Returning a cell phone within 14 days by law

The need to purchase a phone in installments can be caused by many reasons: a sudden breakdown of a previous device, a gift option for loved ones, updating an outdated flagship, etc. Of course, when buying a phone in installments, you need to remember the potential risks of debt obligations to the bank and know the main stages of completing the application. Find out which bank will approve a loan Take a short test and find out which banks are ready to approve a loan for you. Select a suitable bank from the list, submit an online application and receive money today.

Shop - separately, bank - separately

When considering how to return goods purchased on credit, you need to immediately understand that you have a loan agreement with the bank. All issues related to the loan and its closure must be resolved with the credit institution. With the store - questions related to the direct return of purchased goods.

It makes no difference to the store how the item was purchased. After checking the loan agreement concluded at the retail outlet, the bank transfers the full amount of money for the purchase to the seller. And only then the borrower-buyer pays off gradually with the bank. The store received everything at once, and in fact it doesn’t matter how the purchase was made.

Is it possible by law to return a product purchased in installments?

The rights of store customers are described in a special Law that protects consumer rights. It states that the return of an item (including something purchased on credit) is permitted under the following circumstances:

• A person refuses to use a working device (for example, he changed his mind, didn’t like the color, and so on). In this case, he has 14 days to return the phone.
• The purchased product was found to be defective.

Another important document when conducting a transaction is the consumer loan agreement between the parties. It specifies cases when the buyer has the right to return the phone to the retail outlet. It also spells out the procedure for transferring or replacing things, the nuances of terminating the contract and other aspects of cooperation.

Product that can be returned within 14 days

There are goods that can be returned to the store if no more than 14 days have passed since the date of purchase. The main condition is that it should not be included in the list of technically complex items and those that cannot be returned, for example, jewelry. For example, you can return clothes to the store. And it doesn’t matter whether it was purchased on credit or not.

To return goods of proper quality to the store within 14 days, it is important to preserve their presentation, all tags, and original packaging. If this is not done, admission back will be legally refused.

To register, you need to contact the store and express your desire. By law, the seller cannot refuse if the reason complies with the Consumer Protection Law. If the buyer suddenly encounters an impenetrable wall, he needs to file a claim. Keep one for yourself, the other for the seller: on both samples, the second party makes a mark of acceptance. The claim is considered within 10 days.

But in fact, if we are talking about buying on credit, then the organization is quite large, often even federal. Such companies usually do not take risks and comply with all legal provisions. After the buyer contacts, they return the money within 3 business days without any problems.

The money is returned in cash, then you will need to resolve issues with the bank. Ideally, write an application for early repayment.

How much money can I get back for an item?

The Law “On the Protection of Consumer Rights” (Article 24) states that in the event of a return, the seller is obliged to transfer the amount transferred by the client to the banking institution at the time of termination of the contract. In addition, you can claim the money paid for using the loan. If a person gives away a defective product, he has the right to demand the full cost of the phone, interest charges and other loan payments.

However, there are funds that are not refundable. This includes interest on the loan, insurance services and payment for the services of a financial institution (if the product is transferred to the store without technical faults or defects). When determining the refundable amount, the bank is based on the date when it received the certificate of return of the product. Otherwise, you will have to pay interest for the full term.

If we are talking about a technically complex product

Usually we are talking about household and computer equipment, photographic equipment, and telephones. Quite often, people buy these goods on credit at a retail outlet or in online stores. These things fall into the technically complex category. Returning an item purchased on credit is possible, but not as easy as returning the same clothes.

To return equipment you need a valid reason. It is impossible to give it up because you didn't like it. There must be some kind of defect, only if there is one can the return procedure be carried out.

How do you return a credit item?

1. The buyer, having discovered a defect in the purchased product, has the right to return it within 1 year - this is the warranty period. Some manufacturers increase the warranty to 2-3 years, plus sellers often offer the purchase of an additional warranty.
2. The buyer comes to the retail outlet, brings with him the goods purchased on credit with a box, complete equipment and, most importantly, a warranty card (found in the documents for the equipment).
3. An application for an examination is drawn up on site. Please note that in order to get your money back, an expert examination is required, while sellers often insist on warranty repairs. If you choose the latter, we will discuss a return only if repairs are impossible.
4. The seller sends the equipment for quality control to a specialized center. An examination is carried out within 10 days, and the decision is announced to the buyer.
5. If a technical defect is detected, a refund will be issued. That is, after the notification, you can immediately come to the store and get cash from the cash register. Some can make transfers to current accounts, then the transfer is delivered within 3 days.

If the examination finds that the buyer himself is to blame for the breakdown, he will be refused a refund.

Returning a cell phone within 14 days by law

Lawyer: Tamara Filatova

offline now

Hello Ivan!

In accordance with Article 18, the Consumer, if defects are detected in the product, if they were not specified by the seller, at his own discretion has the right to: demand a replacement for a product of the same brand (same model and (or) article); demand a replacement for the same product another brand (model, article) with a corresponding recalculation of the purchase price; demand a commensurate reduction in the purchase price; demand immediate free elimination of defects in the product or reimbursement of the costs of correcting them by the consumer or a third party; refuse to execute the sales contract and demand a refund of the amount paid for the product . At the request of the seller and at his expense, the consumer must return the goods with defects. In this case, the consumer also has the right to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality. Losses are compensated within the time limits established by this Law to satisfy the relevant consumer requirements. 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 are subject to satisfaction in one of the following cases: discovery of a significant defect in the product; violation of the deadlines established by this Law for eliminating defects in the product; impossibility of using the product during each year of the warranty period for a total of more than thirty days due to repeated elimination of its various defects. According to the List of technically complex goods approved by the Government of the Russian Federation, the telephone is classified as a technically complex product.

The seller (manufacturer), authorized organization or authorized individual entrepreneur, importer are obliged to accept goods of inadequate quality from the consumer and, if necessary, carry out a quality check of the goods. The consumer has the right to participate in checking the quality of the product. In the event of a dispute about the reasons for the occurrence of defects in the goods, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, or the importer are obliged to conduct an examination of the goods at their own expense. The examination of goods is carried out within the time limits established by Articles 20, 21 and 22 of this Law to satisfy the relevant consumer requirements. The consumer has the right to be present during the examination of the product and, in case of disagreement with its results, to challenge the conclusion of such examination in court. If, as a result of the examination of the product, it is established that its defects arose due to circumstances for which the seller (manufacturer) is not responsible, the consumer is obliged to compensate the seller (manufacturer), authorized organization or authorized individual entrepreneur, importer, costs of conducting the examination, as well as associated costs for storage and transportation of goods.

That is, the Seller has the right to conduct an examination, and you have the right to be present during it.

Sincerely, F. Tamara

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What about the loan agreement?

After completing the return procedure in the store, you will need to resolve issues with the bank. The purchase and sale agreement and the loan agreement are two completely different documents, and they must be terminated separately.

In the case of a loan agreement, what to do next is up to the borrower to decide. In general, you can do nothing and pay off the loan in future monthly payments. It turns out that the loan will remain valid, but the purchase agreement will be terminated, the client will receive cash in hand. There is no obligation to close the loan immediately.

But it is still best to repay the loan early after receiving money from the store in order to completely get rid of the obligations. The procedure is as follows:

1. Contact the bank and write an application for full early repayment of the loan. The manager will recalculate and tell you how much to deposit into the account.
2. By the designated date, usually 7-14 days after writing the application or on the day the next monthly payment is written off, you need to ensure the entire required amount in the account.
3. The bank writes off the money and the loan is repaid in full ahead of schedule.
4. Now you need to contact the bank again and get two certificates: about complete closure and about the amount of interest that the borrower ultimately paid. A second certificate will be needed to return this interest to the store.

If insurance was included in the contract, it will need to be returned by writing a statement to the insurance company.

The situation is complicated by the fact that often the bank and the insurer do not have offices in the city of residence of the debtor. Then questions will have to be resolved via the hotline and by sending applications by mail. For a detailed algorithm for remote cancellation of services, please contact the providers of these services.

How to return (exchange) a product - algorithm of actions

If the phone is not suitable for one of the above reasons, it is important to exchange the product and return the money for the service. The algorithm of actions is as follows:

1. Filing a claim and setting up conditions - terminating the agreement with the buyer and returning the product, replacing the phone with a similar device or conducting an exchange. If the reason for such actions is a product malfunction or defect, the claim indicates a requirement to pay interest. The document is drawn up in 2 copies, and on the buyer’s copy, the representative of the retail outlet puts a mark on acceptance of the paper for consideration with the seal of the legal entity. The document is sent by registered mail with the condition of notification upon delivery of the paper. This approach is required if the seller does not accept the claim. If the purpose is to terminate the agreement, the details of the financial institution (creditor) are indicated. If the buyer decides to return the phone, 10 days are allocated for the transfer of money from the date of submission of the claim. In the event that the product is defective or out of order, the claim is submitted with copies of the pledge agreement and consumer loan. In addition, a certificate of the cost of the loan is sent to the store, as well as receipts for payment of interest or other payments under the loan agreement (issued at the credit institution). As for checking the phone for a fault, this work is paid for by the buyer.
2. The next step is to issue a certificate of return of the device (drawn up with the participation of an employee of the outlet). Based on this paper, the banking institution makes a decision on the return of funds. The advance payment is returned from the store's cash register or transferred to the card. As for interest (when returning a faulty product), as well as other payments, they are made after submitting supporting documents. Simply returning the phone breaks the sales agreement. This means that before terminating the loan agreement, the buyer must pay the loan to avoid penalties.
3. The last stage is the termination of banking agreements (pledge and loan). To achieve a result, you need to collect and submit the necessary package of papers (deed and claim). Then the loan and interest for the entire period of the loan are returned to the financial institution. Finally, you need to take a certificate about the loan price and account closure. As soon as this work is completed, an application for the issuance of money is completed. If the amount in the bank's account exceeds what is required to pay off the loan early, the lender transfers the difference in cash without opening accounts or collecting fees.

Remember that until the loan agreement is terminated and the account is closed, payments will have to be made in full.

Is it possible to return an item purchased in installments?

Returning goods purchased in installments is no different from standard returns. Installment is the same loan, only issued under special conditions. That is, first you need to resolve the issue with the store, then deal with the bank.

If we consider the question of whether it is possible to return a product purchased in installments, then this can be done within 14 days, and in the event of a breakdown of a technically complex product during the warranty period.

There are three types of installments:

1. From the store itself. Usually found in small stores. Here the issue will be resolved individually with management.
2. A joint product of a bank and a store. This is a loan that carries interest. But the store makes a discount on the product by the amount of these percentages. Therefore, in the end, when you return, you will receive less money than it was on the price tag, but after that you will be able to return the interest paid.
3. Installment card. There really won't be any interest. Having returned the money, you can simply close the obligation with it. No statements are needed. This is the most convenient option.

Interest refund

Citizens know that they can return goods purchased on credit, but not everyone is aware that interest paid to the bank can also be returned. This is stated in Article 24, paragraph 6 of the Law on the Protection of Consumer Rights. It is clear that stores do not advertise this at all, since they have to return it out of their own pocket. And only a small part of buyers know about this norm and use it.

When applying for a refund for goods purchased on credit, you must then close the loan and receive a certificate indicating the amount of interest paid. This document must be submitted to the store and an application for refund of the overpayment must be written. The store is obliged to consider the application and return the money.

If the goods purchased on credit were returned within 14 days, then it is clear that the amount of interest for several days will be too small, sometimes it will simply be pointless to bother with it. But if we are talking about a technically complex product, then a return can be carried out even a year after the purchase.

Sometimes it happens that the loan has already been paid in full on schedule, but the product turned out to be faulty. Then, when considering how to return a loan item, be sure to also issue a refund of interest. Considering that POS loans are the most expensive bank loans on the market, the interest amount will be quite large. Sometimes it reaches 50-100% of the initial price of the product.

about the author

Irina Rusanova - higher education at the International East European University in the direction of "Banking". Graduated with honors from the Russian Economic Institute named after G.V. Plekhanov with a major in Finance and Credit. Ten years of experience in leading Russian banks: Alfa-Bank, Renaissance Credit, Home Credit Bank, Delta Credit, ATB, Svyaznoy (closed). He is an analyst and expert of the Brobank service on banking and financial stability. [email protected]

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Comments: 29

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Author of the article Irina Rusanova

Consultant, author Popovich Anna

Financial author Olga Pikhotskaya

1. Vitaly
   06/19/2021 at 04:59 Hello, I have a question, I bought two products in installments from the Gold Standard purchase: a trimmer and a hoverboard. The hoverboard turned out to be not in working condition. They told me that they would send a replacement from other branches, but still there is nothing. I wanted refuse the hoverboard, to which I was told that I need to return two goods. Can I refuse only the hoverboard?
   Reply ↓ Anna Popovich
   06/19/2021 at 16:14

   Dear Vitaly, as a general rule, yes. But you need to understand the terms of the loan agreement that you signed; there may be restrictions there.

   Reply ↓

Results

Despite the transparency of the legislation, difficulties often arise in the issue of returning a phone. At the same time, to the question of whether it is possible to return a cell phone purchased on credit, the answer is yes. The main thing is to comply with the necessary conditions for returning the phone (the device is faulty, defective, or less than 14 days have passed from the date of purchase). If you simply don’t like the product, you can return it only within up to 2 weeks while maintaining its original appearance and original characteristics. When the specified period expires, you will have to take the phone to a service center, and then proceed according to the algorithm discussed above.