Can I return the wireless headphones?

Exchange and Return of Headphones and Speakers. Can I return the product to the store and get my money back??

I bought the Sony WF-1000XM3 wireless headphones the other day after many glowing reviews, but it turned out that they were not suitable for me at all.

I had no opportunity to test the ears in advance, so I had to buy at random. After all, they came with a large number of nozzles, and something must have fit me.

Sadly it did not get any better with either attachment. After an hour of listening, my ears were starting to get very tired and sore. This has never been a problem before.

So decided to return them back to the store, what could be the problem with that? One day has passed since the purchase, and the whole 14 days are given for a refund. But it was not as easy as we would have liked.

Came across here in Insta on record about the blogger, which in M.Video refused to return the iPhone that I bought from them with an Apple ID already on it. The story is long and complicated, but shorter returned only when she told her entire 1.5 million audience about it. I decided to try to write the same, but on iPhones.ru.

Actually decided to try to do the same. Because no one wants to take the headphones back, citing that the device is of proper quality, and it is a technically complex product.

That is exchanged or refunded only if you find a factory defect.

Return the headphones of proper quality

Technically complex goods, according to Art. 1 st. 18 of the Law of 07.02.The defects that can be returned within 15 days of purchase, but only if there are any defects that were not specified in the purchase contract, can the computer be returned to the store within 15 days from the date of purchase. However, a number of goods that are not included in the list of technically complex, are often not exchanged by sellers on various pretexts. For example, citizens often have a problem with the return of headphones.

The seller claims that the headphones are technically complex goods

Generally, this question is very controversial, including the fact that so far there has been no unified judicial practice, which further worsens the position of consumers, who often, being afraid of uncertainty, do not take up to defend their rights. For example, in a decision on the case.740/14 magistrate judge Yaregsky judicial district of Moscow, Boyarnikova E. Ukhty of the Republic of Komi Galstyan A.М. The judge decided not to recognize the headphones as a technically complex product. As a result, the judge ruled to satisfy the plaintiff’s claims. On the other hand, the justice of the peace of judicial district 18 of Golyanovo district of Moscow Boyarnikova Ye. Boyarnikova E. В., Having considered civil case 2/01234/2011, dated 15 April 2011.04.2011, decided that, according to GOST 23849-87 BREA, headphones belong to the home electronic equipment, in this regard, the exchange and return, with proper quality, is not subject to. In this case, why the judge referred to this GOST is not clear, because it is called: “Methods of Measurement of Electrical Parameters of Signal Amplifiers of Sound Frequency” and does not contain the word “headphones” or other terms and definitions. However, there is also such a court decision.

The Decree of the Government of 10.11.2011 N 924 contains a list of technically complex goods, which does not include headphones. Thus, the reference to clause. 1 Art. 18 of the ZOPP is inapplicable and the return of headphones is possible, even if they are technically sound.

In addition, there is a list of non-food goods of appropriate quality that cannot be returned or exchanged for a similar product of a different size, shape, dimension, style, color or configuration. It has clause. 11, which includes household electronic equipment, to which sellers often include headphones. Here you should refer to GOST 27418-87 “Household Radio Electronic Equipment. Terms and Definitions”. “Stereophonic headphones (headphones)” are in n. 67 of Table 1 and relate to auxiliary devices. П. 62 Table 1 of this GOST gives the following definition: “Auxiliary home radioelectronic device. radioelectronic device, which expands consumer capabilities of home radioelectronic equipment”.

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Thus, headphones are neither a technically complex product, nor a non-food product, which cannot be exchanged if it did not fit the shape, color, dimensions, configuration. It follows that the headphones, which are of appropriate quality, are subject to exchange within 14 days, not counting the day of purchase, based on Art. 25 ZOPP (if the seller does not have a suitable product for exchange on the day of application, the consumer has the right to demand a refund of the money paid for the given product).

With the opening of the package the headphones have lost their commercial appearance

It is almost impossible to open the blister package (which often contains headphones) without damaging it. And without this packaging the product really loses its marketable appearance. But, most often, the seller explicitly states that he can not open the package, because it is disposable and does not allow you to check the operability of the product before you purchase it. In this case, the consumer has no opportunity to get acquainted with the quality of sound, appearance or usability of headphones. According to clause. 17 Rules of Sale of Certain Types of Goods, approved by Government Resolution of 19.01.1998 г. N 55, when selling goods the buyer is given the opportunity to get acquainted with the necessary goods on their own or with the help of the seller. The buyer has the right to inspect the goods offered, to demand a test of properties or a demonstration of their action in his presence, if it is not excluded by the nature of the goods and does not contradict the rules adopted in the retail trade.

Thus, if the seller refused to demonstrate the action of headphones directly in the hall and did not check the properties of the product in the presence of the consumer, he violated the consumer’s right to reliable information about the product, ensuring the possibility of their correct choice. If the customer was given the opportunity to get acquainted with the technical characteristics of the product, its dimensions and appearance, and he refused (or used it, and then decided to buy the goods), then to return the headphones with the package opened will really be problematic (unless the seller himself goes to meet the consumer).

Thus, it is possible to return the headphones. Before appealing, it may be worthwhile to consult with paid or free specialists who deal with consumer protection. If a salesperson is loyal to his or her customers, he or she will gladly do so. Otherwise, even after its refusal the probability of winning in courts is rather high (though not predetermined).

How you can return headphones to the store if you don’t like them

Return of headphones to the store does not always go smoothly. At the same time the customer has the full right to carry out the process in accordance with the established legal regulations.

Legislative base

When considering whether you can return the headphones, you should consider the Consumer Protection Law, according to which return is not possible, because headphones are considered a technically complex product (see. liver established by the Government of Russian Federation)

The return of headphones of proper quality is not possible even with:

  • The presence of proper quality without the presence of obvious damage to the goods;
  • The headphones should be returned to the customer in order to prove that the headphones have not been used;
  • Keeping all the parts of the product (headset, box, wires, warranty, protective film, label, labels).

If the administration of the store refuses to make a return of goods of proper quality, it has all legal grounds for this and it is useless to argue with them. You can only count on a service in the form of a voluntary exchange.

Possible reasons for failure

It is clear that the seller does not want to accept goods that have already been sold. Therefore it can be difficult to return the headphones to the store.

There are many reasons for refusal:

  • The integrity of the original packaging has been compromised or is missing altogether;
  • The headphones show traces of use;
  • Some of the accessories or technical documentation that came with the product are missing;
  • There is mechanical damage to the headphones.

Another thing is that not all of these reasons are fully legitimate. So, without opening the original packaging, the customer can not assess the sound quality, or even determine whether the headphones are working properly at all.

Making a claim for returning the headphones to the store

One of the main aspects when returning headphones to the store is to submit the corresponding application with all the necessary data. The document must be drawn up according to all the rules with the following details:

  • indication of the personal data of the store director to whom the claim is addressed (last name, first name, middle name, name of the commercial establishment and address under the legal agreement);
  • Your personal information (personal initials, phone number, e-mail) and your actual address;
  • A detailed description of the purchase procedure with the exact date of purchase and an indication of the reason for which you want to return the goods (manufacturing defect, faulty equipment, non-compliance with the package);
  • Bring the documents confirming the fact of headphones purchase (receipts, instructions, warranty card, packaging with a bar code);
  • The statutory basis on which the return procedure can be based must be specified;
  • description of preventive measures in case of a possible refusal to return the goods (appeal to the competent authorities, filing an application to the court for satisfaction of the claim and compensation for moral damages);
  • mentioning the request for notification of the decision rendered within the time limits established by applicable law;
  • Attachment of documents in the form of a copy of the check with a clear picture of all the details;
  • Establishing the date of completion and signature with personal initials transcribed.
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Important! If the representatives of the trade institution refuse to accept the application, their actions are illegal. In this case, you can contact the consumer protection organization and, depending on the purpose of the submitted claim, file a complaint against the store!

Procedures for appealing to the court for the return of small goods are quite rare. If the dispute is not resolved in any way, it is necessary to file a claim with the firm belief that there is incontrovertible evidence of the rightness of the buyer.

When buying headphones online the buyer has the opportunity to refuse the product on receipt, if it does not meet his requirements or has any manufacturing defects or obvious signs of dysfunction of the product.

Possible reasons for refusal

It is clear that the seller does not want to accept a product that has already been sold. So it can be difficult to return the headphones to the store.

There are many reasons for refusal:

  • The integrity of the factory packaging is compromised, or there is no packaging at all;
  • The headphones show signs of use;
  • Part of the component parts or technical documentation attached to the product is missing;
  • There are mechanical damages on the headphones.

Another thing is that not all of these reasons are completely legitimate. So, without opening the original packaging, the customer can not assess the quality of sound, or even determine whether the headphones work at all.

Who’s right?

In fact the judicial practice concerning the return of headphones has not been worked out yet. The judges then define them in the category of technically complex, then to the radio electronic equipment.

Government Regulation of 10.11.2011 N 924 contains a list of technically complex goods. And what do you think? It does not include headphones! That is, in fact, I have every right to return, even if they are proper quality.

On the other hand, there is also a list of non-food items that are also not subject to exchange or return. In this list there is item 11, which includes “consumer electronics”.

Only my headphones again do not fit them. Here are the official terms from GOST 27418-87:

“Stereo headphones (headphones)” are in the n. 67 of Table 1 and refer to auxiliary devices. П. 62 Table 1 of this GOST gives the following definition: “Auxiliary consumer radioelectronic device. is a radioelectronic device, which expands consumer capabilities of consumer radioelectronic devices”.

It turns out that my wireless headphones do not fit into any category. And, based on Art. 25 ZPP, I have every right to exchange or return the accessory within 14 days. Especially since they look perfect, as if I just took them out of the box.

The only embarrassing thing is the torn blister. But without it, there was no way I could test the functionality of the headphones. It’s worth going to court?

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This post was written by a reader in the Hangout section, where anyone can post an article. Start at this link. The best posts will appear on iPhones.ru.

P.S. I had no opportunity to test my earphones beforehand, so I had to guess and buy them at random.

Hi all! I bought the other day Sony WF-1000XM3 wireless headphones after many glowing reviews, but it turned out that they did not fit me at all. There was no way to test the ears beforehand, so I had to buy at random. I bought a lot of earpieces with them, so something should have fit me. Alas, none of the attachments.

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Terms & Conditions

A new but unsuitable consumer device for personal music listening or sound information may be attempted to be returned to the seller under the following conditions

  • the product is unused and fully intact;
  • Labels, tags are not torn off;
  • There is a receipt (availability of a receipt is desirable, but this condition is not mandatory);
  • 14 days have not passed since the date of purchase.

These are the conditions listed in Art. 25 ZOPP

The buyer should come to the store and ask to exchange the purchase for a similar device, you can choose a more complicated device or a more promoted, reliable manufacturer, producing universal headphones, in which case you will have to pay the difference in the price (or the seller will return the change).

The money will be returned only if there is no product on sale for exchange.

The headphones with a defect, of which the consumer was not informed, are brought to the store, having prepared a claim (in 2 copies).) and taking your passport, warranty papers, receipt.

First it makes sense to negotiate verbally with the seller, it is possible that they will immediately offer to fill out a return form (or write freestyle on a simple piece of paper).

If the seller will start to flounder and refuse to make a return to the store of the defective device, then it is time to hand over for your signature 1 copy of the form. the claim.

After the 10-day deadline for filing a complaint has passed, you can begin filing a complaint or even a lawsuit.

It is important to keep in mind one important circumstance: if the device broke down as a result of the actions of the user, then you should not go anywhere.

Although the expertise of such goods is economically inexpedient, the stubborn consumer can make advances and invite experts, but the buyer should know that if you find his fault in the defects of the device expert services will pay the client.

Terms & Conditions

New, but not suitable for the consumer device for personal listening to music or sound information, you can try to return to the seller under the following conditions

  • The device has not been used and fully preserved its original properties;
  • the labels and tags have not been torn off;
  • there is a receipt (availability of the check is desirable, but this condition is not mandatory);
  • Not more than 14 days have passed since the date of purchase.

These are the conditions listed in Art. 25 ZPPP

The buyer should come to the store and ask to exchange the purchase for a similar device, you can choose a more complicated device or a more untwisted, reliable manufacturer, producing universal headphones, in which case you will have to pay the difference in price (or the seller will return the change).

The money will be returned only if there is no goods on sale for exchange.

Headphones with a defect that the consumer has not been made aware of, brought to the store, preparing a claim (in 2 copies of the claim), and the headphones with the defect in the memory card.) and taking your passport, warranty papers, receipt.

First it makes sense to conduct oral negotiations with the seller is not excluded that immediately offer to fill out a return form (or write freestyle on a simple piece of paper).

If the seller will begin to flounder and refuse to make a return to the store defective device, then it is time to hand over for your signature 1 copy of the certificate of return. claims.

After the 10-day deadline for filing a complaint has passed, you can begin to write a complaint or even sue the company in court.

It is important to keep in mind one important circumstance: If the device broke down due to the actions of the user, then you should not go anywhere.

Although the examination of such goods economically inexpedient, stubborn consumers can make advances and attract experts, but the buyer should know that if you find his fault in the defects of the device services of experts will pay the client himself.

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