11 am to 19 pm. The purchase can also be picked up at the nearest KNOW-HOW store. The online store delivers throughout Russia!

Cashback Know-how: working with a discount, promo code, coupon

Cashback is a partial refund by the store to the client of funds spent on purchases. How is it different from other savings options?

promo code- a combination of characters entered when making a purchase. In exchange, the buyer benefits from:

preferential price for goods;
the service provided by the bonus - for example, free shipping.

Coupon works in a similar way - when using it, the client buys goods at a reduced cost.

Discounts stores provide on different conditions: they are made regular customers, offer cash benefits when buying in bulk.

If you use a promotional code or coupon, the cashback know-how may not work.