You decided to keep up with the times and acquired a new cell phone. But at home found that you did not like the acquired gadget or uncomfortable to use. There are several ways to return the phone back to the store.
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You sold a good phone, without providing full information about it. Often, the telephone instructions are available only in a foreign language, but in the Russian liner from several lines. Thus, there is no complete characteristics of the phone in Russian. Or when buying you, they did not say about the absence of important features of the cellular, the presence of which prompted you to make a choice in favor of this model. In the above cases, the seller did not fulfill the obligation to ensure the buyer with reliable information about the phone, as required art. 10 of the Law "On Consumer Protection" (hereinafter the law). The legislator provides you with the right to refuse to fulfill the contract and the right to refund transferred cash for the telephone (clause 1 of Article 12 of the Law). The presence of witnesses will simplify you the task of refund.
Look for a compromise. Try to negotiate with the seller. Justify the reason for the return phone return. In such a case, the seller usually refuses to exchange goods or return the paid amount of money. The reason is clear: the phone returned to the store with an already written guarantee will not be able to go on sale at the same cost. The seller suffers losses. Therefore, he is entitled to refuse you to replace the gadget, referring to a list of technically complex products that are not exchanged ( p. 1 Art. 25 law). Some lawyers argue whether there is a cell phone to this category of goods. However, based on judicial practice, it is a technically complex product. Perhaps you will be lucky and the seller will in order to increase its reputation will meet you towards and exchanges the phone, provided that it is not exploited.
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Return a faulty phone. At home you found that your gadget has a malfunction. According to p. 1 Art. 18 of the Law You have the right to come to the store within a fifteen day and demand to replace the cellular on the same or on the phone of another model with an increase or decrease in the purchase price, respectively. You also have the right to terminate the purchase and sale transaction with the return of the amount paid. However, if the term is missing, you can present these requirements only in the presence of significant flaws of the product or when you pass the seller of the timelines established by the law to repair the goods. Essential include repeatedly repeated or unreasonable disadvantages. This moment should also be proved.
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In any case, you are heading to the store and draw up a claim in which the essence of the shortcomings of the gadget and your requirements. Create a complaint in two copies, on your own store employee to make a mark on receiving with the obligatory postpona of the date or send a complaint with mail with a written delivery notice. So you prove that the term of fifteen days is not missing. The seller sends the goods to the examination. Your intention to attend it specify in the claim. But usually there is no need for it. If there are no chalves in the phone breakdown, complaints are satisfied. With a negative solution of the seller and your disagreement, you are entitled to protect your interests in court.
Look for a compromise. Try to negotiate with the seller. Justify the reason for the return phone return. In such a case, the seller usually refuses to exchange goods or return the paid amount of money. The reason is clear: the phone returned to the store with an already written guarantee will not be able to go on sale at the same cost. The seller suffers losses. Therefore, he has the right to refuse you to replace the gadget, referring to a list of technically complex products that are not subject to exchange (clause 1 of Article 25 of the Law). Some lawyers argue whether there is a cell phone to this category of goods. However, based on judicial practice, it is a technically complex product. Perhaps you will be lucky and the seller will in order to increase its reputation will meet you towards and exchanges the phone, provided that it is not exploited.
Form of application here.
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2430
Look for a compromise. Try to negotiate with the seller. Justify the reason for the return phone return. In such a case, the seller usually refuses to exchange goods or return the paid amount of money. The reason is clear: the phone returned to the store with an already written guarantee will not be able to go on sale at the same cost. The seller suffers losses. Therefore, he has the right to refuse you to replace the gadget, referring to a list of technically complex products that are not subject to exchange (clause 1 of Article 25 of the Law). Some lawyers argue whether there is a cell phone to this category of goods. However, based on judicial practice, it is a technically complex product. Perhaps you will be lucky and the seller will in order to increase its reputation will meet you towards and exchanges the phone, provided that it is not exploited.