No one is insured against the purchase of low-quality or defective goods, including those who buy mobile phones. Despite the fact that this means of communication has been gaining more and more distribution in recent years, such an acquisition has never been cheap. In this regard, having paid decent money for the phone, it is very unpleasant to find out about its malfunction.
It is necessary
- - receipt of payment for the goods;
- - warranty card.
Instructions
Step 1
Keep the receipt of payment for the goods and the warranty card, which you must be given at the time of purchasing a mobile phone.
Step 2
Read the provisions of the Law of the Russian Federation "On Protection of Consumer Rights". So article 18 states that the buyer has the right to demand from the seller to replace the defective product, pay for repairs or return its cost. In the latter case, the sales contract is terminated. Since, according to the legislation, a mobile phone does not belong to technically complex devices, the buyer can apply for its replacement during the entire period of validity of the warranty card. Contact a lawyer for advice if you doubt your rights.
Step 3
Write a statement addressed to the seller demanding a refund of the amount spent on the purchase of the defective phone. Refer to the relevant articles of the law, which indicate the guarantors of refund for defective goods.
Step 4
Wait for a response from the seller. According to the law, he is obliged to respond to the application within 10 days from the date of its submission. As a rule, the seller can, at his own expense, send the phone for examination in order to determine whose fault the malfunction occurred. According to the legislation, the buyer can be present during the examination. Verification may take 21 days. After that, if it was established that the consumer is not to blame for the malfunction, the seller is obliged to refund the purchase amount or replace the phone, depending on the buyer's requirements.
Step 5
Go to court if the seller ignored your application and did not respond to it within 10 days. During the trial, an examination of the causes of the malfunction is also carried out. By a court decision, the seller is obliged to pay the appropriate amount of money to the consumer for the defective phone. As a rule, the case does not reach the court, as the stores strive to maintain their reputation, plus the court requires additional costs from the seller.
