Repair under warranty terms of performance. What are the terms of warranty repairs under the laws of the Russian Federation? What influences them

Issues related to goods and services have always interested the population. Russia even has a special law that protects the rights of consumers. It's called "Consumer Protection".

Today we will learn how to return money for a phone under warranty. Is it even possible to do this? Under what circumstances cash will be returned, and under what - no? All these questions will be answered below. Among other things, we will be able to get acquainted with the rules for writing claims on phones that have not yet expired warranty period. What are the features of the process to pay attention to? What about the procedures being studied will each potential buyer have to remember?

The guarantee is...

The first step is to understand what a warranty period is. Every person who has ever bought equipment should be familiar with this term. Especially technically complex designs.

This is the time during which the manufacturer of a product makes free repairs, diagnostics or replacement of components of its device. A similar document is applied to all gadgets and machines. Phones are no exception. They also receive a corresponding ticket.

So what is the phone warranty? Within a set time period (usually 12 months), the buyer will be able to:

to carry out free diagnostics of the device in the service center;
replace a broken or failed phone with a similar one;
repair the device for free in the service center.

This paper is included as standard with all devices. The buyer should check the availability of the corresponding one. If it is not available, it is not recommended to purchase the phone. After all, then the citizen will not have any rights to a free repair or replacement. This is the opinion of the majority of people. Is it really?

Is there any chance of a replacement?

To understand this feature, you will have to answer whether it is possible to change the phone under warranty. How legitimate is this idea?

In Russia, it is not forbidden to change and repair devices under warranty for free. This means that theoretically it is possible to replace an unsuitable smartphone. In practice, however, this is not so easy to do. Especially if you do not take into account some factors. Next, we will consider various options for the development of events regarding this issue. What tricks do cell phone stores use to avoid exchanging sold devices? and get money for a low-quality product? If you prepare in advance for such situations (it is recommended to do this under any circumstances), you can realize the idea without much difficulty. The main thing is to know your rights and not be fooled by the deceptions and tricks of sellers.

What might come in handy

How to get a refund for a phone under warranty? The first rule to remember is to save all documents and papers. Each customer purchases a certain set with a device in the store. And it will have to be saved. Otherwise, there may be problems with the return or exchange.

As a rule, in the box with a mobile phone you can find:

the device itself;
Charger;
battery;
instruction manual;
cable for connecting to a PC (USB);
warranty card for a phone bought by a person.

The presence of the last document should be of concern to every buyer. As already mentioned, in the absence of a guarantee, it is better to refrain from buying. All these components (some smartphones also have accessories such as a protective film or headset) must be kept. Preferably with box.

In addition, when paying, the buyer will be given a check. It is a mandatory attribute if you need to return or exchange a smartphone. It's kind of proof of a deal. No check? Then you can completely forget about the implementation of the task. Without it, it will not be possible to prove the fact of purchasing a phone in a particular store.

Proper quality

The quality of the product plays a huge role in the issue under study. How to get a refund for a phone under warranty? Before taking decisive action, the buyer should consider the cause of the claim.

The thing is that today the goods of good quality can be returned. But only under certain circumstances and with time limits. What is this about?

Any smartphone of good quality is offered to be returned to the store under the following circumstances:

the device did not fit in color, shape or size;
the product has not been used, it has completely retained its presentation, has all the factory seals and plugs.

And what are the restrictions? The buyer can return the mobile device to the store within 14 days from the date of the transaction. This rule is governed by the Consumer Protection Act. This means that if there are no defects on the smartphone, you can still return it and get your money back.

Technically complex product of good quality

How to get a refund for a phone under warranty? In fact, everything is not as simple as it might seem. The point is that smartphones are included in the market. Therefore, buyers and sellers often have disagreements.

According to the established rules, it is impossible to return technically complex goods of good quality if they are under warranty. Accordingly, you can forget about the implementation of the task. It will be possible to return or exchange such a device only as part of some promotion held by the store. Or at the discretion of the seller.

But technically complex goods of inadequate quality can be exchanged or returned. Only with certain features and nuances.

Poor quality of complex equipment

What should I do if I need to return a phone of inadequate quality? By law, technically complex goods in this case are exchanged within 15 days from the date of their purchase. Further, such right of the buyer is lost.

But everywhere there are exceptions. You can exchange or demand money for technically complex goods of inadequate quality after the specified period in the following cases:

the smartphone has a significant breakdown (marriage);
the deadlines for eliminating defects were violated (45 days are allotted for the operation);
if during the entire warranty year the device could not be used for more than 30 days in total due to constant repair and elimination of device defects.

There are no other rules regarding this issue. In case of minor breakdowns or defects, if more than 15 days have passed since the purchase of the smartphone, you will have to put up with them.

About the inadequate quality of the goods

Now a little about more common situations. What should I do if my phone is under warranty? Will it be possible to return it?

As already mentioned, in Russia, buyers can demand their money for any product of inadequate quality. Moreover, this can be done during the entire warranty period. The previously proposed time limits are only relevant for 100% serviceable devices.

Returning a phone that breaks or fails during the warranty period is the legal right of every buyer. If the seller refuses the operation, you can complain about him. What should I do to get my money back?

Application procedure

Everything is extremely simple. Especially if a citizen has kept checks and documents from a smartphone. Without them, as already mentioned, it will be almost impossible to bring the idea to life.

Regardless of when exactly the breakdown occurred (during the entire warranty year, of course), you will have to follow some guidelines. They look something like this:

Collect the previously listed documents. They must be accompanied by an identity card of a citizen (passport).
Write a claim. How this is done will be discussed later.
Contact the store where the purchase took place, with a corresponding complaint.
Wait for funds or exchange the device for a similar device, but in working condition.

In reality, everything is not so simple. It is not uncommon for sellers to refuse refunds to buyers. For example, because of doubts about the causes of the appearance of certain defects. What to do in this case?

Conflicts with sellers

Do not despair. Even with disagreements, you can easily get your money back for a smartphone of inadequate quality. This is normal. The main thing is to behave correctly.

If the seller doubts the reasons for the appearance of certain defects, he must, at his own expense, conduct an examination, during which the quality of the goods will be confirmed (or not). In case of detection of manufacturing defects, the money is returned to the buyer in full. If the examination establishes that the defect is caused by a violation of the operating instructions, the operation can be forgotten. In addition, the citizen will have to reimburse all the expenses of the store for diagnostics.

Sometimes it happens that the phone is not installed or has expired. In this case, you can also return the money. But for this you will have to conduct an examination at your own expense. It is allowed to carry out the procedure within 2 years from the date of purchase of the gadget.

There are exceptional cases. For example, if more than 24 months have passed since the purchase of the smartphone. Then you can return the faulty gadget within 10 years after the start of its use or during the service life established by the manufacturer. Cell phone stores are not involved in this operation - the claim must be sent directly to the manufacturer. The lack of a smartphone with all this should be significant and irreparable. If the breakdown is fixable, it is allowed to demand money only if the manufacturer has not removed it free of charge within 20 days. The buyer must, at his own expense, prove the cause of the defect.

About refund amounts

Now a little about how much money is allowed to be returned if the phone breaks under warranty. This issue is often controversial.

First, the buyer is obliged to reimburse the full cost of the purchased device. Secondly, every citizen has the right to reimbursement of all expenses associated with the examination and repair of a faulty smartphone. Thirdly, if the price of the phone has increased, you can demand payment of the difference in cost.

It follows that sometimes the buyer is able to get more money than he once spent. Such situations in practice are very rare, you should not rely on them.

What to do when buying a smartphone on credit? The return of the phone in this case takes place according to the previously proposed principles. The money is returned in the amount of the cost of the device. In addition, the buyer is obliged to reimburse the interest on the loan that was paid.

Terms of consideration and return

In Russia today, all claims for reimbursement of funds for mobile phones are considered within 10 days. If the store did not respond to the document in any way, you can file a lawsuit.

It is important to take into account that no more than 45 days are given for the examination or repair of the device. Therefore, if a citizen was promised to repair the gadget and fix the breakdown, you will have to wait.

What can't be returned

From now on, it should be clear how to return money for a phone under warranty. Which devices will not be eligible for reimbursement?

As already mentioned, all smartphones of inadequate quality must be replaced or returned to the store without fail. Warranty for new phone it will also update. Money for such products must be returned at the request of the consumer.

Non-refundable smartphones include:

devices of good quality, if more than 2 weeks have passed since their purchase;
technically complex devices of inadequate quality, if the claim arose more than 15 days after the transaction.

No more restrictions. What else should every buyer remember if he wants to make a claim for a smartphone under warranty? What does it look like this document? What should it contain?

Rules for writing a claim

Warranty claims over the phone can only be made in writing by the buyer personally. It is important to remember that the document can be:

written by hand;
printed out with a printer and PC.

There is no fundamental difference in the writing of the document. The main thing is that it should be a real paper that can be read.

The rest of the rules for writing a document are general principles reference business correspondence. Among key points a special structure of the claim can be distinguished.

It looks something like this:

The header of the document. It is located in the upper right corner of the sheet. Here you need to write data about the store to which the document is sent. In addition, the "header" contains information about the applicant - personal and contact.
Name. It is written in the center of the page on a new line. It is necessary to write "Claim". Under this word, it is recommended to write a clarification. In our case, the name looks like "Claim for a refund for a phone under warranty."
Main part. It consists of a description of everything that happens. It can be said that this is the essence of the claim. Here it is necessary to tell as accurately as possible, but briefly and to the point, about the reasons for the complaint and about your requirements. After that, you need to list in a numbered list all the documents attached to the claim.
Conclusion. This part of the paper usually consists of the date of circulation and the signature of the applicant.

That's all. There are no other special rules for writing a claim. It is recommended to record the fact of contacting the store with this document. This is necessary so that in case of inaction of the organization, the citizen has the right to apply to the court for protection.

Sample

The guarantee for the phone according to the law, as you can see, is set by the manufacturer. Usually it is 12 months. Sometimes you can find gadgets with a guarantee of 6 months or several years.

What will a claim for a refund look like for a mobile device that is under warranty? For example, like this:

"I, (data about the applicant, including passport information), ask to return to me the money in the amount of (amount) for the mobile phone (model) I bought. (Date of transaction) I bought this device in the store (information about the outlet). It is located under warranty until (warranty card expiration date) (date of incident) I took the mobile phone and tried to turn it on. The device booted up and turned off by itself after a few minutes. an independent examination was carried out, which revealed a manufacturing defect of the boards mobile phone. I paid for the operation (amount). I ask you to reimburse me the money in the amount paid for the smartphone (model), as well as the costs of diagnosing this equipment.

This claim is not exhaustive. This sample is just a small template for the body of the document. It helps to understand the essence of the drafting paper.

About batteries and components

The last question that can only arise is the refund of money for a phone with a defective battery or other components. Is it possible to carry out such an operation? Yes. Just remember a few simple rules. The principle of filing a claim will not change.

The warranty for phone batteries will be exactly the same as for the device itself, unless the manufacturer specifies otherwise. It is enough to carefully study the warranty card. If it does not mention that the battery or some components of the smartphone are not under warranty, you can safely contact the store with claims within the entire period indicated on the coupon. The main thing is to have documents for the phone and a check indicating payment for the goods.

Results

Perhaps this is all that every consumer should know. From now on, the topic "Phone under warranty - my rights" will no longer cause any difficulties. If the smartphone has all the documents, you can easily make a claim and return the money for the purchase of inadequate quality. Of course, the device itself will need to be given to the store.

In fact, everything is much simpler than it seems. Sellers often try to violate the rights of buyers. It is important to understand that you can exchange or return money for a product at any time if it is proven to be of inadequate quality, a serious defect. But a serviceable device is allowed to be returned only if the presentation is preserved and within 14 days from the date of purchase. Even technically sophisticated devices must be accepted for exchange or return.

So, if a citizen's phone suddenly breaks down, he can demand its exchange or refund during the entire warranty period. The main problem in this matter is device diagnostics. We have to prove to the stores that the smartphone was originally purchased with a defect. In practice, not every buyer succeeds in defending his rights.

The breakdown of a new phone is an unpleasant case, but with this technique it is not uncommon. Arises actual question what to do in such a situation. Especially when the equipment suits, it is convenient to use, and there is neither desire nor money to buy a new one. In this case, you should pay attention to the warranty, and not only the distributor, but also the manufacturer. And if the warranty period is still relevant, you can safely contact for service.

How to return the phone for repair under warranty?

There are some nuances in correctly handing over the purchased goods within the warranty period. The owner of the broken equipment can count on its immediate restoration under warranty service. For free. However, in practice, many face obstacles.

Initially, you should pay attention to where you should go to hand over the equipment. Legislative norms provide that the consumer has the right to contact both the service center and the store itself. The latter may try to redirect the client to the service, but this is not entirely legal. That is, it is not prohibited, but it does not allow legal basis avoid liability for defective goods.

To hand over the phone for repair under warranty, you will need the following papers:

receipt for the purchase of goods - when, where, for how much was purchased;
valid warranty card.

When accepted for repair work an act is drawn up, which indicates all the data of the owner, equipment, details of the receipt and the corresponding coupon. External data are also indicated, as well as those damages that must be repaired. This also includes an inventory of everything that is rented with the goods. At the same time, it is necessary to indicate that the period of repair work should be minimal.

You should be aware that in the absence of the original packaging, they cannot refuse to repair the phone under warranty. It is also recommended that the customer keep the original receipt and warranty card. Or at least have copies of them on hand - in the event of a trial, they will become a serious argument.

How to get a refund for a phone under warranty after repair

Many are faced with a situation where, after repair work, a malfunction is soon detected again. At the same time, 15 days during which it was possible to hand over the goods have already passed. In this case, a refund for a phone under warranty after repair can be made for the following reasons:

discovery of a serious marriage;
the maximum period of repair work was violated - 45 days;
due to frequent breakdowns in each warranty year, the device was under repair for more than a month.

In these cases, the money for the purchase can be returned or exchanged for a quality analogue. At the same time, it should be remembered that warranty service is extended for the period during which the malfunctions were eliminated.

Replacement phone during warranty repair

When returning a phone for repair under warranty, the consumer must take into account that, under the Law, he has the right to a replacement product. That is, when drawing up an act for repair work, one should indicate the desire to get a similar device for use at his time.

The store or service has no right to refuse this and the replacement of the phone for the period of repair under warranty must be carried out within the next three days. Otherwise, a penalty of 1% of the cost will be charged for each day.

How long does it take to repair a phone under warranty?

Consumers often have a question about how long a phone can be repaired under warranty. The Consumer Protection Act specifies that such a period cannot exceed 45 days. Many services and stores, when drawing up an act on the acceptance of goods for warranty service, indicate this particular period.

You should know that the consumer has the right to correct it and indicate the desired one, up to immediate. If the case goes to court, then the specified period of 45 days will be more difficult to challenge. Moreover, during the judicial resolution of this conflict, an examination is drawn up, which reveals in practice how much time is needed to carry out repair work.

That is, for obvious reasons, it is not always possible to eliminate a malfunction in one day. However, if the examination reveals that the service took longer than it should have, a penalty of 1% of the cost will be charged for each day. In order to protect your rights, you only need to have the necessary documentation.

In order to determine the terms of warranty repairs, first you need to understand the very concept of warranty repairs, determine how it differs from ordinary commercial repairs and what is its legal status.

Warranty repair is the right of any buyer. When buying a new product, the buyer is guaranteed that the product will work for a certain amount of time, and if the product breaks down earlier, the seller (or manufacturer) undertakes to repair this product free of charge.

In other words, when buying a product, the buyer knows for sure that he will not have to spend money on buying a new product or repairing it for a certain amount of time.

Legally established terms for repairs under a warranty service agreement

If, after the purchase of the goods covered by the guarantee, defects were found during the warranty period (breakdowns, lack of declared characteristics, and so on), the buyer has the right to contact the seller with a request to carry out warranty repair products. Moreover, this type of repair should be absolutely free for the buyer.

Based on article 20 of the Consumer Protection Law, the terms of warranty repairs can be calculated individually. Thus:

If the buyer does not sign any warranty repair agreement when purchasing the product (usually the warranty terms contain such items as the terms of warranty repairs and the procedure for submitting the product to the workshop), then the warranty repair of the product must be carried out immediately. The maximum period, in this case, is determined by 45 days;
If, when purchasing a product, the buyer signs a slightly different warranty agreement, then the terms will be determined based on the provisions of such an agreement (within reasonable limits).

The period of warranty repair is the same for all cases, both when repairing a simple product, and when repairing a technically complex one.

The definition of other terms of warranty repairs is only possible by mutual agreement of the parties to the purchase and sale transaction. Usually such an agreement is dictated by the need of the seller (or service center) order and deliver the parts needed for repair.

However, this need is not considered good reason for an unconditional extension of the warranty period.

In any case, whether to agree to an extension of the deadlines or not is the right of every person.

For the duration of the warranty repair, the buyer has the right to demand the provision of a similar product with similar properties for temporary use.

Often, unscrupulous dealers try to extend the terms of warranty repairs by misleading the client that the period is calculated in business days. It is a myth!

If you were told this at the service center, feel free to object, since there is no indication about working days in the legislation. But by analogy with the rule of law, the terms in civil law are calculated in ordinary calendar days.

If the masters continue to balk, demand to invite the leadership and refer to the provisions of article 190 Civil Code RF.

There is one exception to this rule. If the last day of the expiry date falls on a weekend or holiday, then the first working day following it will be considered the legal end of the period.

As already mentioned, the consumer has the right to demand the provision of a similar product for temporary use during the period of warranty repair.

It is best to voice such a requirement immediately upon delivery of the product for repair. Since it may take time for the seller to prepare a replacement product. You can get a replacement on the third day after the delivery of the goods for warranty repair.

It is important to understand that there is a list of goods (mostly personal use goods) that are not replaced by others during warranty repairs. But their list is not great.

To be sure that your consumer rights are protected, when returning the product for repair under warranty, ask the service center or dealer:

A certified copy of the work order for warranty repairs;
Transfer-acceptance certificate;
Diagnosis conclusion.

Documents according to which the product is transferred for warranty repair must contain:

Date of transfer of the product to the workshop;
The start date of the repair;
Description of the goods, its serial number, other identification data;
The full condition of the product, if there are other damages or special marks other than mass-produced ones, then they must be indicated in the act;
Data of the person transferring the product for repair under warranty;
Locations where repairs will be made;
Data on the conclusion of the diagnostician with recommendations for repairs;
Terms of warranty work;
Signatures of the parties.

The preparation of documents must be treated with special attention. Since, despite the fact that the law specifies a maximum period of 45 days for warranty repairs, it will be difficult to prove that the period has expired if there is no document confirming the start date of the repair.

What should I do if a repair under a valid warranty was not carried out on time?

If the seller (or dealer) failed to repair the product in time, then you have the right to demand payment of a penalty from him.

If this situation happened to you, then take a pen, a blank sheet of paper and make a claim in free form. In it, you need to describe in detail the essence of the problem, refer to Article 23 of the Law "On the Protection of Consumer Rights" and state the requirement for payment of a penalty.

A penalty of 1% is charged for each day of delay in warranty repairs.

Take the claim personally to the point where you handed over the product. Have a copy of the claim with you, on which you need to leave a mark of acceptance. You have no right to refuse this. If you are denied, then you have the right to recover the penalty through the courts.

When filing a claim, it is better to invite two friends with you as witnesses of what is happening. Also, if you did not like the communication with the masters of the service center, then you can return the product, exchange it for a new one, or significantly reduce its cost on the basis of Article 18 of the Law “On Consumer Rights Protection”. The right to choose such a sanction belongs only to you.

The right to demand a refund for the product arises from the buyer already after the expiration of 30 days after the start of the warranty repair. This rule is dictated by the norm, which allows you to return the product if within one year the buyer cannot use the product due to its constant being in warranty repair for more than 30 days in total.

This rule applies to both simple goods and technically complex ones. In order to successfully return a product, exchange it, or reduce its value, you need to contact the seller in writing and state the problem.

Feel free to indicate in the text of the claim all the problems with the product, indicate the violation of the terms of repair and state your desire to return the goods.

Complaints must be responded to within 10 days. If the seller ignored the appeal, then you can force him to fulfill his obligations through the courts.

If you come across a defective product, then you have the right to repair it free of charge at the expense of the seller. But remember that for such repairs there are certain terms. You cannot demand their reduction, but you can also receive compensation if the seller violates these deadlines.

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

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

Cell phone warranty repairs have strict deadlines for their work.

Learn all about the features of the examination of goods of inadequate quality,

Phone warranty denied

Law "On Protection of Consumer Rights", article 18, paragraph 6 says that in relation to goods with an established guarantee, the authorized organization selling the goods is liable for malfunctions.

The exceptions are factors that provide for violation of the rules of use, transportation, storage by the consumer.

The exception is also the actions of third parties, the action of force majeure. If the consumer is denied warranty repair of the phone, you must carefully study the wording of the refusal.

The main statements that motivate the refusal to warranty repair of the phone:

Liquid ingress detection;

Withdrawal from the guarantee;

Detection of traces of mechanical damage;

Violation of the rules of operation.

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

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

The court also appoints 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 the costs of transporting the goods.

This is the rights of consumers to warranty repair of the phone.

Protect yourself from low-quality services of companies and from unscrupulous individual entrepreneurs The Consumer Protection Society will help you. Read more.

phone repair claim

If there are obvious shortcomings in the warranty repair of the phone, or in case of delay in the deadlines specified during acceptance, a claim should be made in writing.

Main claims:

Name and address of the seller-organization;

Consumer data, address and contact numbers;

Description of the claim with an exact indication of the date of appeal, the price of the phone and a list of defects found;

Description of consumer benefits based on various articles of the Consumer Rights Protection Law;

Requirements;

Date, signature.

A complete sample of the claim can be downloaded on the official website of the Society for the Protection of Consumer Rights.

After submitting a claim, it is necessary to obtain a receipt from the seller organization in its receipt.