Is a mobile phone a complex technical device from a legal point of view?

What is a telephone

A telephone is a device for transmitting and receiving audio signals over a distance. Communication is established by dialing a specific number, and sound is transmitted using electrical signals. This is a general term that is used to refer to absolutely any type of phone.

It is important to note that the first telephones did not have dialing capabilities and only allowed communication between two devices connected by a single cable.

What is a mobile phone

A mobile phone (cellular) is a phone that operates on cellular networks, such as GSM. Previously, they were called an already outdated term - cellular, but now it is practically not used, and we just say: mobile, mobile phone.

Interesting! At the moment, there are several different data transmission standards with which mobile phones can operate; there are even satellite models.

What applies to office equipment

Organizational equipment, or “office equipment” for short, is an expression that refers to all modern technical means and apparatus used in the offices of small businesses or large industrial enterprises. Office equipment now includes office supplies, tables, cabinets, chairs and other furniture. You may be surprised, but even household items are included here: kettles, microwaves, coffee makers and other appliances. You can also easily and safely add anything that will make it easier for an employee to perform his duties at work.

A few decades ago, it was difficult to find so many different types of equipment in the office. Standard equipment included a typewriter, a calculator or a wooden abacus, and most likely the list ended there. The modern version of the workspace is radically different from that time.

To make a copy of the document text, you had to take care of this in advance. Special copy paper was used. It was placed under the original and while it was being created, a copy was simultaneously “made” by removing the ink from the carbon paper due to the pressure of the pen.

PC

A computer is a special electronic digital device that is capable of storing and processing information and data of various kinds and complexity. But it can also be used for: entering information, creating text documents, drawings and pictures, tables, presentations, working with email and video materials.

A PC is not just a personal computer with a monitor or a laptop. When you use an ATM or self-service terminal, for example, know that there is also a built-in computer. Simply, due to necessity, it is not visible.

And computers can be of different formats and purposes, but their basis is the same. Let's consider each of the possible options in more detail.

Laptops

They are also called “portable”, but this name has not caught on so much. They can operate from the mains or from a battery, which must first be charged and this procedure must be carried out regularly. A laptop is no different from a regular PC in terms of internal hardware and data processing capabilities.

Tablets

Another subtype of portable devices. They are smaller than a laptop and have no physical keyboard at all. Instead, its virtual counterpart is used. In most cases, the Android or Windows Mobile mobile operating system is installed inside. Input is carried out using a touch screen.

Servers

A server is a subtype of computer, but much more powerful than its regular “brother”. It has a higher processor frequency or the number of its cores, RAM, hard drive capacity and other higher-level characteristics. The server can be used to store, process information, and control other workstations or printing equipment.

Printers

To print any text or graphic document previously typed on a computer, you will need a printer. There are several types of printing devices. But according to the type of printing used, laser and inkjet options are divided. The former use toner powder, and the latter use dyes or ink. The principle of applying an image to paper is also radically different.

Recently, it has become fashionable to abandon printed copies and switch to digital document management. But only a few offices are following such trends so far.

Scanners

A scanner is a special device that is designed to create a digital copy of a physical document. It can be used to transfer information from a printed sheet to a computer or laptop. Further, after processing with special programs, such data can be changed or edited. The information is subsequently stored in the form of computer files. May be reproduced or transmitted by email.

Photocopiers

This type of office equipment is also called a “copier”. Its purpose is to reproduce ready-made sheets with text or images. The essence of the work is the same as that of a scanner, only the result is not a text or graphic file, but a sheet of paper similar to the original.

Previously, to make a copy of a document, you simply had to type it again on a typewriter or reproduce it manually. But laziness became the engine of progress here too. After the invention of the black-and-white copier, it became firmly established in the life of an office worker. The device is still relevant and in demand. You can also make a color photocopy if you have the appropriate type of equipment.

MFP

MFPs are multifunctional devices that include several options for office equipment. This includes: a printer, scanner, copier, and in some models, a fax. Of the main advantages of this option, we note:

Savings when purchasing several devices at once. This fact explains the high popularity of the technology.
Reasonable use of space in the office, which is important for the increasingly expensive rental of business premises in recent years.
Ease of operation and low prices for MFP maintenance.

On our website you can choose an MFP for your home from a rating of models.

Shredders

In order to prevent important information from reaching competitors or simply attackers, in some cases it has to be destroyed. A shredder will be a great help for this. A special machine that quickly cuts the sheet into a large number of small parts that are physically impossible to put back together.

Legal regulation of the return of technically complex goods

The return of technically complex goods to the store is regulated by:

(as amended in 2021) “On approval of the list of technically complex goods”;
Law of the Russian Federation “On the Protection of Consumer Rights”.

According to these regulations, the peculiarity of technically complex goods is that they cannot be returned or exchanged within the established time frame for goods that are not included in this list.
Such goods based on Art. 18 of the Law “On Protection of Consumer Rights”, returns and exchanges are not allowed within 14 days. But this rule only applies to a serviceable product that has no flaws. That is, the buyer cannot exchange a technically complex product if he simply changed his mind or did not like the product.

This situation is due to the fact that technically complex products have warranty periods. When purchasing such a product, it is quite important to ensure the safety of payment documents (usually cash and sales receipts), and also to ensure that the warranty card is filled out correctly. Although in the absence of these documents the buyer has the right to count on satisfaction of his requirements, but with them the procedure is faster and without unnecessary delays in collecting and verifying the evidence base.

Government Decree No. 924

In the spring of 2021, the Government made a number of amendments and changes to the list of products that fall under the definition of “technically complex goods”.

The main additions affected the following groups:

equipment that can use wireless communications;
presence of a sensor on the phone screen;
the device must have at least two functions;
portable computer units;
some household appliances.

What is a technically complex product?

From the name it is clear that the definition refers to technology. However, not all equipment can be classified into this group. Since it is impossible to describe, for example, a car and a transmitting antenna with one definition, the government approved a list of technically complex goods.

The resolution “On approval of the list” was issued in 2011. In 2016 and 2021 New equipment was added to the list. The need for adjustment arose naturally with the advent of new engineering developments. The mechanism for replenishing complex technical goods works through resolving controversial issues in court.

In addition to the list, the criteria by which a product is allocated to this group are defined. Namely:

the presence of an engine in transport, aircraft or swimming equipment (electric or internal combustion);
there is a function for transmitting information;
there is an electronic “stuffing”;
equipment performs two or more functions;
often significant dimensions;
high price.

If a purchase claims to be technically complex, then it must meet at least 2 criteria from the list above.

For example, a boat, in addition to being large and expensive, must be equipped with a motor. Whereas the motor itself is not included in this group. An ordinary vacuum cleaner is not a technically complex product. A robot vacuum cleaner (with an electronic unit) was added to the list in 2019.

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Note! In controversial cases, the law provides for an examination to determine the status of the goods.

What applies to technically complex goods

The list of technically complex goods that are not subject to exchange or return within 14 days, provided they are of proper quality, includes:

Air transport (planes and helicopters).
Passenger cars, motorcycles, scooters and vehicles with internal combustion engines.
Water transport : boats, yachts, boats, sports vessels, etc.
Transport for traveling on snow (snowmobiles).
Tractors and walk-behind tractors , etc. machines for agriculture.
Navigation and wireless communications equipment that have a touch screen and have two or more functions.
Laser and inkjet MFPs, monitors.
Computers, system units, laptops , personal computers.
Satellite TV set, game consoles.
Phones and projectors.
Digital photo and video cameras , lenses and film equipment.
Refrigerators, stoves, air conditioners, electric heaters.
Wrist and pocket watches , electronic watches with two or more functions.
Electrified tool.

The word “smartphone” is not directly listed in the list. But buyers should pay attention to item 6 in the list. Modern smartphones fall under the definition of “equipment that has a touch screen and has two or more functions.”

Is a regular mobile push-button telephone without a touch screen a technically complex product?

Question:

Please explain the rights of consumers regarding a refund for a low-quality push-button telephone? I am aware that Resolution 55 has recently ceased to apply, and I still don’t understand whether an ordinary push-button cell phone without a touch screen is a technically complex product? And is it now possible to demand a refund for such a low-quality phone if it breaks for the first time after two months of use, and the identified defect is insignificant?

Response from the Consumer Union of the Republic of Tajikistan:

In accordance with clause 6 of the Decree of the Government of the Russian Federation of November 10, 2011 No. 924 “On approval of the list of technically complex goods,” technically complex goods in particular include navigation and wireless communications equipment for household use, including satellite communications, having a touch screen and having two or more functions.

Indeed, earlier in paragraph 11 of the List, approved by Resolution No. 55 of January 19, 1998, the concept of technically complex goods was also interpreted, which mentioned telephone sets and household radio-electronic equipment, which could not be exchanged or returned if they were of proper quality. Note that it is of good quality!

But the stores persistently “combined” these two Lists together, taking advantage of the fact that in the legislation there was a dual interpretation of the concept of technically complex goods. All this created a lot of problems for consumers and these problems had to be resolved in the courts. So, for example, one of the largest Russian companies that sells telecommunications equipment throughout Russia even challenged the court decision and the resolution of the federal government supervisory authority in the field of consumer protection, proving its position on this issue. However, the appellate court, in its decision in case No. A40-218573/2016, came to the final conclusion that push-button phones without a touch screen do not have all the features of a technically complex product, which are specified in the Decree of the Government of the Russian Federation of November 10, 2011 No. 924 and this fact was no longer disputed.

In order to avoid duplication of legal norms, Resolution No. 55 of January 19, 1998 was repealed, and instead, on December 31, 2020, the Government of the Russian Federation approved a new Resolution No. 2463, where there is no interpretation of the concept of technically complex goods.

conclusions

Taking into account the above circumstances, technically complex goods include only those goods that are specified in the Decree of the Government of the Russian Federation of November 10, 2011 No. 924. Consequently, a push-button telephone without a touch screen is not a technically complex product. Therefore, if such a device breaks down due to any manufacturing defect, the consumer has the right to demand the amount paid for the defective product in accordance with Article 18 of the Law “On Protection of Consumer Rights”.

Is a mobile phone a complex technical device from a legal point of view?

Modern means of communication are often a real miracle of technology. Every online mobile phone store offers gadgets equipped with a wide variety of functions and services. Some models even surpass computers and laptops in their design. At the same time, oddly enough, a mobile phone is not always recognized as a technically complex product. There is a different point of view on this matter in judicial practice. But in some situations, for the seller and the consumer, the issue of the “complexity” of a given device is of paramount importance. The fact is that, in accordance with current legislation, if the quality of the purchased product does not correspond to that stated in the contract, the buyer will have the right to refuse the transaction and return the money. He will also be able to demand replacement of the product during the entire warranty period. However, there is an exception to this rule. Thus, for technically complex devices, this rule only applies during the first 15 days after purchase. Then the buyer can return the item or demand its exchange only if significant defects are discovered. If the store considers that the damage is insignificant, it can simply be repaired in a warranty workshop. That's all. Not every cell phone owner will be satisfied with such a solution. At the same time, sometimes courts still do not recognize phones as technically complex devices. The reason is that there are certain inaccuracies in the legislation on this matter. On the one hand, there is a “List of technically complex goods...”, approved. Decree of the Government of the Russian Federation dated May 13, 1997 No. 575. Mobile phones are not included in it. On the other hand, there is another list, which, in fact, is often referred to by sellers. We are talking about Decree of the Government of the Russian Federation dated January 19, 1998 No. 55. In paragraph 11 of this regulatory legal act, communication means are named as technically complex goods. There is a so-called conflict in legislation, which, if necessary, citizens will have to resolve in court. And the outcome of the case can be anything in this case. It all depends on the judge and the skill of the lawyers to whom the parties entrust the handling of this case. On the other hand, consumers can file such claims without paying a state fee. So why not try to defend your rights in court?

Returning a purchased smartphone

Let's start with the main thing - technically complex goods of proper quality cannot be returned. What does it mean? If you paid for your purchase, returned home and discovered that the phone does not fit comfortably in your hand or the color did not meet expectations, but it works properly, it will be impossible to return the money for it or exchange it for another model.

Things are different when a technical malfunction of the device is detected. You must file a complaint about problems with the phone within 15 days from the date of purchase or take advantage of the warranty after the established period. The seller is obliged to submit the smartphone for examination to determine the malfunction. If one was found, the buyer has the right to demand a refund for the phone, an exchange for a similar model or a device of another brand when the price is recalculated.

This rule applies to regular stores; their online counterparts are a little simpler. The buyer has the right to return a working smartphone within 7 days after receiving it in person or within 3 months if information on returning the purchase of proper quality was not included with the product. In this case, you can return the device provided that you have saved:

Marketable condition.
Consumer properties.
Document confirming the purchase.

The phone is fine, but I want to return it

Article 25 of the Law on the Protection of Consumer Rights provides for the buyer's right to exchange goods of good quality if they do not suit him in shape, dimensions, style, color, size or configuration.

Upon careful reading, we will see that we are talking about an exchange and not a return, however, in part two of the commented article it is stated that if a similar product is not available on the day of application, the consumer has the right to terminate the sales contract and the funds must be returned to him within three days .

In practice, this comes down to the fact that the buyer can say: “This color didn’t suit me, I want a zebra coloring with crimson specks. You do not have? What a pity! Then you will have to terminate the contract...” It is my deep conviction that under the current wording of Part 1 of Art. 25 of the Law, the buyer must have the right to demand an exchange for such a similar product that was originally in the seller’s assortment. He chose from the proposed options. In fact, every second person simply returns the item, without even intending to consider the exchange option. Then let's st. 25 we’ll call it “The consumer’s right to exchange or return goods of good quality” and remove these unnecessary reasons from the first paragraph. But this is lyrics, let’s return to the question that interests us.

Paragraph four, part 1, art. 25 of the Law on the Protection of Consumer Rights states that there is a list of goods that cannot be exchanged simply at the request of the buyer. By the way, the official name of the list already includes not only exchange, but also return, which is more consistent with established practice.

Clause 11 of this list indicates the following category of goods:

Technically complex household goods for which warranty periods are established (household metal-cutting and woodworking machines; household electrical machines and appliances; household radio-electronic equipment; household computing and copying equipment; photographic and film equipment; telephones and fax equipment; electric musical instruments; electronic toys, household gas equipment and devices; wrist and pocket watches, mechanical, electronic-mechanical and electronic, with two or more functions)

From this norm we can conclude that telephone sets, subject to a warranty period being established for them, cannot be exchanged or returned simply because they are not liked. It would seem that this could be the end of it. But there is one important nuance.

The group of goods in paragraph 11 is designated as technically complex household goods. Let's look at the list of technically complex products and see what information is contained in it. Clause 6 of this document refers to navigation and wireless communications equipment for home use, including satellite communications, that has a touch screen and has two or more functions.

Taking into account these clarifications, we will correct the above conclusion: a phone of proper quality will not be subject to return or exchange if it:

1) has a touch screen, 2) has two or more functions, and 3) it comes with a warranty.

Please note that the text uses the conjunction “and”, which makes it mandatory to comply with all conditions. Respectively:

— if the phone is a push-button phone and touching the screen has no effect, then the device will no longer be technically complex;

- if the phone has a touch screen, but all it can do is make calls OR write SMS, then this is not a technically complex product;

- if a phone can only do one thing, then no matter what screen it has, it will not be a technically complex product;

- no matter how cool, modern and multifunctional the phone is, the lack of a warranty on it makes it possible to return or exchange it.

Conclusion: if you become the owner of the phone described above and change your mind within 14 days after purchase, you have every right to demand termination of the sales contract and a refund.

There remains one important clarification - all of the above nuances are relevant if you bought the product “live”, that is, you have in your hands the device that you tested in the store or an analogue of the sample in question. If you purchased a phone remotely (for more details, see the article “When is a product considered purchased remotely?”), then, regardless of its characteristics, it can be returned without explanation within 7 days from the date of purchase. The seven-day period is valid if the return period and procedure were explained to you in writing when handing over the phone. Otherwise, the right to an unconditional return is retained for three months.

The basis for this conclusion is the absence in Art. 261 of the Consumer Protection Law restrictions on returns for technically complex goods. Moreover, taking into account the fact that this article reproduces the provisions of Art. 25, then it should be considered as special. And since it does not establish any restrictions, then we can only welcome the increased protection of consumer rights when making a purchase remotely.

So, I think we’ve sorted out the exchange and return of a phone of proper quality. Now let's talk about what to do if the product has flaws.

Phone with flaws, what should I do?

Here, again, it is of fundamental importance whether the phone is technically complex or not. Now let's figure out why. (Remember that it will be technically complex if it has a touch screen AND has two or more functions).

2.1. The phone is not technically complex

If there is a warranty period, you have the right to demand a refund at any time during its validity period if one or another defect is discovered in the phone. Of course, we are talking about shortcomings due to defects, and not because the phone, for example, fell and its screen cracked.

If the warranty period is not established, then the buyer has the burden of proving that the defect arose before the phone was handed over to him. Such circumstances are established during the examination.

Do you feel the difference? If there is a warranty period, it is enough to prove the fact of the defect; if there is no, it is also necessary to prove that it arose before the goods were transferred to you. Remember that if the truth is on your side, then all costs associated with proof will ultimately be borne by the seller.

2.2. The phone is technically complex

In this case, you will be able to demand a refund if a common defect is discovered only within fifteen days from the moment you became the owner of the phone. What is a common deficiency?

Defect of goods - non-compliance of goods either with the mandatory requirements provided for by law or in the manner established by it, or with the terms of the contract (in their absence or incompleteness of the conditions usually presented to the requirements), or for the purposes for which goods of this kind are usually used, or for the purposes about which the seller was aware informed by the consumer when concluding a contract, or a sample and (or) description when selling goods according to the sample and (or) description.

After the specified period, the phone can be returned if:

1) discovery of a significant flaw in it,

2) violation of the deadlines for troubleshooting or

3) inability to use the phone for more than 30 days during each warranty year due to repeated elimination of defects.

What is a significant deficiency?

A significant deficiency is an irreparable deficiency or deficiency that cannot be eliminated without disproportionate costs or time, or is detected repeatedly, or appears again after its elimination, or other similar deficiencies.

Let's look at these points using the most common examples.

When using the phone, the speaker stops working. You give it to the service center. A working phone is returned to you. However, after a couple of months the speaker breaks again. In this case, there will be a significant deficiency (one that appears again after its elimination).

Another example. During use, you discover that a number of applications cannot be installed on your phone. They just don’t install and that’s it, and the service center can’t do anything about it. There is an irremovable flaw, that is, again, a significant one - you have the right to return the phone.

Another situation. You like the phone, but there is a problem with the camera - they send it in for repair. They promised to do it within 10 days. Ten days are over, and there is no news from the service center, on the 15th you start calling yourself, they feed you breakfast. The 20th and already the 30th day passes. You don’t care about this “cute” phone anymore, you want your money back. But in response to your comments, they tell you that according to the law, the goods can be repaired within 45 days. They are right. Only if there is a delay of at least one day, you can safely demand termination of the purchase and sale agreement.

Finally, there may be a situation where they seem to be repairing things quickly and efficiently, but something constantly breaks down. Here you are without a phone in May, July, August, November and December, and each time for ten days. In total - about 50 days you were not able to use your property. In general, there is no need to wait fifty years - demand a refund as soon as the 30-day mark is passed.

So we considered the issue of returning the phone under all possible conditions. Alas, sellers often have only one answer to our rights: “We don’t want to.” Of course, for them this is a loss of profit and sometimes sellers create all sorts of obstacles just to prevent a return. But don't let that stop you. Remember that if the truth is on your side, then the seller will pay for intractability twice or three times more than the phone costs.

For more information about how to act and what the seller faces, read the article “Disputes with the seller: algorithm. And let our phones give us only pleasant moments and emotions!

Underwater rocks

If you find faults in the device and hand it over to the seller, read in detail the documents drawn up when handing over the goods. Often there you can find a clause about the agreement to hand over the smartphone for repair if it turns out to be truly faulty. This will void your ability to receive a refund on your purchase.

There are cases when the gadget is returned to the buyer, citing the fact that no faults were identified. In this case, you need to obtain an examination report and, if the smartphone continues to malfunction, contact an independent expert organization. Additional examination is carried out at your expense, and if it is possible to identify a faulty element, you can safely go to court to reimburse the cost of the product and all costs of checking it.

The phone is fine, but I want to return it

Clause 11 of this list indicates the following category of goods:

Technically complex household goods for which warranty periods are established (household metal-cutting and woodworking machines; household electrical machines and appliances; household radio-electronic equipment; household computing and copying equipment; photographic and film equipment; telephones and fax equipment; electric musical instruments; electronic toys, household gas equipment and devices; wrist and pocket watches, mechanical, electronic-mechanical and electronic, with two or more functions)