I was tired of hearing from acquaintances the lamentations on the quality of the protection of the rights of buyers in Russia and envious cries: “Here in the west ....”.
No, I do not want to say that I have a negative attitude towards the West, I just want to show that our citizens have protection. And the law on consumer protection is far from what many represent it.

So, let's begin

Seller: You can not pick up the money for the phone, because it has already been two weeks from the date of purchase.

If you have already dealt with a refund, buy a consumer protection code, make notes, bookmarks so that you can quickly put them in a conversation with the guarantee department.
Leave the first (and most important) bookmark on the first paragraph 18 and 19 of the articles, according to them you have the right to a refund during the whole warranty period .

Seller: Sorry, but the phone is a technically complex product, the return period for which is 14 days.
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Well, a weighty statement, the seller points to the same first paragraph of article 18, and it turns out to be “right”.
The fact is that the list of 575 (“List of technically complex products”) was approved in 1997 already.
Lawyers have not prompted any processing, but judging by what I have repeatedly managed to achieve in stores, this is the last list.
What is it remarkable? At least in its size:

The list of technically complex products for which consumer requirements for their replacement are subject to satisfaction if significant defects are detected in the goods.

1. Vehicles and license plates for them
2. Motorcycles, scooters
3. Snowmobiles
4. Boats, yachts, outboard motors
5. Refrigerators and freezers
6. Automatic washing machines
7. Personal computers with basic peripherals
8. Tractors, agricultural, motobloki, motor-cultivators

Yes, mobile phones, smartphones and communicators are not included in this list! (it is worth replacing that PDAs, like computers, are still recognized as technically complex devices, communicators are no longer there).
Feel free to look for this list and show the seller.

Seller: Did you keep the check? By the way, this is where your one-year warranty expires today, sorry, we can't help you with anything.

We open 5 paragraph 18 of the article, according to him the absence of a check - there is still no reason to refuse to return the money. A warranty card with the company’s seal or a sales receipt / invoice may be quite enough, in the extreme case, you can install the seller through the court.
Ah, one-year warranty period, and why all the goods break exactly a week after its completion? Now we will show to the satisfied seller point 5 of article 19.
What do we see? The first time I could not believe my eyes:

In cases when the warranty period stipulated by the contract is less than two years and the consumer’s defects are discovered by the consumer after the warranty period has expired, but within two years, the consumer has the right to present to the seller (manufacturer) the requirements provided for in Article 18 of this Law if he proves that the goods’s defects have arisen prior to its transfer to the consumer or for reasons that have arisen up to this point

And someone complains about these laws? In a past life, he was definitely a phone seller.

Seller: Did you change the firmware in your phone? I know that they changed.

There are several nuances here, firstly, if you return the old firmware before handing over the phone, it is almost impossible to replace the replacement, and modern devices have their own firmware update functionality, which is not a violation of operating conditions.

Seller: What do you say? Does the phone hang? Then we just change the firmware, this is not a repair.

And here the seller is mistaken, yes, initially they thought that changing software was not a repair, drawing an analogy with computers, and replacing the terms software and firmware. In fact, if the software change eliminates the defect, then it is considered a repair, therefore you can refuse to repair and take the money.
This applies to all cases where the malfunction has been eliminated by the firmware downgrade, and in all cases when the manufacturer does not explicitly allow the user to change the firmware. Otherwise, various variations are possible, here I did not even find a judicial precedent, so I can’t say anything confident.

Seller: Well, leave the phone for examination, let's see how you do not blame. Did you drop the phone in the water? Not? "And if I find?"

Not a rare case of such a threat, I myself repeatedly fell under it. And then they did not forget about us, all the same article 18, paragraph 5:

The consumer has the right to participate in the verification of the quality of the goods.

What else should be noted here? Officially, the buyer does not have the right to demand an examination, in my eyes was almost sent a man home, citing the absence of such an item in the law. Yes, they are right, you can not demand an examination . Your right is to demand termination of the contract of sale, according to paragraph 18 of the article. And after that, the store itself will appoint an examination, because now her conclusion is the only reason they can refuse you.

Seller: Ok, leave the phone, now we will issue all the papers and let you know when you will come for examination.

No, this will not work, we are present at the examination only to control honesty, and if the seller receives the phone earlier ... If we have reached here, then he no longer has confidence.
Your right is to pick up the phone and bring it to the examination yourself, no one does not limit you in this, you can refer to the realization of the rights provided for by paragraph 5 of article 18.

Seller: Yes, you are right, the examination will be on Tuesday at 10 am at ___, come, we will wait for you.

And what about the work? You go too far; the date and time of the examination must be reasonable and agreed upon in advance by both parties.

Seller: Well, indeed, it is possible to carry out an examination and not so early, please leave your mailing address, we will inform you about the date and time of the meeting.

The seller knows how our mail works, habrovchane also know, and will not succumb to provocations. We calmly write in the application your mailing address, with the note “please note that the mail reaches me from two to four weeks, you can always contact me by home or mobile phone,” we indicate the phone. By this, you protect yourself from agonizing wait, and you can always point to this mark when you break deadlines.
And the deadlines are 20 days from the date of application, this, if you need to conduct an examination, the period can be extended only if you still refused the first appointed date, then add another 10 days.

Seller: We really appreciate our customers, but even the two years you specify will expire in ten days, we may not have time to conduct an examination.

Actually, they will not have time, if you agree with the seller, one small fact is hidden from you, the warranty period is extended for the duration of all technical events, i.e. You even submitted on the last day, if you did not break the device, you are obliged to return the money.

Seller: Please write what you want to receive the money paid for the goods, in accordance with the attached check

If you were told this, it means that the goods have risen in price, it's a shame, but by chance you didn’t take a phone call?
Article 24:

4. Upon termination of the contract of sale, the consumer has the right to demand compensation for the difference between the price of the goods established by the contract and the price of the corresponding goods at the time of voluntary satisfaction of such a claim or, if the requirement is not voluntarily satisfied, at the time of the court’s decision.
5. To consumers, to whom the goods were sold on credit, in the event of termination of the purchase and sale agreement, the sum of money paid for the goods is returned in the amount of the loan repaid by the day of return of the goods of the loan, as well as the fee for the provision of the loan is reimbursed.

Several subtleties

Rather, it will be comments from personal experience.
If the expert does not identify the person responsible for the defect, often you still have the right to receive money.
Be sure to demonstrate the presence of a defect prior to the beginning of the examination, and ask to document its detection, even if “the phone hangs every 1-2 hours”, are you present at the examination, but suddenly the expert “screw this screw up tight” “accidentally” will repair your phone ?, We want to take the money.
If it comes to court, which is rare with a competent demonstration of knowledge of your rights, a lot of subtleties appear, both in your favor and in favor of the store, the judge is also a person, and each process is individual.
Wear a tape recorder! What nonsense? If the store is aggressive, not stupid at all, the manager will promise you to fill the phone with water, bring the case to court, and say “slander!” To your arguments. Rare case? As recently as last Friday, I ran into this myself. Of course, no criminal case will be filed, but the judge may begin to sympathize with the store more than you.
It is worth noting the subtlety, you can use the voice recorder without the knowledge of another person only in order to protect themselves. I am writing only because I almost fell for it myself.

Important: if the examination establishes your guilt, you will have to pay the examination! You can challenge the decision and conduct another independent examination, but in the worst case you will pay for both. Before going to the store, reset all settings and make sure that there is a defect, and that the defect is not yours!

Afterword

Then there are the subtleties, of which there is a huge amount, and here it will not be possible to be limited to one code of protection of our rights as consumers.
It is often better to overpay a little, but to be sure that you do not have to run around to get a refund, this difference will often be quite small compared to the price of the equipment.

I do not call habra people to ruin all the shops, renting out old equipment, we often just pay more, much more than in other countries, so let the equipment with such surcharge have the appropriate quality.

Have a nice shopping!

Consumer Protection Code