Know-how guarantee for the phone. How to return a mobile phone to a store. We study the legal basis. Is it possible to return a phone of good quality?

I would like to leave my review about the work of the Know-How store, Troika shopping center (Auchan-Sokolniki). I needed a new one mobile phone by Friday, July 26, 2019, so I arrived at the store early on Wednesday, July 24, 2019, and was greeted by a friendly salesman named Vyacheslav. Vyacheslav is a great guy, he helped me decide on the phone model, printed out a coupon for a 500 ruble discount. and agreed that they would bring the phone the next day, since only the copy from the display case was available. At that time, the store director Alena was nearby, I asked if I could pay with a Halva card, she answered yes, plus I had 416 points accumulated in my store account, which can also be used, a total discount of 916 rubles, plus an external battery as a gift with a Power bank upon purchase this model. In the afternoon, Vyacheslav called me and said that the phone had been brought to the store, I arrived on Thursday 25.07, half an hour before closing, the employees couldn’t find where they put the phone for 20 minutes, they finally found it, hurray! Then it turns out that the discount is 500 rubles. 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 comes as a gift, I think okay, I chose another case. I present the Halva card for payment, but the answer is a refusal, we tried several times, it doesn’t work, there is enough money in the account. I ask the employees, you don’t know why the payment doesn’t go through, no one knows, they started looking into it, I called the bank, it turns out that Halva only works if you pay through the website, now the employees know about it, hurray! I made the payment and it arrived in the mail. cash receipt, I show it to Alena, she says, I need the code from the SMS, the SMS doesn’t come. Time 22h 10 min. The working day is over, so there is no SMS, you can pick up the phone only tomorrow. Alexey, Alena tells me, since everything has taken so long, your phone will work for a very long time, don’t worry, tomorrow they will call you, send you 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 comes, 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 arrived, one of the salesmen immediately recognized me, this is the third day I’ve arrived as if I was going to work)), I immediately took out my phone, case and Power bank. I printed out the invoices, and then the stopper, I ask what’s the matter, he says the invoices are not ordinary, they were printed, we’ll find out where to put the signatures. About 20 minutes later, a girl named Natalya called me to fill out the documents, finally everything was done, she hands me my kit, I asked for the package, and asked if I was entitled to any of the papers? Then again, waiting, figuring out how to print this or that document, all this time I’ve been sitting patiently waiting! Well, that’s all, I want to say thank you, and Natalya tells me, Alexey, you know, you are not entitled to a Power bank gift, because you made the payment through the website and not in the store, I almost fell out of my chair! I couldn’t believe my ears, I said call director Alena, and she replied that Alena told her that! What decision did I make? We are processing the return, and Natalya and I filled out the documents for another hour. The bottom line is that feeling when you have been deceived, cheated, but this is a chain of stores under famous brand! I wish everyone not to be deceived and to be in a great mood!!!

I would like to leave my review about the work of the Know-How store, Troika shopping center (Auchan-Sokolniki). I needed a new mobile phone by Friday, July 26, 2019, so I arrived at the store early on Wednesday, July 24, 2019, and was greeted by a friendly salesman named Vyacheslav. Vyacheslav is a great guy, he helped me decide on the phone model, printed out a coupon for a 500 ruble discount. and agreed that they would bring the phone the next day, since only the copy from the display case was available. At that time, the store director Alena was nearby, I asked if I could pay with a Halva card, she answered yes, plus I had 416 points accumulated in my store account, which can also be used, a total discount of 916 rubles, plus an external battery as a gift with a Power bank upon purchase this model. In the afternoon, Vyacheslav called me and said that the phone had been brought to the store, I arrived on Thursday 25.07, half an hour before closing, the employees couldn’t find where they put the phone for 20 minutes, they finally found it, hurray! Then it turns out that the discount is 500 rubles. 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 comes as a gift, I think okay, I chose another case. I present the Halva card for payment, but the answer is a refusal, we tried several times, it doesn’t work, there is enough money in the account. I ask the employees, you don’t know why the payment doesn’t go through, no one knows, they started looking into it, I called the bank, it turns out that Halva only works if you pay through the website, now the employees know about it, hurray! I made the payment, a cash receipt arrived in the mail, I show it to Alena, she says I need the code from the SMS, the SMS does not arrive. Time 22h 10 min. The working day is over, so there is no SMS, you can pick up the phone only tomorrow. Alexey, Alena tells me, since everything has taken so long, your phone will work for a very long time, don’t worry, tomorrow they will call you, send you 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 comes, 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 arrived, one of the salesmen immediately recognized me, this is the third day I’ve arrived as if I was going to work)), I immediately took out my phone, case and Power bank. I printed out the invoices, and then the stopper, I ask what’s the matter, he says the invoices are not ordinary, they were printed, we’ll find out where to put the signatures. About 20 minutes later, a girl named Natalya called me to fill out the documents, finally everything was done, she hands me my kit, I asked for the package, and asked if I was entitled to any of the papers? Then again, waiting, figuring out how to print this or that document, all this time I’ve been sitting patiently waiting! Well, that’s all, I want to say thank you, and Natalya tells me, Alexey, you know, you are not entitled to a Power bank gift, because you made the payment through the website and not in the store, I almost fell out of my chair! I couldn’t believe my ears, I said call director Alena, and she replied that Alena told her that! What decision did I make? We are processing the return, and Natalya and I filled out the documents for another hour. The bottom line is that feeling when you have been deceived, cheated, but this is a chain of stores under a well-known brand! I wish everyone not to be deceived and to be in a great mood!!!

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 subscriber service office. In 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. Advantages for KNOW-HOW clients: - Loan programs and installment plans Requirements for the borrower: Russian citizenship, age from 20 years depending on the conditions of a particular bank, work experience of at least 3 months. To receive 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 money We are not afraid of product 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 abandon customers after 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 pre-ordered on the website and consult with an expert! The KNOW-HOW online store accepts orders seven days a week and on holidays from 9:00 am to 10:00 pm. Products are delivered the next day after ordering, 7 days a week, from 11 a.m. to 7 p.m. 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, promotional code, coupon

Cashback is a partial return 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 receives benefits:

  • preferential price for goods;
  • a service provided by a bonus - for example, free delivery.

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

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

If you use a promotional code or coupon, cashback Know-How may not work.

Question: is it possible to somehow prove and find the truth? The amount is ridiculous - 6 thousand, but I’m ready to spend even more just to teach the insolent people a lesson. They have only one argument - I'm trying to slip them a non-working phone purchased elsewhere.
Alexander

You will need to contact the seller in writing, requesting a replacement phone, and attach a copy of the receipt. If another 2 weeks have not passed, then we are obliged to return the money upon your request.

In your case, the telephone is a technically complex product and, in accordance with Article 18 of the Labor Code

In relation to a technically complex product, if defects are discovered in it, the consumer has the right to refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for such a product or make a demand for its replacement with a product of the same brand (model, article) or with a different product. 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 must be satisfied in one of the following cases:
detection of a significant defect in the product;
violation of the deadlines established by this Law for eliminating product defects;
inability to use the product every year warranty period in the aggregate more than thirty days due to the repeated elimination of its various deficiencies.

The list of technically complex goods is approved by the Government Russian Federation.
List of technically complex goods

1. Light aircraft, helicopters and aircrafts with internal combustion engine (with electric motor)
2. Passenger cars, motorcycles, scooters and vehicles with an internal combustion engine (with an electric motor), intended for driving on public roads
3. Tractors, walk-behind tractors, walk-behind cultivators, machines and equipment for Agriculture with internal combustion engine (with electric motor)
4. Snowmobiles and vehicles with an internal combustion engine (with an electric motor) specifically designed for travel on snow
5. Sports, tourist and pleasure vessels, boats, boats, yachts and transport watercraft with an internal combustion engine (with an electric motor)
6. Navigation equipment and wireless communication for household use, including satellite communications, having a touch screen and having two or more functions
7. System units, stationary and portable computers, including laptops, and personal electronic computers
8. Laser or inkjet multifunction devices, monitors with digital control unit
9. Satellite television sets, gaming consoles with digital control unit
10. TVs, projectors with a digital control unit
11. Digital photo and video cameras, lenses for them and optical photo and film equipment with a digital control unit
12. Refrigerators, freezers, washing machines and dishwashers, coffee machines, electric and combined stoves, electric and combined ovens, air conditioners, electric water heaters with an electric motor and (or) microprocessor automation

The seller is obliged to accept the goods and conduct an examination and, after the examination, make a written refusal, then after the refusal, you have the right to file a claim in court for the recovery of funds, compensation moral damage and a fine in the amount of 50% of the amount of the claim,

CLAIM must be sent by registered mail with notification, or give it to the store against signature, so that your copy will be marked with a receipt of the claim

Article 15. Compensation for moral damage
[Law of the Russian Federation “On the Protection of Consumer Rights”] [Chapter I] [Article 15]
Moral damage caused to the consumer as a result of violation by the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) of consumer rights provided for by laws and legal acts The Russian Federation, regulating relations in the field of consumer rights protection, is subject to compensation by the causer of harm if he is at fault. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage.

Article 13. Responsibility of the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) for violation of consumer rights
[Law of the Russian Federation “On the Protection of Consumer Rights”] [Chapter I] [Article 13]
6. If the court satisfies the consumer’s demands, established by law, the court collects from the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) for failure to voluntarily meet the consumer's requirements a fine in the amount of fifty percent of the amount awarded by the court in favor of the consumer.

The buyer must carry out the examination at his own expense.

Oral testimony from witnesses or the sellers themselves that the product would have been purchased in this store is also suitable. The claim is written in two copies, one of which remains with the buyer. The employee who accepted the document signs it, indicates the date, his full name and position. This will protect the buyer in case the seller delays returning the money;

  • Replacing a mobile phone is legally possible even if 2 years have already passed from the date of purchase. Replacement is possible throughout the life of the device or within 10 years after purchase (if the service life is not specified). But then the deficiency must be significant or irreparable. In this case, the claim is submitted not to the seller, but to the manufacturer or importer of the product itself. In case of a removable defect, the manufacturer is obliged to fix it free of charge within 20 days or transfer money for the phone.

Exchange/return

Is it possible to return a cell phone to the store within 14 days? It is compiled by store employees, signed by an authorized representative and the client;

  • according to the cash receipt order, the buyer's money is returned.
  • Few people know that a dissatisfied consumer in this case can count on compensation from the seller for damage caused by the sale of a low-quality item.
    How to exchange a smartphone As mentioned earlier, this can only be done if the device has obvious defects caused by the manufacturer or seller.
    These do not include mechanical damage. The buyer is obliged to record them at the time of receipt of the item.
    When the store does not have a replacement device that matches the price, the resulting difference is paid by one of the parties to the purchase and sale transaction.

  • How on legally return the smartphone to the store
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  • Return and exchange of smartphone of proper quality within 14 days law

F_e_d_o_r_o_v of the Law of the Russian Federation “On the Protection of Consumer Rights”, the consumer has the right to exchange a non-food product of good quality for a similar product from the seller from whom this product was purchased, if the specified product does not fit in shape, dimensions, style, color, size or configuration.

F_e_d_o_r_o_v

Returning a smartphone of inadequate quality Art.
18

STD. If a smartphone was purchased that does not meet the quality requirements, then the buyer himself chooses what is more profitable and convenient for him to do:

  • exchange for the same or similar device;
  • force the seller to repair the smartphone or compensate for the costs of restoring it;
  • demand the return of a part of the previously paid amount commensurate with the defects;
  • return the purchase to the store, receiving the previously paid amount within 3 days.

According to the RFP, for most low-quality goods the return period is not limited, but in the case of technically complex devices, which include a smartphone, the time for filing claims should not exceed 15 days.

In what cases is it possible to return a smartphone to a store?

However, the consumer himself is obliged to prove that a significant defect arose during the assembly of the phone or before its purchase;

Return of technically complex goods Cell Phones belong to the category of technically complex goods, therefore, by law, they can be transferred to the seller without examination only in the first 2 weeks after purchase (if it turns out that you were sold a defective phone).

Return of goods within 14 days smartphone law

To do this, you must be guided by Articles 18 and 19 of the PZPP, according to which the return of goods of inadequate quality is possible during the entire warranty period.

If specified deadlines are not established, the return period is limited to 2 years, unless otherwise provided by the contract.
We point out the most important points that should be followed when returning or exchanging goods:

Returning a mobile phone to a store

If the return period was not specified in writing, then the refusal can be issued within 90 days from the date of receipt of the goods. Attention The list of technically complex goods does not apply when sold online. You can return a working phone within the specified time frame if:

  • the smartphone has not been used;
  • its properties and presentation are preserved;
  • There are documents confirming the purchase.

You cannot return a smartphone if it is made individually, just for you (there is a dedicatory inscription, a special color or size).

In this case, no one except you will be able to use the phone, and Article 26.1 prohibits its return.

In cases where a smartphone purchased through an online store turns out to be faulty, the procedure and terms for returning are no different from purchases at a stationary retail outlet.

Returning a smartphone to a store according to Russian law

If the warranty has already expired, then the buyer himself must organize an examination of the phone for the presence of a defect (if less than 2 years have passed since the date of purchase);

  • When the seller, as a result of an inspection, finds out that the defect arose due to the fault of the buyer, and he does not agree with this, the buyer has the right to appoint a new, paid examination.

    If she confirmed the results of the store check, then the buyer pays for it (also the costs of storing the phone and its transportation).

    Otherwise, based on the results of the examination, you can file a lawsuit against the seller (or attribute the results of the examination to him and try to negotiate peacefully);

  • Returning the phone is possible only after writing an application (claim) for return, for which you will definitely need a passport.

    It is advisable, but not required, to attach a sales receipt to the application.