Returning a phone to a store after purchase: grounds and period during which a purchased mobile (cellular) must be exchanged as a product of inadequate quality

Is a letter from Rospotrebnadzor valid for the return of cell phones?

If a store refuses to return money for a product or exchange a product, then this is grounds for bringing it to administrative responsibility under Art. 14.15 Code of Administrative Offenses (fine - from 10,000 to 30,000 rubles).

Typically, Rospotrebnadzor proceeded from the fact that a cell phone belongs to household radio-electronic equipment and, in accordance with paragraph.

11 The list of non-food products of good quality that cannot be returned or exchanged for a similar product of a different size, shape, size, style, color or configuration (hereinafter referred to as the “List”) cannot be returned or exchanged within 14 days from the date of purchase.

Is it possible to exchange a phone for another?

Being household radio-electronic equipment, it belongs to technically complex household goods and is not subject to exchange.

Rospotrebnadzor reports that the name of the product “cell phone” is an everyday one and this product does not apply to household radio-electronic equipment or telephones. According to the sellers, in accordance with the List of non-food products of good quality that cannot be returned or exchanged.

approved by Decree of the Government of the Russian Federation of January 19, 1998 No. 55, a telephone set, a cell phone, being household radio-electronic equipment, belongs to technically complex household goods and is not subject to exchange.

Mobile phones cannot be returned to the seller without reason - Rospotrebnadzor

“If you don’t like it, for example, the color doesn’t suit you, you can’t exchange it.” Now sellers are guided by the current rules of Russian Government Decree No. 55.

It establishes that the buyer has the right, within 14 days from the moment of transfer of a non-food product of proper quality, to exchange the purchased product for a similar product of a different size, shape, dimension, style, color or configuration, making, in case of a difference in price, the necessary recalculation with the seller.

And Article No. 25 of the Law “On the Protection of Consumer Rights” determines that the exchange of non-food products of proper quality is carried out within 14 days if the specified product has not been used.

But all these provisions do not apply to complex household appliances - namely, cell phones are in this category of goods. Complex household appliances cannot be returned to the seller without explanation.

It cannot be said that possible changes in the rules for returning phones will in any way complicate the lives of retailers.

About cell phone exchange

26 Rules for the sale of certain types of goods, approved by the Decree of the Government of the Russian Federation of January 19.

1998 N 55, the buyer has the right, within 14 days from the moment of transfer of a non-food product of proper quality to him, if a longer period is not announced by the seller, to exchange the purchased product for a similar product of a different size, shape, dimension, at the place of purchase and other places announced by the seller, style, color or configuration, making the necessary recalculation with the seller in case of a difference in price.

In accordance with the All-Russian Product Classifier OK 005-93, household radio-electronic equipment belongs to the class of goods with codes OKP 65 8000 - OKP 65 8900.

For example, according to the certificate of conformity, a cell phone is a product with the official name “portable radio station” and has the OKP code 65 7140, which belongs to the product class - radio communications, radio broadcasting and television for general use.

How to legally return a smartphone to a store

Item 11 in this list is occupied by technically complex household goods that provide a warranty period. These include telephones, in particular smartphones.

A mobile phone cannot be returned if it is in working order and is not liked or does not suit you for any reason. In relation to technically complex goods, which include a smartphone, the law still provides for cases of return. Article 18 states that the buyer has the right to demand money if, within 15 days from the date of purchase, defects are discovered in the purchased product.

If the fifteen-day period required by law has passed, then the defective smartphone can be returned to the store under warranty in the following cases: If a significant flaw is detected in the phone.

The phone does not suit me in my work, the presentation is preserved.

Do I have the right to get my money back for the phone?

Therefore, the provisions of Art.

In this regard, the question arose about the possibility of applying the position set out in the deleted letter, and ultimately, about the possibility of returning the cell phone.

Next, we will try to reveal all aspects of this problem and answer the questions posed. Typically, Rospotrebnadzor proceeded from the fact that a cell phone belongs to household radio-electronic equipment and, in accordance with paragraph 11

Rospotrebnadzor (booth)

In particular, we are talking about cases where cell phone sellers refuse customers to exchange goods of good quality for a similar product of a different model. According to sellers in accordance with

“List of non-food products of good quality that are not subject to return or exchange”

, approved by Decree of the Government of the Russian Federation of January 19, 1998 No. 55, a telephone set, a cell phone, is household radio-electronic equipment and is not subject to exchange.

The Department explains that according to clause 26 of the “Rules for the sale of certain types of goods”, approved by the Decree of the Government of the Russian Federation dated January 19.

1998 No. 55, the buyer has the right, within 14 days from the moment of transfer of a non-food product of proper quality to him, if a longer period is not announced by the seller, to exchange the purchased product for a similar one at the place of purchase and other places announced by the seller

Phone Return Law

We'll have to hurry. The first thing you can do is try to negotiate with the sellers.

For example, exchange the device for a similar one or something similar with an additional payment. More precisely, send a claim for product return to the store manager.

It will need to describe the situation and refer to the fact that phones are not technically complex products.

For example, you can provide a link to the letter from Rospotrebnadzor “On the return of mobile phones” dated October 22, 2010.

Source: https://pallada-sar.ru/dejstvuet-li-pismo-rospotrebnadzora-o-vozvrate-sotovyh-telefonov-46046/

Returning a phone purchased through an online store

You can return an unsuitable phone purchased in an online store or by phone before receiving the goods and within 7 days from the date of receipt . The consumer should contact the management of the online store through a written statement.

The store does not reimburse the cost of delivery of goods in case of refusal , and refunds for the goods themselves occur within 10 days to a bank card.

How to return your phone within 14 days without any problems - watch the video tip:

Returning a cell phone of inadequate quality

On October 22, 2010, a letter “On the exchange of cell phones” was published on the Rospotrebnadzor website.

The general meaning of this letter is that a cell phone is not a good quality product that cannot be exchanged.

Therefore, the provisions of Art.

25 of the Law “On Protection of Consumer Rights”: a cell phone can be returned or exchanged within 14 days, not counting the day of purchase.

If a store refuses to return money for a product or exchange a product, then this is grounds for bringing it to administrative responsibility under Art. This letter was later removed from the Rospotrebnadzor website, which was explained by a technical error.

Typically, Rospotrebnadzor proceeded from the fact that a cell phone belongs to household radio-electronic equipment and, in accordance with paragraph.

11 The list of non-food products of good quality that cannot be returned or exchanged for a similar product of a different size, shape, size, style, color or configuration (hereinafter referred to as the “List”) cannot be returned or exchanged within 14 days from the date of purchase.

In a deleted letter, Rospotrebnadzor for the first time tried to justify that a cell phone does not belong to household radio-electronic equipment, using data from the All-Russian Product Classifier (hereinafter referred to as OKP), approved by Decree of the State Standard of the Russian Federation No. 301.

Return and exchange of cell phone

Let us note that Rospotrebnadzor’s letter is not an act containing mandatory rules of conduct, therefore its removal from the official website does not in any way affect the argumentation set out in it.

In the deleted letter, Rospotrebnadzor indicated the following: in accordance with OKP, radio-electronic household equipment belongs to the class of goods with codes OKP 65 8000 – OKP 65 8900.

And according to, for example, a certificate of conformity, a cell phone is a product with the official name “portable radio station” and has the OKP code 65 7140.

Therefore, a cell phone is not consumer electronic equipment and does not belong to goods that cannot be exchanged or returned.

The buyer has the right to change the mobile phone within two weeks after purchase

The buyer has the right to change a working mobile phone within two weeks after purchase - this clarification was issued by Rospotrebnadzor.

We recommend reading: Nikitin Valery Konstantinovich General

Salons that refuse to exchange may be subject to administrative liability. Such rules may provoke unscrupulous users who want to rent cell phones for free for two weeks. The current law on the protection of consumer rights states that the buyer has the right to exchange a non-food product of good quality for a similar product within 14 days from the date of purchase - if it is not suitable in shape, dimensions, style, color, size or configuration.

Exchange and return of a mobile (cell) phone according to the law

23.02.2015

The language of jurisprudence is quite difficult for the average person to understand, which is probably why not only the laws are written in a complex and confusing way, but also such necessary things of everyday life as contracts and guarantees for goods.

Let's consider a trivial situation. A man bought a mobile phone. Being confident that he can return it in 14 days safe and sound if the cell phone is not convenient. A consumer comes to a store asking for a replacement with another model and is refused. The man is upset; the mobile phone was intended as a gift for an elderly person.

The buttons on the selected model turned out to be inconvenient and, accordingly, it was impossible to use the phone. What to do in such an everyday situation, buy a new phone, putting this one on the shelf, or try to protect your rights by referring to the law?

Will consumer protection laws help?

Is a letter from Rospotrebnadzor valid for the return of cell phones?

Law firm Aimwright

Typically, Rospotrebnadzor proceeded from the fact that a cell phone belongs to household radio-electronic equipment and, in accordance with paragraph.

11 The list of non-food products of good quality that cannot be returned or exchanged for a similar product of a different size, shape, size, style, color or configuration (hereinafter referred to as the “List”) cannot be returned or exchanged within 14 days from the date of purchase.

Is it possible to exchange a phone for another?

Being household radio-electronic equipment, it belongs to technically complex household goods and is not subject to exchange.

Mobile phones cannot be returned to the seller without reason - Rospotrebnadzor

“If you don’t like it, for example, the color doesn’t suit you, you can’t exchange it.” Now sellers are guided by the current rules of Russian Government Decree No. 55.

But all these provisions do not apply to complex household appliances - namely, cell phones are in this category of goods. Complex household appliances cannot be returned to the seller without explanation.

It cannot be said that possible changes in the rules for returning phones will in any way complicate the lives of retailers.

About cell phone exchange

26 Rules for the sale of certain types of goods, approved by the Decree of the Government of the Russian Federation of January 19.

In accordance with the All-Russian Product Classifier OK 005-93, household radio-electronic equipment belongs to the class of goods with codes OKP 65 8000 - OKP 65 8900.

How to legally return a smartphone to a store

Item 11 in this list is occupied by technically complex household goods that provide a warranty period. These include telephones, in particular smartphones.

If the fifteen-day period required by law has passed, then the defective smartphone can be returned to the store under warranty in the following cases: If a significant flaw is detected in the phone.

The phone does not suit me in my work, the presentation is preserved.

Do I have the right to get my money back for the phone?

Therefore, the provisions of Art.

In this regard, the question arose about the possibility of applying the position set out in the deleted letter, and ultimately, about the possibility of returning the cell phone.

Rospotrebnadzor (booth)

“List of non-food products of good quality that are not subject to return or exchange”

, approved by Decree of the Government of the Russian Federation of January 19, 1998 No. 55, a telephone set, a cell phone, is household radio-electronic equipment and is not subject to exchange.

The Department explains that according to clause 26 of the “Rules for the sale of certain types of goods”, approved by the Decree of the Government of the Russian Federation dated January 19.

Phone Return Law

We'll have to hurry. The first thing you can do is try to negotiate with the sellers.

For example, exchange the device for a similar one or something similar with an additional payment. More precisely, send a claim for product return to the store manager.

It will need to describe the situation and refer to the fact that phones are not technically complex products.

For example, you can provide a link to the letter from Rospotrebnadzor “On the return of mobile phones” dated October 22, 2010.

Source: https://pallada-sar.ru/dejstvuet-li-pismo-rospotrebnadzora-o-vozvrate-sotovyh-telefonov-46046/

Returning a cell phone of inadequate quality

On October 22, 2010, a letter “On the exchange of cell phones” was published on the Rospotrebnadzor website.

The general meaning of this letter is that a cell phone is not a good quality product that cannot be exchanged.

Therefore, the provisions of Art.

25 of the Law “On Protection of Consumer Rights”: a cell phone can be returned or exchanged within 14 days, not counting the day of purchase.

Typically, Rospotrebnadzor proceeded from the fact that a cell phone belongs to household radio-electronic equipment and, in accordance with paragraph.

11 The list of non-food products of good quality that cannot be returned or exchanged for a similar product of a different size, shape, size, style, color or configuration (hereinafter referred to as the “List”) cannot be returned or exchanged within 14 days from the date of purchase.

Return and exchange of cell phone

In the deleted letter, Rospotrebnadzor indicated the following: in accordance with OKP, radio-electronic household equipment belongs to the class of goods with codes OKP 65 8000 – OKP 65 8900.

And according to, for example, a certificate of conformity, a cell phone is a product with the official name “portable radio station” and has the OKP code 65 7140.

Therefore, a cell phone is not consumer electronic equipment and does not belong to goods that cannot be exchanged or returned.

How to return your phone

Source: https://newohta.spb.ru/vozvrat-sotovogo-telefona-nenadlezhaschego-kachestva.html

What documents do I need to provide?

When a consumer contacts a store to exchange or return a working phone on the day of purchase, he only needs to have a document confirming the purchase, as well as the complete product itself .

If the buyer contacts the store later (but no later than 14 days from the date of purchase), he will need to write an application and provide identification. The statement must indicate the reason why the consumer intends to return or exchange the purchase.

The reasons may be different: inappropriate equipment sizes, equipment, color, etc. If the consumer decides to return or exchange the phone without explaining the reason, he thereby gives the seller the opportunity to refuse this request on formal grounds.

So, the basic rules for returning a phone that did not fit:

no more than 14 days have passed since the date of purchase (not counting the day of purchase);
the presentation is preserved, there are no traces of use;
The consumer should contact the store with the complete product, documents for the product and an identity document.

Funds are returned to the buyer within three days from the date of application. If you pay money to a bank card, the time frame may take a little longer - up to 10 days.

Exchange and return of a mobile (cell) phone according to the law

23.02.2015

Will consumer protection laws help?

The majority of the population knows that non-grocery goods must be accepted by the store within 14 days. Let's take a closer look at whether this is true. Article 25 of the Law “On the Protection of Consumer Rights of the Russian Federation” states that the buyer can return undamaged and unused goods within the prescribed period (14 days) to the seller from whom the purchase was made.

Based on an excerpt from the law, you can demand, rather than ask the store, to exchange a cell phone for another or return the money.

In response to the demand, as a rule, the phrase is heard: “read the law carefully.”

We read and understand that there is a clue on the basis of which the return of the mobile phone did not take place - a list of products that cannot be exchanged on a general basis, which is referred to in Article 25 of the Law of the Russian Federation.

Why did the exchange and return of the phone not take place?

The last line of Article 25, which refers to a separate register of goods that cannot be exchanged or returned, forces you to more carefully familiarize yourself with the legislative framework of the Russian Federation. Of the entire list of non-returnable goods, point 11 is interesting, which sellers love to refer to.

The appendix to the article says that the mobile phone cannot be exchanged, since it has after-sales service, a manufacturer’s warranty, and can only be returned if a manufacturing defect is detected. In other words, all attributes of the category “technically complex household goods”:

Metal cutting machines;
Household woodworking machines;
Electrical household machines;
Electrical appliances;
Radio-electronic household equipment;
Multiplying household appliances;
Household computing equipment;
Photographic equipment;
Cinematographic equipment;
Fax equipment;
Telephone sets;
Electric musical instruments;
Electronic toys;
Gas household equipment;
Gas household appliances.

Reading this list, you want to understand which of these products the cell phone belongs to.

Similar bewilderment is caused by the instructions included in each box, where it is written in black and white: “a telephone is a portable radio station,” the exchange and return of which operates according to completely different rules.

Moreover, certified models have OKP code 65 7140, which was assigned to them according to the all-Russian product classifier.

And despite the fact that the mobile device also has a warranty and service, like the above products, its replacement must take place at the buyer’s request within 14 days, not counting the day of sale/purchase.

OKP protects consumer rights

After reading this necessary document, it is not difficult to find out that the exchange and return of the phone must take place without fail . Evasion of execution threatens the seller with large fines, since such a violation of the buyer’s rights is considered an administrative crime.

Grounds. According to the OKP from the General Classifier number 005-93, household and radio-electronic equipment have codes from 65 8000 to 65 8900.

Further, carefully, the certificate received from the seller indicates code 65 7140, which classifies the cell phone as “a means of radio communication, radio broadcasting and television of general use” (excerpt from the law).

The common name: “cellular device”, “mobile phone”, “mobile device”, “cell phone” cannot be a basis for refusing a return, since it is used only in everyday life, for the convenience of identifying the item.

Duel of laws on the return of a mobile phone, or the help of a professional lawyer

As such, there is no law on the return of a mobile phone in a single form.

A previously published letter from Rospotrebnadzor from the tenth year, clearly defining the exchange of return of mobile phones, was hastily deleted, but not cancelled.

An ordinary person is unlikely to be able to painlessly collect the necessary evidence to protect his rights, as described in detail above.

To save time and nerves, contact professional lawyers for whom Russian laws are their home.

In a law office, you will not only be able to get detailed advice on an issue that interests you, but also draw up an agreement for the provision of services to protect your interests by a professional lawyer.

Based on the agreement and power of attorney, a lawyer will be able to protect your interests not only in court, but also directly before the seller.

Does it make sense to contact professionals to return your mobile phone? You decide. It depends on the value of the goods in question and how much you want to restore justice. After all, you not only have the right to buy a phone, you have the right to use it with pleasure.

Source: https://www.zzpp.info/article/249

Schools will not be able to use mobile phones for teaching

“Mobile communications are not used for educational purposes,” the document says.

Why? Rospotrebnadzor commented on this norm to Rossiyskaya Gazeta as follows:

“Mobile communications devices most often have a small screen size, this entails visual strain and poor posture, so mobile phones cannot be used during a lesson instead of a computer or tablet,” the department’s press service told RG.

New sanitary rules establish, among other things, requirements for the educational process using electronic learning tools. The diagonal of the interactive whiteboard must be at least 165.1 cm. The minimum diagonal for a computer or laptop monitor is at least 39.6 cm, for a tablet - 26.6 cm. The use of monitors based on cathode ray tubes in educational organizations is not allowed.

The total duration of use of electronic learning tools in a lesson should not exceed:

- for an interactive whiteboard - for children under 10 years old - 20 minutes, over 10 years old - 30 minutes;

computer - for children in grades 1-2 - 20 minutes, grades 3-4 - 25 minutes, grades 5-9 - 30 minutes, grades 10-11 - 35 minutes.

But there is an important clarification: when using electronic learning tools with the demonstration of educational films, programs or other information that requires pupils and students to record it in notebooks, the duration of continuous use of the screen should not exceed:

- for children 5-7 years old - 5-7 minutes,

— for students in grades 1-4 - 10 minutes,

— for grades 5-9 - 15 minutes.

Also, when organizing the work of schools, physical education sessions, eye exercises, and monitoring of children’s posture are provided. In elementary school, when using a laptop, you need to use an additional keyboard. When using electronic learning tools, the workplace must provide the child with a visual distance to the screen of at least 50 cm. Tablets must be placed on tables with an inclination of 30 degrees. Headphones can be used continuously for no more than an hour: volume - no more than 60% of maximum. Electronic equipment must be disinfected daily.

“When implementing educational programs using distance learning technologies and e-learning, the class schedule is drawn up taking into account the daily and weekly dynamics of students’ mental performance and the difficulty of academic subjects,” the document says. — Training must end no later than 18.00. The duration of the lesson should not exceed 40 minutes.

In general, the new sanitary rules are one of the key documents for the entire school education system. It affects more than just e-learning. They also stipulate that classes should begin no earlier than 8 a.m. Conducting “zero” lessons and training in three shifts is not allowed. Second shift classes must end no later than 19:00. The duration of breaks between lessons is at least 10 minutes. After the second or third lesson there should be a long break - 20-30 minutes. (Two big changes can be made.) It is especially emphasized that the organization of specialized education in grades 10-11 should not lead to an increase in the educational load.

The maximum permissible load on a child is also prescribed. In the first grade it should not exceed 4 lessons, and once a week - 5 lessons (at the expense of physical education). At the same time, first-graders can study only during the five-day period and only during the first shift. In September and October - they have 3 lessons a day of 35 minutes each, in November-December - already 4 lessons of 35 minutes, and in January-May - already 4 lessons of 40 minutes. In the middle of the third quarter there are additional holidays.

What's in grades 2-4? There should be no more than 5 lessons and once a week - 6 lessons (at the expense of physical education). In grades 5-6 - no more than 6 lessons, in grades 7-11 - no more than 7. Wednesday or Thursday - a light day - “to prevent overwork.”

The duration of the lesson should not exceed 45 minutes (with the exception of the first grades: in them the duration of the lesson should not exceed 40 minutes).

Letter from Rospotrebnadzor on the exchange of cell phones

For many reasons - maybe you didn’t like the operating system, or the device turned out to be too functionally complex and the sound level was too quiet, or the phone’s dimensions are not suitable and fit awkwardly in your hand.

Return and exchange of cell phone

It also happens, for example, that a child is given the same phone as a birthday present that he already has.

And there may be many such “or”s, but the fact is a fact: you no longer need this phone, and you would like to return it back to the store.

502 of this legislative act establishes that the buyer can, within 14 days from the date of purchase of a non-food product (unless, of course, a longer period has been agreed upon), exchange it for a similar one, but of a different size, shape, configuration, or color.

25 Zo ZPP: the consumer, within a period of 14 days, has the right to exchange a non-food product of proper quality for a similar product.

In this regard, two questions arise: The answer to these questions determines whether a working cell phone can be returned.

Is it possible to return a good one to the store?

Let us turn once again to the above List according to Resolution No. 55. 11), of everything that is more or less suitable for cell phones, telephone sets and radio-electronic household equipment are included.

More recently, lawyers used the following arguments to justify the fact that a cell phone is not a technically complex product.

According to the All-Russian Product Classifier OK 005-93, as well as the Certificate of Conformity, cell phones are products that have the official name “wearable transceiver radio station”, which is assigned OKP code 65 7140 (the name “cell phone” is household, everyday).
This means that the cell phone belongs to the class of goods called “radio communications, radio broadcasting and television of general use”, and does not belong to radio-electronic household equipment (the codes of which are completely different - OKP 65 8000-OKP 65 8900).
It also stated that sellers do not have the right to refuse a consumer an exchange of a working mobile phone.
Then a detective story happened with the letter - it mysteriously disappeared from the site, and in its place there was an explanation that the publication of this letter was a technical error.

How it can be a technical error for an authoritative government body to explain legal issues is incomprehensible.

However, today it is pointless to present these arguments, although they continue to be published on many sites.

Does the buyer have the right to exchange the cell phone?

My article also previously talked about the defensive line built on this position, but now the situation with the exchange of phones looks different.

About cell phone exchange 2021 isf

The fact is that since 2021 OK 005-93 has lost force, and in its place OK 034-2014 (OKPD2) was introduced, which contains a completely different classification and other codes, for example, the code “Telephone devices for cellular communication networks or for other wireless networks".

Therefore, insist on the fact that cell phones are not named in paragraph.
True, we still have a second question and a small clue that cell phones are not technically complex goods.

The fact is that there is a special List dedicated to such goods, another one to Government Resolution No. 924.

It does not directly name cell phones, but it is still implied within the meaning.

Is the phone subject to return or exchange?

We’ll look at how to build a line of defense on this lead a little later. Because you ultimately get what you want, but you kind of make a concession to your “rival”, i.e. the store (in this case, the compromise is that you want to exchange the phone and not return the money).

Compromise is perhaps the best and least expensive solution to any problem.

Try to describe your situation to a representative of the store where you purchased the phone and ask to exchange the phone for another, more suitable model.

Letter About Exchange of Goods Sample -

It’s better to talk not with ordinary sellers (they don’t decide anything and only know the memorized phrases “do’s and don’ts”), but with senior employees.

This option is more suitable for large retail chains, where customers are often accommodated.

In a small online store, you will most likely be refused to exchange your phone.
It is better to contact the seller with a request specifically to exchange the phone, and not to return it - after all, no one wants to return the money, but the exchange is a more “painless” procedure for the store.
Trying to “find” a compromise with the seller, still show your firmness and competence.
Communicate with him not beggingly, but not in a dismissive and defiant manner.

The conversation can be conducted in the following direction: “Unfortunately, the phone did not work (give the reason).

I am your regular customer, I really like your store, I plan to continue to buy equipment from you in the future, I don’t want to cause you problems, but I also find it very inconvenient to use this phone.

In addition, you know, the issue of returning a cell phone is very controversial.

But is it possible to return a working phone, and if so, how? If there is a difference in the cost of the returned product and the one taken for exchange, the seller makes a recalculation.

However, this rule does not apply to goods that are listed in the List established by Decree of the Government of the Russian Federation No. 55 (it concerns non-food products of good quality that cannot be returned).

11 stipulates that it is impossible to return some types of serviceable equipment if it relates to technically complex goods.

At one time, even Rospotrebnadzor said that it could be returned within 14 days.

The phone is technically complex

In any case, it’s not worth trying one option first and then the other.

Especially if you plan to defend yourself further in court.
In this case, the store will submit all your statements to the court as evidence of your uncertainty.
And it will immediately become clear that you do not have a reasoned position, you just want to return the phone, which has become unnecessary to you, to the store by any means.
On October 22, 2010, a letter “On the exchange of cell phones” was published on the Rospotrebnadzor website.

The general meaning of this letter is that a cell phone is not a good quality product that cannot be exchanged.

Returning a cell phone taken from. —

Therefore, the provisions of Art.

25 of the Law “On Protection of Consumer Rights”: a cell phone can be returned or exchanged within 14 days, not counting the day of purchase.
If a store refuses to return money for a product or exchange a product, then this is grounds for bringing it to administrative responsibility under Art. This letter was later removed from the Rospotrebnadzor website, which was explained by a technical error.
In this regard, the question arose about the possibility of applying the position set out in the deleted letter, and ultimately, about the possibility of returning the cell phone.
Next, we will try to reveal all aspects of this problem and answer the questions posed.

Typically, Rospotrebnadzor proceeded from the fact that a cell phone belongs to household radio-electronic equipment and, in accordance with paragraph.

11 The list of non-food products of good quality that cannot be returned or exchanged for a similar product of a different size, shape, size, style, color or configuration (hereinafter referred to as the “List”) cannot be returned or exchanged within 14 days from the date of purchase.

Returning a proper cell phone

In the deleted letter, Rospotrebnadzor indicated the following: in accordance with OKP, radio-electronic household equipment belongs to the class of goods with codes OKP 65 8000 – OKP 65 8900.

Returning a cell phone taken from. —

And according to, for example, a certificate of conformity, a cell phone is a product with the official name “portable radio station” and has the OKP code 65 7140.

Therefore, a cell phone is not consumer electronic equipment and does not belong to goods that cannot be exchanged or returned.
The use of OKP as a criterion for classifying a specific product into a particular group is complicated by the fact that OKP was approved at the end of 1993 and, of course, is partly outdated.

On the other hand, today there are no other acts that would fully replace the OKP and that could be used instead. Of course, it is impossible to leave the issue of classification of goods solely at the discretion of the law enforcement officer.