Buying a phone is an important and responsible event. And it costs a lot, and it will take a long time to use it. Therefore, it is very disappointing when a long-awaited acquisition suddenly breaks down shortly after the purchase. What to do in this case?
Example:
Irina bought an expensive phone, which she had dreamed of for a long time, and could not get enough of her “new toy”. And I was very upset when, three months later, a black spot appeared on the screen, and then it stopped working altogether.
The phone was under warranty, and Irina went to the store. The phone was sent to a service center for diagnostics and repair, and its owner could only wait. She was not offered a replacement phone. When all the deadlines were over, she again turned to the store, but did not receive an intelligible explanation. I wrote a claim, which was accepted, but answered formally: the phone is being repaired. After the same response to the second claim, the girl filed a lawsuit. And I won it. By a court decision, the organization that sold the phone is obliged to return the money for the phone and pay an amount of 1% for each day of delay.
Be in time in 15 days
Only the person in whose name it is issued can return the phone. You must have an identity card, payment documents and a phone guarantee with you
Cell phones are included in the list of technically complex goods (Article 18 of the ZoZPP). This means that it cannot be returned within 2 weeks simply because you don't like it. Such goods are subject to return only if there are complaints about their quality.
If you notice problems with the phone, please contact the store immediately. This must be done within 15 days. Tell the seller about the problem. Your phone will be sent for examination. This is necessary to confirm that the breakdown was not your fault.
When the expert opinion confirming your correctness is ready, you can, in accordance with the Law on the Protection of Consumer Rights (Article 18), choose:
- send the phone for repair;
- demand a reduction in the cost of the telephone;
- demand replacement of the phone with a similar one;
- demand a replacement for a phone of another brand with a recalculation of the price;
- return the defective phone and demand a refund for it.
If more than 15 days have passed
When the 15-day period expires, you will have to fight for your rights in a more complex way.
Now you can return or exchange your phone if
- a "significant flaw" was found in it. That is, a flaw that prevents the full use of the phone. A scratch on the screen will no longer be a reason to replace the device.
- the seller violated the terms of telephone repair established by the ZoZPP, that is, 45 days.
- if the phone is being repaired for more than 30 days during the year. Moreover, not in a row, but in aggregate throughout the year.
Therefore, if you had to go to the store in connection with the breakdown of your phone, think carefully when the seller will offer you to repair it. As a rule, sellers not only offer, but also insist on repairs, claiming that this is the only possible solution to the problem. It is not true. But while your phone is being repaired, 15 days will pass. This means that if problems arise again, they will have to be solved in a more complex order.
Example
Alexander faced such a situation. Having bought the phone, the man noticed that he was not holding the charger and turned to the store. The seller said that the phone will be repaired at a service center. Having received the device back, Alexander after a while realized that the problem had not been solved, and again turned to the store with a demand to return the money. Only 15 days have passed since the date of purchase, and it has become much more difficult to prove a "significant flaw". The phone was sent back for repair. Alexander waited for the device to stay in the service center for more than 30 days (after each repair, charging problems appeared again), and then turned to the seller with a claim in which he demanded a refund for the gadget. The money was returned to him.
Cunning yourself is more expensive
But! Don't try to deceive the seller. If the phone malfunctions are your fault, you shouldn't try to get your money back. An examination will establish what really happened to him. And you will not become richer, but poorer, because the one through whose fault the breakdown occurred pays for the examination.
Example
Tatiana Pavlovna received the phone from her grandson. I myself helped to choose, set up and adapt the gadget for my grandmother. At first, the woman could not get enough of it. But a week later the device began to turn off on its own at the most inopportune moment, hang. The grandson advised to contact the seller. The phone was taken for examination. Imagine the lady's surprise when she was told that the breakdown was due to her fault - the phone turned out to be "reflashed". This grandson decided to make the gift even more useful. He also paid for the examination.
For your information
According to article 20, clause 2 of the ZoZPP, you must be provided with another phone while your phone is being repaired.
According to article 20, clause 3 of the ZoZPP, the seller is obliged to provide you with information in writing about the date of contact with the request to eliminate the breakdown of the phone, the date of handing over the phone for repair, the date of repairing the breakdown and the date of the delivery of the goods to the consumer. While your phone was being repaired, the warranty period for it should be extended.
