home Internet The smartphone quality check period has passed. Consumer protection: how long does it take to check the quality of a phone by law? We study the box with a smartphone and the condition of the films

The smartphone quality check period has passed. Consumer protection: how long does it take to check the quality of a phone by law? We study the box with a smartphone and the condition of the films

1. I handed over the phone for quality control, the term 20 is written in the act, 40 days have passed, the phone has not been returned. Please tell me, you can write an application for a refund now, because. the agreed 20 days have passed, or do we have to wait for the expiration of 45 days?

1.1. Not a statement, but a claim based on the norms of the Civil Code for the return of its cost + penalty must be presented now.

2. I bought a cell phone, it was already under repair, it was sent for a quality check for a period of 20 days, the check period was violated, the phone was not received by the store, the money is not returned. What to do?

2.1. Hello, write a claim, if they do not answer or refuse, go to court.

3. Could you tell me how to write a claim if the deadlines for checking the quality of phones are violated.

3.1. Hello Julia! The claim is written by a lawyer individually.

4. The timing of the quality check of the phone, if, when applying, I indicated a refund in writing in the claim.

4.1. Up to 45 days, upon expiration, you should be given either money or a similar product of good quality, for each day of delay after 45 days, I am charged and can be recovered in court. Federal Law on consumer protection.
Please do not forget to write a review, thank you))

4.2. Hello, if you have filed a claim for the return of money paid for goods of inadequate quality, pay special attention to the document that you signed. Most likely, the seller deliberately misled you by offering to sign an invoice for diagnostics (examination / quality control) of the phone, but in fact you signed a contract for repairing the phone, which is 45 days.

The legal information provided above does not constitute legal advice. Seek legal advice, drafting documents, representing interests in courts with a lawyer or lawyer.

5. I sent the phone for a quality check, the deadline was overdue, they said they would drip penalties, I asked for a refund for a similar product, how can I get it as soon as possible?

5.1. Hello Konstantin!
If the deadline has passed, then you have the right to demand a refund. To do this, send the appropriate written claim. The term of its satisfaction is 10 calendar days.

6. Please tell me, I gave the phone for quality control for a period of 21 days. Are these working days? Or weekends and holidays too? Thank you!

6.1. These are regular calendar days. They include everything.

7. The deadlines for the return of funds are violated: at the end of December, our phone returned from a quality check, they called us and invited us to pick up the phone. They said he was supposed to be correct. After that, we went to the store and directly showed the seller what was wrong with the phone. As a result, she said that none of them would go into detail during the quality check, they really did not check anything (although we even indicated in the claim what needs to be checked). Our phone was taken away for a second quality check. Bottom line: we have been waiting for almost a month. What should I do or who should I contact? to punish them is a matter of principle. Please advise.

7.1. It was not necessary to wait so long, now a written claim is needed on the basis of the norms of the Civil Code for the return of its cost + penalty.

8. The phone was handed over for quality control, but the defect was not confirmed. The deadlines passed, but the phone never arrived at the store and, moreover, ended guarantee period(1 year), the claim for an exchange or refund was denied. What is the delivery time for the phone?

8.1. If the defect was not confirmed during the quality check, but in fact it exists, you can try to prove it by handing over the device for examination. When confirming a defect, having an expert opinion in your hands, feel free to go to court. True, there is one caveat ... Since the phone belongs to technically complex goods, then in order to return money or exchange it will be necessary to prove that there is a significant defect, that is, one that is either unrecoverable, or disproportionate costs or time are required to eliminate it , or it appears repeatedly.

As for the term, then, firstly, it increases by the time that the phone was being checked and you could not use it.
Secondly, according to paragraph 5. Article 19 of the Federal Law "On Protection of Consumer Rights", when the warranty period provided for by the contract is less than two years and the defects of the goods are discovered by the consumer after the warranty period expires, but within two years, the consumer has the right to present the seller (manufacturer) with the requirements provided for in Article 18 of this Law , if it proves that the defects of the goods arose before its transfer to the consumer or for reasons that arose before that moment.

9.1. You should competently and reasonably draw up a claim, and in case of refusal, file a lawsuit already.

9.2. Now it is necessary to submit a written claim based on the norms of the Civil Code for the return of its cost + penalty.

10. I handed over the phone for a quality check. Tell me, are holidays and weekends included in this period or only working days?

10.1. Hello, Tatyana!
"I handed over the phone for quality control, tell me, are holidays and weekends included in this period, or only working days?"
This period includes weekends and holidays.
Good luck to you!

11. Passed the phone for quality control today the 21st day in the 20th day they respect what to do.

11.1. Hello! If you have previously filed a claim, you can apply to the court. If not, it's time to write a claim, for example, about the return of funds for the goods.

12. The phone was given for quality control. Deadline 21 days. Should I make a replacement or not. We are denied. Motivation - if a quality check is carried out, then a replacement phone is not given.

12.1. Article 20 of the Consumer Rights Protection Law. Elimination of defects in the goods by the manufacturer (seller, authorized organization or authorized individual entrepreneur, importer)

1. If the term for eliminating defects in goods is not determined in writing by agreement of the parties, these defects must be eliminated by the manufacturer (seller, authorized organization or authorized individual entrepreneur, importer) immediately, that is, within minimum term objectively necessary to eliminate them, taking into account the commonly used method. The term for eliminating defects in goods, determined in writing by agreement of the parties, may not exceed forty-five days.
If during the elimination of defects in the goods it becomes obvious that they will not be eliminated within the period specified by the agreement of the parties, the parties may conclude an agreement on a new period for the elimination of defects in the goods. At the same time, the absence of spare parts (parts, materials), equipment or equipment necessary to eliminate the shortcomings of the goods similar reasons are not grounds for concluding an agreement on such a new term and do not exempt from liability for violation of the term specified by the agreement of the parties initially.

2. With regard to durable goods, the manufacturer, seller or authorized organization or authorized individual entrepreneur shall be obliged, upon presentation of the specified requirement by the consumer, within three days to provide the consumer free of charge for the repair period with durable goods having the same basic consumer properties, providing delivery at their own expense. [u] The list of durable goods to which this requirement does not apply is established by the Government Russian Federation

Providing a replacement device is not what they should. And they are obliged.
Proceed as follows: write a handwritten application for the provision of a similar product to you, indicating that your phone is under quality control.
Make this statement in two copies and take it to the store. On your copy, make sure that you put a mark on the acceptance of your application.
Wait 4 days, if the phone is not provided to you, submit a claim for a refund for the phone in the same way to the store in connection with a violation of paragraph 2 of Art. 20 of the Consumer Protection Act. In the claim, indicate the period for reviewing the claim of 10 days.
If the claim is denied, go to court to recover the cost of the phone, non-pecuniary damage, a fine for violating the Law on Consumer Protection and the recovery of all expenses incurred in the case.
As a rule, such claims are satisfied for one simple reason - within three days from the day you submitted your application to the store - you are OBLIGED to provide a replacement similar device, and this should happen at the expense of the store (this is not the option when they send you SMS , which says that you can come and pick up a similar product) or call. This essentially means that, in fact, almost you have to bring the goods home or pay for your expenses incurred in connection with the visit to the store. There are several options.
As a rule, the store misses the deadline of three days - and you boldly, without explaining the reasons, have the right to demand money for the goods.
The courts take the side of the consumer in such disputes.

13. The timing of the quality check (not repair) for a phone of inadequate quality. The phone is under warranty. I want to return the money. The communication salon announced a period of 45 days.

13.1. Good day! If the term for eliminating product defects is not determined in writing by agreement of the parties, these defects must be eliminated by the manufacturer (seller, authorized organization or authorized individual entrepreneur, importer) immediately, that is, within the minimum period objectively necessary to eliminate them, taking into account the commonly used method. The term for eliminating defects in goods, determined in writing by agreement of the parties, may not exceed forty-five days.

14. Bought mobile phone, on the 12th day the speaker stopped working, they took it for quality control, the test period has passed. Can I request a refund?

14.1. Hello.
"Technically complex goods of good quality and for which the warranty period is set cannot be returned due to the fact that, for example, they did not like the color, size, etc.
However! If you were sold a low-quality product, then in accordance with Art. 18 of the Law of the Russian Federation "On Protection of Consumer Rights" dated February 7, 1992 N 2300-1, within 15 days from the date of purchase of the goods, you have the right to: demand a refund of the price paid for the goods or replace the goods of the same brand.
After this period, these requirements are subject to satisfaction in one of the following cases:

the inability to use the product during each year of the warranty period in the aggregate more than thirty days due to the repeated elimination of its various shortcomings.

14.2. You can, on the basis of Art. 18 Federal Law on STDs

"" Article 18. The rights of the consumer in the event of defects in the product

""one. The consumer, in case of detection of defects in the goods, if they were not specified by the seller, at his choice has the right to:

""refuse to fulfill the contract of sale and demand the return of the amount paid for the goods. At the request of the seller and at his expense, the consumer must return the goods with defects.

discovery of a "significant defect" of the product;
violation of the deadlines established by this Law for the elimination of defects in goods;
the impossibility of using the product during each year of the warranty period in the aggregate more than thirty days due to the repeated elimination of its various shortcomings.
"" The list of technically complex goods is approved by the Government of the Russian Federation.
(Clause 1 as amended by Federal Law No. 234-FZ of October 25, 2007)
(see text in previous "edition")
""2. The requirements specified in paragraph 1 of this article are presented by the consumer to the seller or an authorized organization or an authorized individual entrepreneur.
(as amended by Federal Law No. 171-FZ of December 21, 2004)

""3. The consumer has the right to present the requirements specified in paragraphs two and five of paragraph 1 of this article to the manufacturer, authorized organization or authorized individual entrepreneur, importer.
(as amended by the Federal Laws of December 21, 2004 N 171-FZ, of October 25, 2007 N 234-FZ)
(see text in previous "edition")

(as amended by Federal Law No. 234-FZ of October 25, 2007)
(see text in previous "edition")
""four. Lost strength. - Federal Law of October 25, 2007 N 234-FZ.
(see text in previous "edition")
""5. The consumer's "absence" of a cash or sales receipt or other document certifying the fact and conditions of the purchase of goods is not a basis for refusing to satisfy his requirements.

(as amended by Federal Law No. 171-FZ of December 21, 2004)
(see text in previous "edition)"
""In the event of a dispute about the causes of defects in the goods, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer are obliged to conduct an examination of the goods at their own expense. Examination of goods is carried out within the time limits established by Articles 20, 21 and 22 of this Law to meet the relevant requirements of the consumer. The consumer has the right to be present during the examination of the goods and, in case of disagreement with its results, to challenge the conclusion of such an examination in court.
(as amended by Federal Law No. 234-FZ of October 25, 2007)
(see text in previous "edition")

(as amended by Federal Law No. 171-FZ of December 21, 2004)
(see text in previous "edition)"
(Clause 5 as amended by Federal Law No. 212-FZ of December 17, 1999)
(see text in previous "edition)"
""6. The seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer is responsible for the defects of the goods for which the warranty period is not established, if the consumer proves that they arose before the transfer of the goods to the consumer or for reasons that arose before that moment.
(as amended by Federal Law No. 171-FZ of December 21, 2004)
(see text in previous "edition)"
In relation to the goods for which the warranty period is established, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer is responsible for the defects of the goods, unless he proves that they arose after the transfer of the goods to the consumer due to the violation by the consumer of the rules for the use, storage or transportation of the goods, actions of third parties or force majeure.
(as amended by Federal Law No. 171-FZ of December 21, 2004)
(see text in previous "edition)"
(Clause 6 was introduced by Federal Law No. 212-FZ of December 17, 1999)
""7. Delivery of bulky goods and goods weighing more than five kilograms for repair, markdown, replacement and (or) their return to the consumer is carried out by and at the expense of the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer). In case of failure to fulfill this obligation, as well as in the absence of the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) at the location of the consumer, delivery and (or) return of these goods may be carried out by the consumer. In this case, the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) is obliged to reimburse the consumer for the costs associated with the delivery and (or) return of these goods.
(Clause 7 as amended by the Federal Law of December 21, 2004 N 171-FZ)
(see text in previous "edition)"

14.3. Hello! First, you will have to evaluate the phone to prove that the defect is factory, and not in use, and then return the money in court.

15. What is the period for quality control cell phone, sellers say that 45 days since the goods are technically complex! But 45 days is a period for repairing a phone, and not checking its quality?

15.1. Good morning. You are absolutely right, the quality check period is 10 days if the buyer claims a refund, and within 20 days if a claim is made for the replacement of goods of inadequate quality.

15.2. Law of the Russian Federation of February 7, 1992 N 2300-1 (as amended on July 3, 2016) "On Protection of Consumer Rights"
Article 5
6. The manufacturer (executor) has the right to establish a warranty period for the product (work) - the period during which, in the event of a defect in the product (work), the manufacturer (executor), seller, authorized organization or authorized individual entrepreneur, importer are obliged to satisfy the requirements of the consumer, established by Articles 18 and 29 of this Law.

16. I took the phone under warranty for a quality check. The act says that the maximum quality check period is 20 days, but 28 days have already passed, and the store seller does not inform me about the fate of my phone. What should I do in this planets? Do I have to wait 45 days and then file a termination claim? But the phone is not for repair, but simply for quality control.

16.1. Hello. You can submit your claim now. Untimely response to the consumer's demand - Art. 23 of the Law "On Protection of Consumer Rights".
All the best. Thank you for choosing our site.

17. I took the phone under warranty for a quality check. The act says that the maximum quality check period is 20 days, but 28 days have already passed, and the store seller does not inform me about the fate of my phone. What should I do in this planets? You need to wait 45 days and then write a claim for termination. But the phone is not for repair, but simply for quality control.

17.1. State any requirement.

Law of the Russian Federation of February 7, 1992 N 2300-1 (as amended on July 3, 2016) "On Protection of Consumer Rights"
Article 22

The consumer’s claims for a commensurate reduction in the purchase price of the goods, reimbursement of expenses for correcting defects in the goods by the consumer or a third party, the return of the amount of money paid for the goods, as well as the claim for compensation for losses caused to the consumer as a result of the sale of goods of inadequate quality or the provision of inadequate information about the goods, are subject to satisfaction by the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) within ten days from the date of presentation of the relevant request.

18. I handed over the phone for a quality check for 21 days, the deadline passed, I came to the Euroset called service center to which they answered that there was no data about the phone, what to do the phone passed on the 14th day after the purchase. That is, the law on consumer rights says that I should replace it with the same product, I am considering this particular item.

18.1. Good day. Write a claim to the seller, where to demand the termination of the contract of sale this phone and a full refund. Good luck to you.

18.2. Hello Olesya
As long as you don't owe anything. They change the product only if it is defective and cannot be repaired under warranty

Thank you for visiting our site.
Always happy to help! Good luck to you.

18.3. Hello! Write a claim, demand termination of the contract and a refund. Be based on Article 18 of the consumer protection law. If you don't get your money back, file a lawsuit. All the best!

18.4. Law of the Russian Federation of February 7, 1992 N 2300-1 (as amended on July 3, 2016) "On Protection of Consumer Rights"
Article 18
1. The consumer, in case of detection of defects in the goods, if they were not specified by the seller, at his choice, has the right to:
demand a replacement for a product of the same brand (the same model and (or) article);
demand a replacement for the same product of a different brand (model, article) with a corresponding recalculation of the purchase price;
demand a commensurate reduction in the purchase price;
demand immediate gratuitous elimination of product defects or reimbursement of expenses for their correction by the consumer or a third party;
refuse to fulfill the contract of sale and demand the return of the amount paid for the goods. At the request of the seller and at his expense, the consumer must return the goods with defects.
In this case, the consumer has the right to demand also full compensation for losses caused to him as a result of the sale of goods of inadequate quality. Losses are reimbursed within the time limits established by this Law to meet the relevant requirements of the consumer.
In relation to a technically complex product, the consumer, in case of detection of shortcomings in it, has the right to refuse to fulfill the contract of sale and demand a refund of the amount paid for such a product or demand its replacement with a product of the same brand (model, article) or with the same product of another brand (model, article) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer of such goods to the consumer. After this period, these requirements are subject to satisfaction in one of the following cases:
discovery of a significant defect of the goods;
violation of the deadlines established by this Law for the elimination of defects in goods;
the impossibility of using the product during each year of the warranty period in the aggregate more than thirty days due to the repeated elimination of its various shortcomings.
The list of technically complex goods is approved by the Government of the Russian Federation.
2. The requirements specified in paragraph 1 of this article are presented by the consumer to the seller or an authorized organization or an authorized individual entrepreneur.
3. The consumer has the right to present the requirements specified in paragraphs two and five of paragraph 1 of this article to the manufacturer, authorized organization or authorized individual entrepreneur, importer.
Instead of presenting these requirements, the consumer has the right to return the goods of inadequate quality to the manufacturer or importer and demand the return of the amount paid for it.
5. The consumer's lack of a cash or sales receipt or other document certifying the fact and conditions of the purchase of goods is not a basis for refusing to satisfy his requirements.
The seller (manufacturer), an authorized organization or an authorized individual entrepreneur, importer are obliged to accept goods of inadequate quality from the consumer and, if necessary, to check the quality of the goods. The consumer has the right to participate in the quality control of the goods.
In the event of a dispute about the causes of defects in the goods, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer are obliged to conduct an examination of the goods at their own expense. Examination of goods is carried out within the time limits established by Articles 20, 21 and 22 of this Law to meet the relevant requirements of the consumer. The consumer has the right to be present during the examination of the goods and, in case of disagreement with its results, to challenge the conclusion of such an examination in court.
If, as a result of the examination of the goods, it is established that its defects have arisen due to circumstances for which the seller (manufacturer) is not responsible, the consumer is obliged to reimburse the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer for the costs of conducting an examination, as well as related to its conduct. storage and transportation costs.
6. The seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer shall be liable for the defects of the goods for which the warranty period is not established, if the consumer proves that they arose before the transfer of the goods to the consumer or for reasons that arose before that moment.
In relation to the goods for which the warranty period is established, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer is responsible for the defects of the goods, unless he proves that they arose after the transfer of the goods to the consumer due to the violation by the consumer of the rules for the use, storage or transportation of the goods, actions of third parties or force majeure.
7. Delivery of bulky goods and goods weighing more than five kilograms for repair, markdown, replacement and (or) their return to the consumer is carried out by and at the expense of the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer). In case of failure to fulfill this obligation, as well as in the absence of the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) at the location of the consumer, delivery and (or) return of these goods may be carried out by the consumer. In this case, the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) is obliged to reimburse the consumer for the costs associated with the delivery and (or) return of these goods.
You have the right to demand another phone for replacement during the repair period.

19. I handed over the phone for a quality check, 22 days have passed, I wrote a statement on the failure to meet the deadlines, as a result, the answer came that "the phone is out of warranty, a violation of operation, the device has been sent" however, the phone has not yet been sent, and on the site they write that the equipment is in repair. What do I need to do next?

19.1. If you have filed a claim. Article 18 of the consumer protection law. You can safely sue. Do not pay state duty. Collect the cost of the phone, a penalty, moral damage, a fine of 50 percent. An examination may be required, which will determine the presence and nature of the defect in the product.

20. My phone was taken away for 20 days (quality check), all deadlines expire tomorrow...

20.1. Hello! What is the question? IF you are not satisfied with the result of the study, write a claim to the seller, you can conduct an independent study.

21. I handed over the phone under a guarantee for quality control (the procedure takes 20 days, indicated in the act of receiving the goods). More than 20 days have passed. The store wrote a claim about the termination of the contract of sale. If the store manager approves it, how much will I get back for the phone? Which is indicated on the receipt, or the amount for which the phone is sold for this moment? What is this article?

21.1. After 45 days, you can claim all the money.
If they refuse or there is no answer within 10 days after the application, then you can apply with the Application for termination of the contract (Claim) to the Court, the state duty is not subject to.

For information:

Article 15 of the Law of the Russian Federation "On Protection of Consumer Rights". Compensation for moral damage Moral damage caused to the consumer as a result of a violation by the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) of the consumer's rights provided for by the laws and legal acts of the Russian Federation governing relations in the field of consumer protection is subject to compensation by the tortfeasor in the presence of his guilt. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage. Compensation for moral damage is carried out regardless of compensation for property damage and losses incurred by the consumer.
Article 17 of the Law of the Russian Federation "On Protection of Consumer Rights". Judicial Protection of Consumers' Rights 1. Consumers' rights are protected by the court. 2. Claims for the protection of consumer rights may be brought at the choice of the plaintiff to the court at the place of: location of the organization, and if the defendant is an individual entrepreneur, - his residence; residence or stay of the plaintiff; conclusion or performance of a contract. If a claim against an organization arises from the activities of its branch or representative office, it may be brought to court at the location of its branch or representative office. 3. Consumers, other plaintiffs in claims related to violation of consumer rights are exempt from paying the state fee.

22. I handed over the phone under warranty for quality control (the procedure takes 20 days, indicated in the act of receiving the goods). 20 days have already passed. What can I require from the store? What to write?

22.1. Write a claim under the Law of the Russian Federation "On Protection of Consumer Rights", demand termination of the contract and return of money paid for the goods.

23. Dear lawyers, I handed over the phone for a quality check on September 2 and, according to Article 21 of the RFP, the check period is 20 days. The question is in the yard on September 22. 20 days have expired. In this case, the seller is obliged to provide another phone or return the money, but they talk on the phone about some other 2 days, as I understand it, these 20 days do not include weekends, tell me whether it is so or not in the law, it is also not spelled out in the paper that the store issued, it clearly says the maximum period of 20 days.

23.1. This period includes weekends.

24. The term for checking the quality of the phone has expired, the phone was not returned, citing that it is still on the way, but they also did not provide a conclusion on the check, my further actions?

24.1. Evgenia, WHAT exactly did you rent the phone for? If only for a quality check, then you have not made any claim under the RFP Law (see art. 18). It may turn out that on the 21st (35th, 90th, etc.) day, they will shrug their hands in front of you and goggle their eyes in bewilderment what you want. I suggest you now make a claim in accordance with the said article.

24.2. You can apply to the court if there was a claim. Article 18 of the law on the protection of consumer rights. Do not pay the state duty. Collect a penalty, moral damage, a fine of 50 percent.

24.3. Write a claim, according to the documents you have

25. I handed over the phone for quality control on the 9th day after the purchase - 14. 07. The verification period is 10 days. The website of the service center says that the phone is working. However, today is August 1st. The phone was not returned. More than 10 working (calendar especially) days have passed. Can I file a claim for a refund?

25.1. The claim for a refund should have been submitted directly upon delivery of the phone

25.2. Make up. Only the requirement had to be declared at the time of handing over the phone to the seller. Or do not give the phone away and agree on the time and place of the quality check, where to bring the device.

26. The seller took the phone for a quality check. What is the deadline for quality control?

26.1. no more than 45 days.

27. Handed over the phone for quality control. It's been 22 days. what is the legal deadline?

27.1. The deadline has already passed, you can collect its cost in a claim procedure.

A story familiar to many: a phone you recently bought started to fail, you take it to the store to return the money or exchange it. The store takes the phone for a quality check (20 days), according to the results of which it solemnly announces to you that no defect has been found, and the software has been updated. According to the law of meanness, after that, a defect appears again in the phone. What can be done in this case, and how to force the store to make an exchange or return? Here detailed instructions from .

General goods (not included in )

For such goods, the procedure is the same during the entire warranty period.

If the product is in good condition (there is no defect declared upon delivery) + a claim for a return / exchange was not delivered (there was no indication of a return or exchange in the act of delivery to the store or the product was issued on warranty repair):
- if defects appear - write to the store or exchange, hand over against signature on your copy, AGAIN hand over the goods for quality control. The response time is 10 days for a refund, 7 or 20 days for an exchange.
- In the absence of a response / negative response to the claim, file a consumer protection claim with the court.

If the product is defective (there is a defect declared upon delivery or another manufacturing defect).
- Option 1: refuse to receive the goods. + hand over against signature on your copy for a refund or exchange. Wait for a response 10 / 7 days. In the absence of a response / negative response, file a consumer protection claim with the court. Please note that the court may require an independent examination of the goods.
- Option 2: pick up the goods. Indicate in ALL copies of the act of delivery to the store your comments: "Declared defect present, not fixed". Make 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 the rules of operation. Write to the store about a refund or exchange and reimbursement of costs for examination / diagnostics. Hand over a signature on your copy. Wait for a response 10 / 7 days. In the absence of a response / negative response, file a consumer protection claim with the court.

Technically complex goods (from )

First 15 days from 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 on the return / exchange in the act for the delivery of goods.

After receiving a message from the store about the return of the goods from the check - go to the store and personally check the performance of the goods.
If the item is correct (there is no defect declared upon delivery) + nothing is indicated in the act 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) ; b) ; in) .

If the item is correct(there is no defect declared upon delivery) + the act states about updating the software, resetting the settings or the store carried out a warranty repair, despite your request for a return or exchange:

write to the store again about the return of money / exchange. In the claim, indicate that the product was submitted for inspection in the first 15 days from the date of purchase, and you requested a return or exchange. According to paragraph 1 of Art. 18 of the Law of the Russian Federation "On Protection of Consumer Rights" the right to choose a claim due to product defects belongs to the consumer, but the store violated this right of yours by making repairs instead of returning / exchanging. Hand over the claim against signature. Wait for an answer 10 days for a refund, 7 days for an exchange.

If the product is defective (there is a defect you claimed or another manufacturing defect):

Option 1: refuse to receive the goods (indicate in ALL copies of the act of delivery to the store your comments: “The declared defect is present, not eliminated”) + hand over a second one for a refund or exchange against signature on your copy. Wait for a response 10 / 7 days. In the absence of a response / negative response, file a lawsuit for consumer protection. Please note that the court may require an independent examination of the goods.
Option 2: pick up the goods (indicate in ALL copies of the certificate of delivery to the store your comments: “The declared defect is present, not eliminated”). Make 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 the rules of operation. Write to the store again about a refund or exchange and reimbursement of costs for examination / diagnostics. Hand over a signature on your copy. Wait for a response 10 / 7 days. In the absence of a response / negative response, file a lawsuit for consumer protection.

Situation 2. In the first 15 days, the goods were handed over simply for quality control, the return / exchange claim was not handed over, the return / exchange was not noted in the act.

It turns out that you did not have time to submit a return or exchange request 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.

Option 1: The item is OK. You will have to take it 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) ; b) ; in) .
Option 2: The item is defective.

If a warranty repair was made (there is an act to eliminate the defect) + a similar defect appeared, you can try, which appeared after the repair.
If there is no warranty repair certificate, it will be easiest to re-register the product for warranty repair. You can pick up the goods and try to hand it over for repair not through the store, but through an authorized service center. Perhaps there is a defect found and eliminated. A refund or exchange will be possible either, or (if there is an act of the service center on non-repairability).

During the warranty period, but after the first 15 days

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

Option 1: the product is in good condition (there is no defect declared upon delivery) + there is no indication of the repair in the act. 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) ; b) ; in) .

Option 2: the product is in good working order (there is no defect declared upon delivery) + the act states about updating the software, resetting the settings, or the store carried out a warranty repair, despite your request for a return or exchange:

Optional (optional): write to the store again about the return of money / exchange. In the claim, indicate that you requested a refund or exchange. According to paragraph 1 of Art. 18 of the Law of the Russian Federation "On Protection of Consumer Rights" the right to choose a claim due to product defects belongs to the consumer, but the store violated this right of yours by making repairs instead of returning / exchanging. Hand over the claim against signature. Wait for an answer 10 days for a refund, 7 days for an exchange.
In the absence of a positive response, sue the consumer protection court. The court may require an examination to confirm the fact 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 apply in similar cases. From the explanations of the Supreme Court it follows that updating the software can be considered a repair, but in practice the position of justices of the peace and district courts may be different.

Option 3: Item is defective (there is a defect you claimed or another manufacturing defect):
- Option 1: refuse to receive goods(indicate in ALL copies of the certificate of delivery to the store your comments: “The declared defect is present, not eliminated”) + hand over a second one for a refund or exchange against signature on your copy. Wait for a response 10 / 7 days. In the absence of a response / negative response, file a lawsuit for consumer protection. Please note that the court may require an independent examination of the goods.
- Option 2: pick up the goods(indicate in ALL copies of the certificate of delivery to the store your comments: “The declared defect is present, not eliminated”). Make 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 the rules of operation. Write to the store again about a refund or exchange and reimbursement of costs for examination / diagnostics. Hand over a signature on your copy. Wait for a response 10 / 7 days. In the absence of a response / negative response, file a lawsuit for consumer protection.

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

Option 1: The item is OK. You will have to pick it up and use it further. If any manufacturing defect in the item reappears, you will be refunded or exchanged on a general basis.
Option 2: The item is defective. You need to check if you have one of the reasons for a refund or exchange: a) ; b) ; in) . If at least one of these grounds is confirmed by your warranty repair certificates, write, hand it to the store, hand over the goods for quality control (yes, again), if there is no positive answer, go to court.

You can not take the goods just for inspection without a claim!

You need to remember this rule and under no circumstances deviate from it, even if the store says otherwise and does not take a claim. By itself, the delivery of goods for quality control without specifying a specific requirement in the acceptance certificate or without filing a claim with a clear requirement does not make sense, and here's why.

Timing. In consumer protection law to check the quality as such no strict deadlines. They will always depend on the requirement that you indicated in the claim. If the requirement is not recorded anywhere in writing, it turns out that the store does not have a specific deadline for conducting an inspection and giving you an answer. The store, of course, can indicate in the receipt the period so beloved by many of 20 or 21 days, but in reality the check will be delayed indefinitely for a long time(and for violation of such a period you will not be able to claim a penalty). If you write in your claim that you want a refund / exchange, the store will be obliged to focus on the deadlines set to satisfy such a requirement - 10 days for a refund, 7 days for an exchange (or 20 if a quality check is required) and will have to pay a penalty when they are violated.
Forced repair. Another good reason to serve a claim is to be able to choose the right option for you. In the absence of a claim with a request for a refund or exchange, the store, of course, will make a choice for you and carry out warranty repairs. If you are not satisfied with the prospect of repair, write a claim for a refund or exchange.
Quality check time does not equate to repair time. This means that the time spent on checking time will not be considered in the grounds for a return or exchange. The maximum warranty period of 45 days does not apply to quality control. In case of claims in connection with the repeated finding of the goods in repair in the amount of more than 30 days during the 1 year warranty period, the quality check in these 30 days is not taken into account. Also, the warranty period will not be extended during the quality check.

!!! Please note that authorized service centers, as a rule, accept goods only for warranty repairs. Therefore, if you are interested in quality control / paid diagnostics, you need to discuss this possibility with the ASC employees in advance.

I handed over the phone for a quality check for 10 days, they concluded that the phone was working, but they hadn’t returned it yet, they said that it hadn’t arrived yet, and that the logistics time was not taken into account, is this correct? Or am I obliged to return the device strictly after 10 days?

Advise what to do: a phone was bought, after a week it began to freeze periodically, took it to the store, they said that. In the application (referral) for quality control, the situation was described, nothing was written in the special notes item (it remained empty). A week later they called and said that you can pick up the phone. When they brought it, it turned out that it was covered in scratches, as if a sandpaper had been walked over it. I did not pick up the goods in this form and asked to return it in the form in which it was handed over, or to return the money. The seller says that there were scratches initially, but at the time of delivery there were none, which can be confirmed by a witness present when the phone was handed over for verification (otherwise, the presence of scratches would have been specified in the item of special marks). The seller, and now Rospotrebnadzor, replied that since the "special marks" paragraph does not say anything about scratches or perfect condition at the time of handing over the phone, it means that it is not possible to establish this fact. Please explain who was supposed to fill in the special notes item and what law or regulation governs this? Really if it (this item) is empty, I have to prove that it is not a camel? Best regards, Sergei.

27.10.2012 I bought an LG-E730 Optimus SOL phone at a branch of Evroset-Retail LLC. The next day after the purchase, the following shortcomings were discovered: the phone spontaneously rebooted or turned off, regardless of whether I was doing something with it at that moment or not: also, during a conversation, the speaker was constantly phoning. On 11/1/2012 I took the phone to the store and wrote a quality check statement, which was answered 2 weeks later, saying that no declared shortcomings were found (11/13/2012).

Then I wrote a statement that I did not agree with the results of the check and demanded a refund, to which on 11/17/2012 (although I was given this answer only on 11/26/2012), a response was received from the store with a refusal. At the same time, the phone also malfunctions (the above disadvantages remain). So how can I prove that the phone is defective and return the money for it?

Please help in . On July 17, 2012, I purchased a Nokia asha 200 cell phone in the amount of 3290 rubles in the salon cellular communication Megaphone. I used the phone carefully, didn’t drop it, didn’t come into contact with water .. Once a message appeared on the phone’s display with a proposal to update the existing software to a newer one, which I agreed to by clicking on the “accept” button. After updating the software, the phone stopped loading, blinking backlight on the keyboard, but the phone itself did not want to boot !!! Questions: What should I do in order to return the money for the goods soon or exchange for a similar model ??? I don’t want to give it for repairs, because I have the right .. diagnostics and how long does it last? Thanks in advance!!!

The situation is this, I bought a phone, I found a flaw in 12 days. Wanted to exchange! I was told that I need to hand over the quality control! Rented from them. Tomorrow is 20 days. on the site it says: "The quality check of your device is completed, the device is in good condition. At the moment, the device has been received from the Authorized Service Center and sent to the store where it was handed over for quality control. Your device will be delivered to the store within 15 days. Upon receipt device, an SMS message will be sent to the store at the number you specified.

More detailed information You can check the delivery time in the store. Thank you for contacting the company "where did they get these 15 days? honors my heart in the declared 20 days I will not get anything back! Yes, I would like to return the phone, do I have the right to do this? and what do I need to do for this ?? ? Thanks in advance!

I gave the phone to a service center to identify a quality defect - when I received the phone for a check, they told me that the barcode was damaged and because of this the warranty period was removed automatically, but nevertheless they took it under warranty for a check and repaired it (which is now not they admit - and my only proof of SMS came to the phone from the very center - the store says that this could not have been a mistake. And in addition to this, the phone stayed with them for more than 60 days. Then I wrote a claim to the store - about the delay of the phone more term, and its repair without my knowledge - they answered me - (the very fact of a breakdown, complete or partial, of the goods is not an unconditional confirmation that the breakdown can be a product by the consumer. To establish the causes of the breakdown, the seller-seller does not independently conduct a quality check, but only sends the goods for its carrying out to a specialized service center authorized by the manufacturer. it arose as a result of your actions, so when inspecting, opening, the goods were found mechanical damage. this is evidence of a violation by you of the rules for the operation of the goods. Based on the foregoing, it is not possible to satisfy your requirements stated in the claim. please help me, what should I do in this case - in their answers they do not indicate either about the delay or about the repair - you will not get through to them!

I bought a phone. The next day I discovered a malfunction. I wrote a claim and carried it to the store. The store offered me to hand over the phone for examination, but the claim was not accepted. They said that there were no grounds for a claim. there was no examination. I did not hand over the phone, but sent a claim by mail by registered mail with notification. In the claim, I indicated that I would like to be informed if quality control is required and that I will personally deliver the phone. I never received a response from the store. They simply did not receive the letter and it will soon be returned to me from the post office.

The notification says unsuccessful delivery. What can be done in this situation, because the phone is with me. No one is going to check and accept it. They agree to accept it on the condition that I write an application for examination, but in this case they will simply repair it and say that there was no malfunction. What can I provide for the court. I do not have a notice of delivery of the letter. What can be done in this situation. The 15-day deadline for the delivery of goods will expire soon.

08/09/2011 I purchased a mobile phone at Evroset-Retail LLC samsung phone GT-I9003 Galaxy S 4gb Black which has a 1 year warranty period. 08/06/2012 I handed over the phone for a quality check (the receipt says that the quality check time depends on the requirements put forward by the buyer, but not more than 20 days in accordance with article 21 of the RFP), 08/26/2012 I received the phone back, in conclusion it was said that the claimed deficiency was not found. After some time, it turned out that all the defects remained as before. 09/09/2012 I handed over the phone again for a quality check, on 10/02/12 (24 days later) I contacted the store and found out that the phone was still in the service center, after which I wrote a claim that they did not return the phone to me on time and demanded terminate the contract of sale, the answer was that the phone was sent, please wait. On 10/07/2012, an employee of Euroset-Retail LLC called me and said that my phone had been brought and it could be picked up, but here again my rights were violated, it was written in the act that the warranty period of my phone had expired. How do I, and are their actions legal?

17.07.2012 bought touchscreen phone. On the third day it broke touch screen did not respond). 24.07.2012 I contacted the store asking for a refund. To which they answered that the phone must first pass a quality check, whether it was my fault. After 20 days, the answer came that the stated flaw (the sensor did not work) was not detected,. I wrote a claim to get my money back. In response, it was said that the software change is not a repair and they cannot return the money to me. Then I went to court. She explained that two weeks had not passed since the date of purchase, the phone did not work (otherwise why would they accept it from me), I did not ask to repair or change the software, the quality check showed that it was not my fault. But the court decided that since I do not want to take the phone, then I need to send it for quality examination. What for? I don't get the point. Moreover, the sellers have the phone, they can adjust it so that it actually won’t work. What do you think? Thank you in advance for your response!