Read the fragment of the mobile phone warranty. Warranty conditions. Repair completion time

A cell phone is one of the goods that can be returned back to the store in 2019 only after it has broken down. Since phones belong to the category of complex technical goods. But they are also subject to warranty periods. As with any other purchase of a phone of poor quality, you have the right to return the money back, exchange for a similar phone, carry out free repairs, reduce the price for a detected defect, etc. in accordance with the Consumer Protection Act 2019. Despite the seller’s refusal of his obligations, it is necessary to insist on his right. Often, after a sale, retailers try to save money on consumers by trying to prove that the phone cannot be returned or exchanged, and repairs are not covered by the warranty. In general, he goes into deep denial of all responsibilities, proving that the buyer himself is to blame. And neither the first nor the second repair will be carried out at the expense of the seller. Refusal of warranty obligations without an examination is a direct violation of consumer rights.

But examination in 2019 is also a double-edged sword. After all, it may be that the phone broke down due to your fault, which means that the claim is unfounded and you will pay money for the examination out of your own pocket. If you are still sure that your gadget is broken due to the fault of the manufacturer, feel free to try to get your money back. At the same time, do not forget about the deadline for returning low-quality goods in 2019 and take into account the warranty periods. In general, the topic of repairing phones after a breakdown under warranty, especially if the repair is carried out more than once, is quite complex.

Before you run headlong to the seller and prove your rights, you need to consult with experienced lawyers. Competently draw up a claim in which each of your demands will be supported by the law.

Legal literacy is half the success, without bringing the situation to trial. In 2019, consultations are provided free of charge on our website.

Let's look at the situation with an example. In 2019, you bought a phone or smartphone or even a tablet. Moreover, it does not matter for whom it was purchased, even as a gift. The main point here is to preserve all papers, including the receipt and packaging. Although, even if the receipt was lost, this is not a reason to refuse to accept your phone for warranty repair free of charge, and not for additional money. The product can be returned even if there is no warranty coupon, but only in full, as on the day of purchase, within the period specified in the documents. Under other circumstances, you may run into a harsh but fair refusal from the seller. Experienced lawyers will tell you what to do in such a situation; you can contact them for help through the feedback form for free. In order for your claim to be accepted and all your requirements met, you must return not only the telephone itself, but also all the devices that came with it. What to do, but according to the law, it will be necessary to return exactly those headphones that were immediately included in the kit, and not others. By the way, they may have a separate warranty period if they suddenly break.

Consumer actions

What to do if you didn’t have time to check all the phone’s functions for functionality right away in the store? Don't worry you have:

two weeks to return or exchange or repair the goods at the expense of the supplier. This period is established by the law on the protection of consumer rights in 2019 for all goods if a manufacturing defect or other defect was discovered that was acquired through no fault of yours;
the period established by the warranty service from the seller. Typically, for technically complex products such terms range from one to two years;
the period established by the manufacturer's warranty service. Most often, the seller does not need to do anything directly regarding warranty issues, since the manufacturer is initially obliged to set maintenance periods at its own expense.

Once a breakdown has been detected, you have several options for action, and it is you and not the seller who decides what to do. In 2019 you can:

exchange the phone for the same one, if you are not satisfied with the similar one or it is not available, you can exchange for another brand with a recalculation of payment;
return the goods to the seller and return the money to yourself;
exercise the right of warranty repair;
reduce the purchase price within reasonable limits in relation to defects.

If the seller motivates his refusal to solve the problem with a broken phone in your favor, insist on conducting an examination, after which a manufacturing defect will be identified. Even if after this you were refused to exercise your rights, do not worry and do not rack your brains about what to do with a low-quality purchase. Feel free to collect all the papers and go to your local consumer rights department. Of course, it is advisable to record the seller’s refusal in writing with the signature of the responsible person and the details of the organization. Write a complaint to the head of the dishonest store and to the head of the customer protection department and wait for the result.

Warranty service procedure

In 2019, an expensive mobile phone is not just a way to show off your financial well-being to your friends, while showing that you have money for all sorts of fancy things. It also means access to the latest technologies for your own comfort and convenience. But what to do if an expensive phone breaks down immediately after purchase? How can I get my money back? How to achieve full exercise of your rights in accordance with the consumer protection law? Where is the guarantee that the breakdown will not happen again after repairs a second and third time? What to do without a phone while it is being repaired?

You can get answers to all these questions, and many more, from competent professionals with extensive experience working with the legislative framework regarding upholding consumer rights. Just tell our consultants in detail about your problem, and we will try to solve the problem as soon as possible in your favor.

So, the phone is broken, but you like this particular model and don’t want to return the money for it, or the contract states that returning the goods is not possible, only repairs under warranty are allowed. This means that you need to study in detail the topic of warranty periods. Your actions after detecting a breakdown:

collect everything that came with the phone, including documentation;
write a claim with detailed details regarding the breakdown;
you go to the store where the faulty phone was purchased and request warranty repairs.

Keep in mind that if you yourself caused the breakdown (for example, you poured water on it), then the repair will be carried out by the seller, but only at your expense. If the service center makes a positive decision on warranty repairs, you must be provided with another mobile phone in exchange for the duration of the troubleshooting. Also, you need to know that exceeding the repair period by more than 45 days is a reason to write a new claim to the seller. One more thing: if the phone breaks down after the warranty period expires, it will be quite difficult to get it repaired at the expense of the supplier.

Last updated January 2019

The most common consumer requirement when identifying a product defect is warranty repair. According to the law, all costs in connection with its implementation are borne by the seller, manufacturer or organization that imported the goods from abroad (hereinafter referred to as the obligated person). Naturally, avoiding such a burden is one of the primary tasks of the seller (manufacturer, importer).

We have compiled detailed instructions, following which you can achieve high-quality repairs under warranty in a short time.

What you need to know

First, let's look at the main points that you need to know when discovering deficiencies and submitting a repair request.

What shortcomings need to be eliminated?

The defect must be eliminated if it was not provided for in the contract or otherwise not agreed upon by the buyer during the sale. So, carefully look at the documents for the product, and if they indicate that the product was purchased with a defect (for example, a refrigerator whose freezer lighting does not work), then such a defect will not be corrected as part of the warranty repair.

Is it worth asking for repairs?

Warranty repair is an alternative requirement of the buyer. Instead of repairs, the consumer may demand a refund, replacement of the product, reimbursement of expenses for repairs that the buyer makes on his own, etc. But the freedom to choose these requirements belongs to the buyer if we are talking about durable goods that are not technically complex goods.

With technically complex goods the situation is more complicated (). If the first defect (except for a significant one) is discovered after 15 days after purchase, a technically complex product can only be repaired (exchanged, money cannot be returned).

Therefore, whether we are talking about a simple durable product or a secondary repair of a technically complex product, you should take into account your own interest. Perhaps a refund or replacement of the product will be more economically feasible.

Warranty repair periods

There are periods when repairs can be considered under warranty and therefore free of charge. Such deadlines are usually divided into the following categories:

during the stated warranty period;
upon expiration of the warranty, but within 2 years;
after 2 years, but during the service life;
after 2 years, but within 10 years if the service life is not specified.

Where to go

At his choice, the buyer can contact:

to the seller;
the manufacturer of the goods;
to the importer (the organization that delivered the goods from abroad).

A visual table of the buyer's request for warranty repairs.

Period	Type of deficiency	Who can I contact?	Having an obligation to repair	It is the buyer's responsibility to prove manufacturing defects
During the warranty period	Common drawback		Yes	No
During the warranty period	Significant disadvantage	Seller, manufacturer, importer	Yes	No
	Common drawback	Seller, manufacturer, importer	Yes	Yes
After the warranty period expires within 2 years	Significant disadvantage	Seller, manufacturer, importer	Yes	Yes
After 2 years, but the service life period	Common drawback	Manufacturer	No	-
After 2 years, but during the service life,	Significant disadvantage	Manufacturer	Yes	Yes
	Common drawback	Manufacturer	No	-
After 2 years, but within 10 years if the service life is not specified	Significant disadvantage	Manufacturer	Yes	Yes

Non-warranty cases

Please note that not all breakdowns may be subject to warranty repair. The seller (manufacturer, importer) is not obliged to eliminate defects free of charge if they arise due to:

careless use (for example, dropping a cell phone from a significant height);
improper use (for example, using a blender to loosen soil for houseplants);
exposure to natural elements, as well as substances that are incompatible with the performance of the product (for example, liquid getting on a laptop);
improper transportation or storage of goods (for example, transporting the monitor in a metal car body without fixing or softening materials).

Instructions

Let's consider the buyer's action algorithm when making claims for warranty repairs. There are two possible scenarios for events:

the seller (manufacturer, importer) recognizes the case as covered by warranty and makes repairs voluntarily
The seller (manufacturer, importer) refuses to carry out repairs

1. The buyer’s procedure if the seller carries out repairs voluntarily

Appear to the seller with a statement

It is necessary to come to the seller (manufacturer, importer) and submit a written request to eliminate defects in the product free of charge (). Any person can represent the buyer's interest with a notarized power of attorney. Such cases, of course, should only be entrusted to a lawyer or a person experienced in such matters.

The application for warranty repair must be handed over to the obligated person against signature, that is, the second copy (which will remain with you) must bear the signature of the responsible person of the seller (manufacturer, importer), sealed and dated.

Transfer the goods

Along with the application, the seller (manufacturer, importer) receives the defective product. By law, the seller is obliged to accept the goods, even if the case turns out to be non-warranty. The transfer of goods for warranty repair must be formalized by an act of acceptance of the goods from the buyer. Such a document must be drawn up by the seller. But be sure to make sure that the document contains the following information:

date of transfer of goods;
from whom the thing was received;
who received the goods;
a detailed description of the product indicating the serial (other identification) number, external damage or traces of use (if any);
presence or absence of factory seals;
description of signs of breakdown according to the buyer;
confirmation by the seller that the case is under warranty and the product is accepted for repair.

You should know that if the goods weigh more than 5 kg or are large, the buyer may require delivery of the goods from the location of the goods for repair and back at the expense and efforts of the seller (manufacturer, importer), or compensate for the costs of independent delivery.

Check the quality of the product

The situation with the transfer of goods and repairs can be complicated if the seller cannot immediately recognize the repair as warranty and plans to check for defects. The check can be carried out:

immediately upon delivery of the goods;
some time after receiving the goods.

When a quality check is carried out immediately on the spot and the defects of the goods are confirmed, an act of acceptance and transfer of goods for repair from the buyer to the seller (manufacturer, importer) is drawn up immediately after the check, that is, almost at the same time as when submitting claims for free repairs .

In a situation where the seller intends to carry out an inspection later, the goods must be sealed in packaging material (polyethylene, cardboard box, etc.) in such a way as to prevent access to the goods (opening, disassembling, etc.) without the participation of the buyer. The packaging must be signed by the buyer and seller (manufacturer, importer).

The packaging can be opened when the seller checks the goods in the presence of the buyer, which is noted in the document on the goods check. If the seller conducted an inspection without notifying the buyer and opened the package without him, then all the results of the inspection can be questioned.

All these precautions are necessary to avoid illegal actions of unscrupulous sellers, creating the appearance of the consumer’s guilt in the shortcomings of the product. For example, liquid may be deliberately spilled on the laptop, resulting in a short circuit. Under such conditions, naturally, the cause of failure will be supposedly improper operation (ingress of liquid). The blame is thereby shifted to the consumer.

Request a replacement product during repairs

The consumer has the right to demand that a similar product be transferred to him during the repair period. Such a requirement should be stated in writing in a statement (). The seller, manufacturer or importer is obliged to provide the buyer with a free temporary replacement of the product within three days. But it should be borne in mind that not any product can be obtained for temporary use during the repair period. The following products are not provided:

Repair completion time

The law provides for two types of warranty repair periods:

within 45 days with the conclusion of a written agreement on the repair period;
immediately (as far as the level of technical progress allows, depending on the complexity and labor intensity of the repair). In any case, this period should not exceed 45 days.

The period is calculated from the moment the goods are transferred until they are returned to the buyer with the defects eliminated. At the same time, quality control, examination, or legal proceedings do not suspend the total period of warranty repairs.

There are cases when the seller does not meet the repair deadlines. You should know that the seller cannot have any valid reasons to justify his delay (even in the absence of the necessary materials, spare parts and components, etc.). Therefore, such explanations cannot be an indisputable basis for concluding an additional agreement with the buyer to extend the period of warranty repairs or resignedly waiting for the completion of protracted repairs.

If the repair period is not met, the following situations are possible:

the seller and buyer can draw up an agreement to extend the terms (the agreement is drawn up voluntarily);
The buyer may refuse repairs and make other demands regarding the quality of the product:
1. replacement with a similar product;
2. replacement with a product of the same brand, but of a different model with recalculation of the price;
3. refund of money paid for goods;
4. a commensurate reduction in the price of a product.

Violation of the terms of warranty repair of a product can be to the advantage of the buyer who handed over a technically complex product for repair, since such a delay allows him to put forward other demands (refund, replacement, etc.), which initially the consumer who owns a technically complex product cannot put forward upon discovery defect.

However, a buyer who decides to take advantage of the violation of deadlines to put forward new demands must take measures to recover the goods from the obligated person. Otherwise, the seller (manufacturer, importer) may repair it (in violation of the deadlines) and then it will be impossible to put forward other demands.

In addition, the buyer can simply demand a penalty (fine) for a missed repair period or the deadline for providing goods in exchange for the duration of the repair. The fine is 1 percent of the cost of the goods for each day of delay.

For example, a music center worth 10,000 rubles was put into repair. The buyer made a demand for the provision of a similar product, which was presented not within 3 days, but after 7 days. Accordingly, the delay is 4 days, that is, 4 percent of the cost of the goods (1 percent x 4 days). Thus, the seller must pay a fine of 400 rubles. (4 percent x 10,000 rubles).

It is worth noting that the need to pay a fine should be submitted in writing to the seller (manufacturer, importer), otherwise it is considered that the buyer waives his right to collect a penalty.

Returning goods after warranty repair

When the repair is completed, the seller must notify the buyer of the opportunity to return the item.

Upon receipt of the goods, you should carefully inspect it for safety and the absence of new defects (which did not exist previously). Demand that they show you the serviceability of the product and provide you with a report (certificate) on the repairs made. The certificate states:

date of submission of the repair request;
when the goods were accepted from the buyer;
repair period;
description of existing deficiencies, used spare parts and components for repairs;
confirmation of defect elimination;
the date on which the goods were returned to the owner.

2. The buyer’s procedure if the seller (manufacturer, importer) refuses warranty repairs

Give the application and product to the seller

The first two steps of the buyer’s actions in the event of the seller’s (manufacturer’s, importer’s) unwillingness to carry out warranty repairs are similar to the actions of the consumer in the event of voluntary satisfaction of his demands for the elimination of product defects by the seller. Therefore, we will limit ourselves to the above description.

The seller refers to a non-warranty case

The seller (manufacturer, importer), after checking the quality of the product, does not recognize the obligation to provide free repairs, citing a non-warranty case. The situation can develop in two scenarios:

the seller (manufacturer, importer) organizes and conducts an examination of the quality of the goods
the obligated person refuses further manipulations with the goods, citing the sufficiency of his quality control

In the first case, when the seller (manufacturer, importer) plans to submit the goods for examination, the goods are subject to packaging, sealing and signatures of the seller and consumer.

The packaging must be opened by an expert during a commodity examination in the presence of the buyer.

In the second case, when the seller refuses to conduct an examination, these activities are organized by the consumer himself.

The seller agrees with the examination that is positive for the buyer

If the results of the examination are positive for the buyer, the actions of the seller (manufacturer, importer) are usually aimed at satisfying the stated requirement to repair the defect, since the obligated person understands that the outcome of the dispute has already been predetermined in favor of the consumer and further litigation does not promise him anything other than additional expenses. In addition, the search for those who are right and wrong may lead to missing the deadline for repairs, which gives the buyer the right to put forward a new, more severe demand (including refusal of the purchase and sale agreement and the return of money paid for the item). And the seller certainly strives to avoid this, especially if it concerns a technically complex product.

Going to court

However, there are not isolated cases when the seller (manufacturer, importer) goes all-in to the end. Then the only way to force warranty repairs is through legal action.

If the buyer promptly and in the prescribed form contacts the seller (manufacturer, importer) with an application for warranty repairs, and the expert opinion confirms that the consumer is right, then the case is won.

Before going to court, it is necessary to send a claim to the obligated person, in which you refer to the conclusion of the merchandising examination. If the claim is rejected, it must be attached to the statement of claim to the court. And if no response is received, then indicate this in the claim. Leaving a claim unanswered is the same as refusing to satisfy it.

Naturally, the preparation and conduct of the case in court should be carried out by a professional person (lawyer, lawyer, representative of the consumer rights protection committee).

Execution of a court decision

After the court decision comes into force, receive a writ of execution and submit it to the bailiff department. The bailiffs will do the rest.

Comparative table of buyer actions for various positions of the obligated person

The seller, manufacturer or importer voluntarily fulfills the warranty repair requirement	The seller, manufacturer or importer refuses to satisfy the requirement to eliminate defects in the goods before the examination of the goods	The seller, manufacturer or importer refuses to satisfy the requirement to eliminate defects in the goods until a court decision
Flaw detection	Flaw detection	Flaw detection
	Requests for repairs	Requests for repairs
Transfer of goods for inspection	Transfer of goods for inspection	Transfer of goods for inspection
Confirmation of repair warranty and repairs		Recognition of the case as non-warrantable
Returning goods to the consumer	Carrying out examination of goods	Carrying out examination of goods
-	Carrying out repairs	Refusal to satisfy consumer requirements
-	Returning goods to the consumer	Filing a pre-trial claim
-	-	Making a court decision
-	-	Appeal to bailiffs
-	-	Forced repair of goods
-	-	Returning goods to the owner

About the warranty period

When repairs are carried out, the warranty period is suspended for the period from the moment the claim is made until the goods are returned to the consumer. If there was a legal dispute and the case was in favor of the buyer, then the entire period of legal proceedings is also not counted towards the warranty period.

For example, the warranty period for the TV is 1 year and is set from 01/01/2015 to 01/01/2016. The consumer contacted the seller on 12/30/2015. Repairs were carried out until 01/15/2016. As a result, the product warranty will be valid until 01/17/2016 .

It should be borne in mind that if during the repair a component part is replaced, for which a separate warranty was established in addition to the warranty for the product as a whole, then a new warranty is established for the replaced part of the same duration as it was before the replacement. Its period will begin to run from the moment the goods are transferred to the buyer.

For example, the laptop included a power supply with a 6-month warranty. After 5 months, the laptop broke down and was sent in for repair. As a result of the repair, the laptop's video card was replaced and the power supply was replaced. The warranty period for the laptop remains the same (with the deduction of the repair period), and a new warranty of 6 months is installed on the power supply, which begins to be calculated from the moment the product is returned to the buyer.

About primary and secondary repairs

Primary repair is when a product defect occurs and is repaired for the first time.

Secondary repair – repeated repair is required if the defect appears repeatedly. In this case, it does not matter what the frequency of the defect is (exactly the same defect or of a different nature), the main thing is that the same product must be repaired more than once.

Please note that if the product has several defects at once, but this is the first time you have requested repairs, then such a one-time repair will be primary, regardless of the number of defects being eliminated.

This question arises acutely when there are shortcomings in a technically complex product, since the primary or secondary nature of the repair determines the range of consumer requirements. Let us remind you that if there is a significant deficiency, the choice of consumer requirements does not depend on the number of repairs.

A visual table of consumer requirements regarding a technically complex product.

During initial repair	During secondary repairs	If a significant deficiency is detected
compensation for repair costs by the consumer or third parties	free elimination of defects replacement with a similar product replacement with the same product of a different model with recalculation reduction in the price of a product	free elimination of defects replacement with a similar product replacement with the same product of a different model with recalculation of the price refund of money paid for goods reduction in the price of a product compensation for repair costs made by the consumer or third parties

Compensation for consumer expenses for repairs made by yourself or a third party

The buyer is not prohibited from independently repairing the goods and subsequently recovering costs from the seller (manufacturer, importer). Sometimes the buyer does not trust the repairs of third-party or organizations simply unknown to him, or situations arise when repairs need to be done urgently, without delay, or the seller’s remoteness does not allow him to timely make a claim for warranty repairs. However, there are several important points that determine the success of the implementation of such a buyer's right. Let's take a closer look.

Who can make repairs

So, repair of a product defect can be carried out:

by the buyer himself;
by a third party.

In turn, third parties are:

any outsider (both citizen and organization);
a specialized organization (certified specialist) that has the right to carry out repair work taking into account work experience, existing license, accreditation, certification, etc.

What expenses are reimbursed?

1) If the repair was made by the buyer himself:

cost of spare parts, components, etc.;
costs for the delivery of spare parts and components, if it is impossible, due to their specificity and rarity, to be purchased at the place of repair;
costs of consumables (glue, hardware, seals, wires, etc.);
the cost of disposable tools and devices for repairs.

2) If the repairs were carried out by an outside organization (specialist), the costs include the cost of:

spare parts, components, as well as their delivery;
Supplies;
disposable tools and devices;
work performed in accordance with the established price list (price list) or within the average market price.

How are repair costs reimbursed? Option #1

The law does not provide clear rules for satisfying this requirement. Therefore, one should proceed from the prevailing practice and optimality of achieving the goal. It is best to stick to the following algorithm.

Stage No. 1. First, the buyer must notify the seller (manufacturer, importer) about the detected defect in the product and put forward a requirement that he intends to carry out repairs on his own ().

Stage No. 2. Then present the product to the seller to confirm the warranty case (quality check or examination (in case of a dispute about a defect)). At this stage, the seller or buyer can agree on a preliminary price for the repair. That is, the seller determines the size of the repair based on existing experience in repair work. If the preliminary amount turns out to be less, then the missing difference can subsequently be made up by an additional payment. The general period for payment of compensation for repairs is 10 days from the date of filing the claim.

Stage No. 3. Organize repairs.

Stage No. 4. Submit a cost report () with the presentation of documents confirming the repairs and the cost of expenses. If the repairs were carried out independently, then the buyer submits receipts for spare parts, materials, etc. When the repairs are carried out by a third party, then an act of work performed, a certificate of the cost of materials, a delivery note, an invoice, etc. (in a word, documents usually drawn up organizations and entrepreneurs in confirming repair work).

If there are no such documents, you can contact expert organizations that will give an opinion on the cost of the repairs. True, it will not be possible to recover the cost of such a conclusion from the seller.

How are repair costs reimbursed? Option No. 2

An alternative procedure is for the buyer to contact the obligated person with a request to reimburse the costs of repairs after they have been carried out. This procedure is not prohibited by law. However, if a controversial situation arises, the buyer must prove to the seller that the product had a defect that he eliminated, and also justify the costly part of the repair. This task is not easy.

What are the restrictions?

The warranty may stipulate that the elimination of product defects must be carried out by a specialized organization (certified specialist) that has the necessary approvals (compliance with established requirements) for such work. Without compliance with such requirements, the repair may be considered improper and the costs of its implementation may not be reimbursed. Moreover, this may cause the product to be excluded from further warranty obligations.

This, of course, does not mean that the buyer is deprived of the right to choose a specialist in whom he is confident to carry out repair work, or to carry out independent repairs. The question comes down only to the complexity and features of the product that has failed. For example, the law provides for a license for the maintenance and repair of medical equipment. Therefore, the repair of, say, a blood pressure monitor by an organization that does not have the specified license will be illegal. For the same reason, the consumer cannot repair this product himself.

It’s another matter if the seller imposes repairs only from accredited specialists (organizations). The buyer can carry out repairs from any person who has the appropriate permit, license, or certificate to carry out such work. Whether it is included in the seller’s list of recommended organizations is no longer important, and this does not affect the legitimacy of the buyer’s demands for reimbursement of repair costs.

However, it must be borne in mind that in a controversial situation, the seller can conduct an examination of the qualifications of the repair. And if the work does not meet accepted standards, the buyer’s intention to reimburse expenses will be unauthorized.

Difficult situations

1. Additional actions requiring payment

Sometimes the seller, when performing repairs, may take additional actions that go beyond the scope of warranty repairs (for example, when repairing a computer, an updated version of the operating system is installed). Often the seller explains this by the need for the product to perform better and demands payment for this.

If such additional work and services were provided without the knowledge of the buyer and, accordingly, without his permission, then payment should not be made. All expenses incurred are borne by the seller, and he cannot force them to be recovered from the consumer, even through court.

2. Declaring repairs out of warranty

A similar situation occurs when the seller accepts the product for warranty repair, corrects the defects, and then announces that the case was not under warranty and the repair was of a commercial nature, that is, it must be paid for. In such a case, the consumer is not required to pay any money. Even if the defect in the product is clearly related to the buyer’s fault and the seller provides evidence confirming this fact (an expert opinion, a certificate from a service center, etc.), the consumer will not have any obligation to reimburse the seller’s expenses. This situation will be interpreted as a manifestation of the seller’s goodwill in providing free repairs.

3. New defects in a repaired product

There are cases when a repaired product with new defects is returned to the buyer (for example, a TV was repaired because the sound disappeared; the product was returned in good condition, but a scratch appeared on the screen, which was caused by repair specialists).

Such defects are not considered as production defects that appeared more than once (new defects or re-appearing defects, etc.). These cases relate to violation of the storage conditions of the goods transferred by the buyer to the seller for repair. And the seller is separately responsible for such damage to the goods - he reimburses the cost by which the price of the goods is reduced. Typically this cost is equal to the cost of repairs, replacement of parts, components, etc.

For this reason, you should be extremely careful when accepting a repaired product and record any suspicious observations in the goods acceptance report. In general, for such purposes, acceptance should be carried out with a familiar specialist, or an independent commodity expert should be invited for a small fee.

When selling mobile equipment, sellers must explain to the buyer what a phone warranty repair is, and the legal deadlines for filing a complaint if defects are discovered.

Unfortunately, most retail outlets try to keep silent about this.

Repair under warranty

What is warranty repair?

This is represented by the document “On the Protection of Consumer Rights” and implies and guarantees that deficiencies discovered by the consumer will be eliminated free of charge: the seller is responsible for the work performed, the purchase of parts and spare parts.

Note: The buyer, before purchasing a mobile phone, needs to familiarize himself with this material; it is more difficult to confuse a literate consumer.

What can and cannot be eliminated

The buyer must understand that not all defects found in the device are eligible for free repair.

If this is a manufacturer defect or the standard settings have been lost, then the phone must be taken for free service.

If the breakdown occurred due to the fault of the consumer: the screen broke, water got in, and so on, then there can be no talk of free restoration of the cell phone.

Term

The time frame for repairing a mobile device is specified in Article 20 of the Law “On Protection of Consumer Rights”.

By law, the period of repair work must be minimal.

It should be borne in mind that the maximum number of days during which repairs can last is 45. Retail chains use it to the fullest and indicate this number on the warranty receipt.

A citizen has the right to disagree with such a deadline and simply cross it out, indicating that the device needs to be repaired immediately.

The service center specialists will have to hurry: the buyer has the right to turn to the services of an independent or forensic examination if the completion of the repair is delayed.

Where to contact the consumer

If the phone breaks down and the warranty period has not yet expired, then the product is presented to a specific seller or service center.

An important condition is the presence of a receipt and packaging.

Unfortunately, retail chains often refuse to take responsibility and send the owner of the phone or smartphone to the center.

Although the decision on where to go is, by law, made by the buyer.

What to do:

On the website you can see if there is a service center near you. If not, go to the seller;
Does the fund have a similar device to replace yours during repairs?

Note: If you contact the service center yourself, the store may file a claim against the buyer for not giving such a referral.

Repair or replacement

Most often, the buyer does not want to deal with repairs and demands a refund of the money spent.

But it is not profitable for sellers to return money or replace a mobile phone. Therefore, they offer to repair the mobile device, and this is a violation of consumer rights.

If such a situation arises, then the consumer will have to write a claim to the retail establishment: either for a refund or for a replacement of the mobile phone.

Where can I get a phone while my old one is being repaired?

Being left without a phone is a serious problem for a modern person.

What should a consumer do while their mobile device is being repaired?

Unfortunately, sellers do not always fulfill their duties, and Russians do not know their rights.

Worth considering: If a citizen submits a phone for repair under warranty, he is required to be given a device from the replacement fund for temporary use.

This service is free. To use it, you need to contact the store management with an application for a free service. The application form is free.

You must be given a replacement phone no later than three days from the date of submitting your application. The device must have the same properties as the one being repaired.

Do you know that: if the management does not want to fulfill your legal requirement, then the store will have to pay a penalty: daily one percent of the price of your mobile phone.

Warranty after repair

When a timely repaired phone is returned to you, you need to proceed as follows:

The external condition of the device and the presence of all components are checked. If scratches or dents appear that were not there before, or something is missing from the kit, you need to inform the receiver. In addition, you will need to write a statement so that the errors are corrected.
You should pick up the receipt issued when purchasing the mobile phone, as well as the warranty card.
You need to get a device acceptance certificate from the receiver. It indicates how long it took to repair the product, what defects were identified, as well as the specifics of the repair.

Moreover, repairs are not always carried out efficiently, so you can present the report in court if necessary.

The repair was of poor quality

If after a few days the phone malfunctions again, or the work was overdue, you can make a claim to the receiver and the store only in writing.

What should be included in this document:

name of the store or SC with address;
own contacts, including phone number;
a detailed description of disagreement with the repair performed (list the defects found), indicating the date, cost of the device;
describe your benefits in accordance with consumer law;
indicate your requirements;
As usual, set the date and sign.

Take note: the sample is on the official website of the Society for the Protection of Consumer Rights. You must take a receipt that the organization has received your claim.

Such actions indicate that the buyer does not want to get involved with the court and wants to achieve a result “peacefully”. If the seller does not fulfill his obligations, you need to look for a reliable lawyer and resolve the issue through the court. The consumer does not need to pay state duty.

Actions in case of repeated breakdown

Is your phone, which has already been repaired, having problems again? You have every right not to return it to a store or service center for repairs, but to claim a refund of the money spent. Or demand that the device be replaced with one of similar properties and price. Although sellers may insist on carrying out another repair.

Consumer rights are clearly stated in Art. 18 of the Law “On Protection of Consumer Rights”. It is advisable to familiarize yourself with them in more detail so as not to be trapped by unscrupulous sellers. But that is not all.

It is important to know: the buyer has the right to compensation for financial losses that were caused to the consumer. In addition, according to the Law, you can demand compensation for moral damage.

All these actions are possible only through the court.

Warranty repair denied

Not so often, but it still happens that service centers or retail establishments refuse to repair the phone under warranty.

They often rely on the fact that the consumer is to blame for using the mobile device incorrectly.

The buyer must request a written refusal to repair, indicating valid reasons. In addition, according to paragraph 5 of Art. 18 of the Law, the buyer must require the seller to send the mobile phone to (in writing).

The examination is carried out at the expense of the store. The buyer, if desired, can be located next to the expert. If the consumer is not satisfied with the results of the examination, it can be challenged in court.

Let's sum it up

The phone is guaranteed for 2 years. During this time, defects may appear that will need to be eliminated.

If the store does not agree to send the product for examination, you must receive a refusal in writing. After this, you can turn to the services of an independent examination.

If it is determined that the seller sold a low-quality product, the phone must be repaired free of charge, and the consumer must be paid the amount spent on an independent examination.

If the seller does not want to compensate for the damage, you need to go to court. The consumer does not need to pay state duty, as mentioned above.

Watch the video in which a leading legal consultant tells you what to do if you are denied warranty repairs:

The right purchase
So, the phone has been examined and it’s time to make a purchase. You should be given a cash receipt with a clear indication of the seller company, the date of purchase, and its amount in Russian rubles. By the way, the check must be a cash receipt - no receipt order, even sealed, is a financial document. The receipt must indicate the name and INN of the seller, in words the name of the model or its article number and, in fact, the purchase amount, the date of the transaction. The receipt can be certified by a special seal, or it can be left without it - it is still a legal document confirming the purchase. This document will be useful in the future if the phone fails.

The phone comes with a warranty card. The seller must fill it out indicating the phone number, date of purchase, and affix the seal of the seller company. The coupon may or may not include a warranty on the battery. A warranty card is a document where the seller must write down both the phone model, its serial number, the date of sale and put his stamp. The coupon must indicate the manufacturer’s coordinates and addresses of service centers. Typically, such coupons are not protected with watermarks, since all phone numbers sold are immediately entered into the seller’s special database.

Some large retail chains issue warranty cards with two logos - theirs and the manufacturer's. This is preferable - in this case there will be more service centers, since the buyer has the right to come both to the service center of the selling company and to a third party that has an agreement with the manufacturer. The main thing to remember is that the coupons issued to you should not be copied on a photocopier or cut out with scissors, they cannot have vague figures and numbers, each coupon has its own original design and size (a security hologram is an option), they are printed on high-quality paper. Each product comes with its own warranty card. Situations, let me write you out one coupon for a couple of phones, it cannot be in the legal field, it is recommended to stop such attempts by the seller.

The phone must come with readable instructions in Russian in a clean package, all third-party accessories: charger, cigarette lighter charging adapter, etc. must be checked in your presence and must be packed. At your request, the sales consultant is obliged to translate the phone menu to function in Russian. If the phone is blocked to work with SIM cards of only one specific operator, there should be clear and clear explanations about this not only at the stand with sales mock-ups, but also in the documents for the phone. Otherwise, claims may be brought against the seller for misleading the consumer.

General Warranty Information
If possible, you should carefully study the Law of the Russian Federation “On the Protection of Consumer Rights” (as amended on December 17, 1999, December 30, 2001). It says a lot of interesting things about phones. From the very beginning - “The manufacturer (performer) has the right to establish a warranty period for the product (work) - the period during which, if a defect is detected in the product (work), the manufacturer (performer, seller) is obliged to satisfy the consumer requirements established by Articles 18 and 29 of this Law. (Article 5, paragraph 6)" The minimum warranty for all phones is 12 months, for accessories (battery as an option) - 6 months. Moreover, the service life of the phone is usually determined at 3 years.

Further - “The manufacturer is obliged to ensure the possibility of using the product during its service life. For this purpose, the manufacturer provides repair and maintenance of the product, as well as production and delivery to trade and repair organizations in the volume necessary for repair and maintenance... (Art. 6)". Typically, manufacturers delegate such functions to their contractors, which are known to the user as service centers. These are special repair companies that are certified by the cell phone manufacturer to repair a specific brand. Their addresses are written on the warranty card itself.

All information about the rules for using the telephone must be available to the consumer - “The consumer has the right to demand the provision of necessary and reliable information about the manufacturer (performer, seller), its mode of operation and the goods (work, services) sold by it (Article 8, paragraph 1)” . Moreover, this information is brought to the attention of consumers in a clear and accessible form when concluding sales and purchase agreements and contracts for the performance of work (provision of services) in the methods adopted in certain areas of consumer service, in Russian.

Protection of consumer rights when selling goods
It happens that a cell phone fails in the first week (month) after purchase. Or he desperately does not want to perform the function embedded in his memory. Then we can say that the consumer was sold a product of inadequate quality. If defects are discovered in a product whose properties do not allow these defects to be eliminated, the consumer has the right, at his choice, to demand the replacement of such a product with a product of proper quality or a proportionate reduction in the purchase price, or to terminate the contract (Article 18, paragraph 4).

In relation to a product for which a warranty period has been established, the seller (manufacturer) is responsible for defects in the product unless he proves that they arose after the product was transferred to the consumer as a result of the consumer’s violation of the rules for using, storing or transporting the product, the actions of third parties or force majeure (Art. 18, paragraph 6).

The warranty does not apply to defects in goods in cases where the defect in the goods was the result of careless handling, use of the goods for other purposes, violation of the conditions and operating rules set out in the operating instructions, incl. due to exposure to high or low temperatures, high humidity or dust, non-compliance with state standards of power supply, telecommunication and cable network parameters, ingress of liquid, insects and other foreign substances, creatures and objects into the housing. If a dispute arises about the reasons for the defects of the goods, the seller (manufacturer) or the organization performing the functions of the seller (manufacturer) on the basis of an agreement with him is obliged to conduct an examination of the goods at his own expense. The consumer has the right to challenge the conclusion of such an examination in court.

An important point is that the warranty period of the product, as well as its service life, is calculated from the day the product is transferred to the consumer, unless otherwise provided by the contract (Article 19, paragraph 2). If the day of transfer (sale) cannot be determined (for example, a cash register receipt is lost), then only then these periods are calculated from the day the goods were manufactured.

Elimination of defects
So, the cell phone does not work - it is either broken or functions poorly. Hundreds of thousands of users face this. The procedure is very simple - take the device, the warranty card and go straight to the service center that is in your city. Defects found in the product must be eliminated by the manufacturer (seller) or an organization performing the functions of the manufacturer (seller) on the basis of an agreement with him, immediately, unless a different period for eliminating defects in the product is determined by agreement of the parties in writing (usually no more than 45 days from moment of appeal) (Article 20, paragraph 1). According to the Law, the service center is obliged to provide a replacement device within three days from the moment you declare such a need (Article 20, paragraph 2). If an organization denies you this right, it makes sense to report this to the representative office of the manufacturer. By the way, for failure (delay in fulfillment) of the consumer’s request to provide him with a similar product for the period of repair (replacement) of a similar product, the seller (manufacturer) or the organization performing the functions of the seller (manufacturer) on the basis of an agreement with him, which committed such violations, pays the consumer for each day of delay a penalty (penalty) in the amount of one percent of the price of the goods (Article 21, clause 1).

It must be remembered that if the defects of the product are eliminated, the warranty period for it is extended for the period during which the product was not used. The specified period is calculated from the day the consumer applies with a request to eliminate defects in the product until the day it is issued upon completion of the repair (Article 20, paragraph 3).

General recommendations for warranty repairs
If a cell phone deteriorates during the warranty period, was purchased legally and is certified in Russia, then it is definitely subject to warranty repair. All emotional reactions of the service center employees to your complaints have nothing to do with the case - they must accept the phone and repair it. If they refuse to accept it, demand a written refusal - why, how and where they didn’t accept it, your demand is legitimate. Then contact the manufacturer's representative office. If it doesn’t help, then contact the federal antimonopoly body or the consumer protection society (the addresses of institutions in your city can be easily found in the telephone directory or on the Internet). The main thing is to be polite, correct and do not accept verbal objections - if the service center has problems, let them put it in writing. Study the law "On the Protection of Consumer Rights" - this is 26 pages of text, written in easy and accessible language.

Source: Sotovik

If the phone breaks down during the warranty period, on the basis of the consumer protection law, the phone must be repaired under warranty. This type of repair provides absolutely free repair services, including replacement of parts.

The rules given in the article will help you solve problems that arise with warranty repairs in a short time, without problems or inconveniences, and get a working phone back.

Warranty repair of a cell phone provides for strict deadlines for its completion.

Find out all about the features of examination of goods of inadequate quality,

Refusal of phone warranty service

The Law “On the Protection of Consumer Rights”, Article 18, paragraph 6 states that in relation to a product with an established guarantee, the authorized organization selling the product is liable for defects.

The exception is factors that involve violation of the rules of use, transportation, and storage by the consumer.

The exception is also the actions of third parties and force majeure. If a consumer is denied warranty repair of a phone, it is necessary to carefully study the wording of the refusal.

Basic wording motivating refusal to repair a phone under warranty:

Detection of liquid ingress;

Removal of warranty;

Detection of traces of mechanical damage;

Violation of operating rules.

If the consumer is confident in his innocence regarding his participation in the causes of the malfunction, he can personally attend the examination process.

All costs associated with the examination, in accordance with the validity of the requirements, are borne by the organization to which the claims are made. If the consumer completely or partially disagrees with the results of the examination, he can fully appeal to the judicial authority.

The court also orders an independent forensic examination.

If the examination decides that the claims are unfounded, then the consumer must fully reimburse the opponent for all costs associated with the previous examination, storage, as well as expenses incurred for transporting the goods.

This is the consumer's rights to warranty phone repair.

The Consumer Rights Protection Society will help you protect yourself from poor-quality services from companies and from unscrupulous individual entrepreneurs. Read more.

Phone repair claim

If obvious deficiencies are discovered in the warranty repair of the phone, or if the deadlines specified upon acceptance are exceeded, a claim must be submitted in writing.