How to get a replacement product during warranty repairs?

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In accordance with the provisions of the Law on the Protection of Consumer Rights (No. 2300-1 of 06/04/2018), the transfer by the buyer of a low-quality product for repair involves the provision of a replacement product (Article 20,). In what cases can you count on receiving a replacement product during warranty repairs, and how to achieve its acquisition will be discussed in the material.

Normative base

There are two cases described in the PPP law in which the consumer has the right to rely on the use of a substitute product item:

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1. Clause 2 Art. 20 of the law on ZPP. This legislative norm states that if the consumer sent a written request to the seller/manufacturer for repairs and provision of a similar product item for the entire time, the person who sold the low-quality product undertakes to satisfy it within 3 days. Moreover, an analogue of the product must have identical consumer qualities, and its delivery must be carried out at the expense of the seller.
2. Clause 1 Art. 21 of the law on STDs. If the repair of a product requires a period of no less than 7 days, based on the requirements submitted by the consumer, the manufacturer/seller undertakes to provide a replacement product for the consumer’s use free of charge within three days after receipt of the claim. This rule applies to all product items with the exception of those listed in paragraph 2 of Art. 20 of the law on ZPP.

Necessary documents for obtaining a temporary replacement, terms of use of the replacement

The buyer has the right to present his own conditions and request a replacement within the period specified in the warranty passport, or within a period of two years in the absence of a warranty.

If the technical warranty period is not two years, and shortcomings and shortcomings are discovered by the buyer after the expiration (end) of the technical warranty period, but within two years, the buyer has the right to present exacting circumstances to the seller (manufacturer) regarding breakdowns.

You can get a replacement from the replacement fund in any case while resolving the issue of eliminating deficiencies, malfunctions or the process of considering the causes and possible solutions to the current situation. To obtain a replacement, you must contact the manufacturer (seller) with a written application (no sample has been established), indicating the reason for the return, and also be sure to describe your intention to receive a replacement while the problem is being resolved.

The application must be completed in two copies. One sample is given to the seller, and on the other the responsible person puts an acceptance mark, number, signature and date, and it remains with the buyer. The seller/manufacturer must provide a positive or negative letter of response to your application.

Any manufacturer, importer, seller, retail company, for example, Euroset and other large stores, should have a replacement fund.

Please note: Delivery of items over 5 kg for repairs is carried out at the expense and through the responsible party.

Terms for using the substitution from the day of application:

1. Replacement (exchange) of an improper one with a quality one. A week, three weeks from the moment of contacting the exchange fund, if necessary, technical diagnostics and technical certification (additional checks) for quality compliance by the seller (importer, manufacturer).
2. Refund of part of the money paid for defective goods. An objective period for checking the grounds and cost of a breakdown, if it is not determined in writing (if there is an agreement), but not more than one and a half months.
3. Elimination of disadvantages, shortcomings, malfunctions. One day; in case of obvious deficiencies - a minimum specified period reasonable for their elimination, taking into account technical diagnostics and technical certification. But the period for eliminating deficiencies or complex technical repairs cannot exceed one and a half months.
4. Return of goods with a full refund of its cost. Two weeks.

When is a replacement product issued during warranty repairs?

There are two cases when you can count on using an analogue while the main product is under warranty repair:

• the consumer has drawn up a statement addressed to the seller asking him to replace the low-quality product with an identical model or brand;
• the buyer sent a request to the contractor to provide a replacement product item.

As noted earlier, the manufacturer/seller has only three days to satisfy this requirement. Moreover, the first day is not the day of circulation, but the next after it. If the last day falls on a weekend or holiday, it is transferred to the next working day.

IMPORTANT

Each day of delay in providing a replacement product during warranty repairs is accompanied by the need to pay a penalty, which is prescribed in Art. 23 laws on STDs. If consumer requirements are ignored or delays are allowed, the violator will pay 1% of the price of the product item daily.

The law says that all citizens who have submitted an object of purchase and sale for warranty repairs, which will require more than seven calendar days, have the right to replace a product item. If the transfer of a product item for repair under warranty is carried out by mail, the sending of an analogue is carried out in the same way, and delivery is organized by the party that provided the guarantee at its own expense.

If the replacement stock does not contain the required product, the consumer can count on receiving an item with similar consumer characteristics. Many sellers successfully take advantage of this by giving buyers cheaper product items (for example, regular phones instead of smartphones).
If repair time is delayed, the consumer has the right to retain the analogue until the repair work is completed in full.

Application Form

Providing the owner with a replacement for the period of repair of the main device is made only after he submits an application.
Until the paper is provided to the seller, a similar product will not be provided. Retail outlets often take advantage of citizens’ ignorance of the law, keeping silent about the possibility of getting another cell phone during warranty repairs.

The application is submitted on paper. It must contain the following information:

1. Data from the manager of the retail outlet carrying out repair work.
2. Personal details of the applicant.
3. Description of the circumstances (when the product was delivered to the store, what model and brand of the phone being repaired).
4. Description of requirements. A replacement should be requested during the repair period. It would be useful to refer to the current legislative acts that provide a citizen with the right to receive a replacement (Articles 20 and 21 of the Law of the Russian Federation).
5. Client signature and date of submission.

Attention! In the demanding part, you can also demand payment of a penalty if the retail outlet does not have a similar product - one percent of the price of the phone being repaired (Article 23).

The application is drawn up in two copies. Each sample must bear the signature of the organization or authorized individual entrepreneur responsible for the work. Documentation can be avoided if the repair is carried out as a result of filing a claim. The replacement requirement can be written down in this paper.

How to submit a request for an analogue?

IMPORTANT
A verbal request for a substitution is not enough. In order to count on using a similar product during warranty repairs, the consumer must fill out an application and ensure that it is transferred to the customer service center together with the faulty item.

The design follows the classic template:

• first there is a “header” indicating the contact information of the applicant and recipient;
• then the name of the paper is displayed, it looks approximately as follows: “Application for the provision of a similar product for the period of warranty repair”;
• after this, the main part is drawn up, which indicates a request for delivery of an analogue for the entire period of repair activities under warranty;
• It is not necessary to make references to legislative provisions in this document, but in order to enhance the weight of their own appeal, the consumer can refer to Art. 20. the law on sexually transmitted diseases;
• then the word “please” is indicated, after which all the requirements of the declaring party are indicated in the list format (an important role is played by the mention of the issuance of a replacement product item within a three-day time period);
• upon completion of the paper, a date and signature are placed on it, since without these details it simply does not have legal value.

At the final stage, the service center employee is assigned the obligation to assign a number to this document and certify it with a signature.

Actions in case of refusal

In practice, there are often cases when the seller refuses to provide a replacement product to the buyer.

Most often, the seller explains this by the lack of the necessary stock of similar products. It should be noted that this is not a reason for refusal. In such situations, each person can apply to authorized official bodies for restoration of limited capabilities. One of them is the Federal Service for Supervision of Consumer Rights Protection and Human Welfare. Rospotrebnadzor has the authority to consider any requests in the field of sale of goods and provision of services, including on issues related to the provision of replacement analogues for temporary use. To do this, you need to draw up an application and, attaching all available documents to it, send it to the Federal Service.

If a person has not achieved his goals or is not satisfied with the response received, he can file a claim with the court. But in this situation, certain problems may arise, since during the preparation of the proceedings the product will be repaired and returned to the owner. In such circumstances, a person can count on recovering compensation in his favor for moral and material damage caused.

When do they have the right to refuse to provide a replacement product?

Government Decree No. 55 of January 19, 1998 contains a list of durable goods that cannot be replaced (at least the service center is not obliged to provide the consumer with analogues instead):

• vehicles, whether cars, motorcycles, boat accessories, boats and yachts, trailers, etc.;
• interior items;
• weapons, in particular firearms;
• electrical household appliances equipped with heat treatment capabilities (toasters);
• toiletries.

Please note
Despite such legislative provisions, some automobile and other service centers take into account consumer requirements and provide replacement product items, however, they are not required to do this during warranty repairs.

Repairs are taking too long - what to do?

The Consumer Protection Law specifies that the maximum repair period is forty-five days.
This time period is established by the legislator. The starting point is the day the device is submitted for warranty repair.

The period for delivery of the product by the seller to the service center and its return is included in this time period.

The absence of any details necessary for the work is not grounds for extending the period allocated by law.

After 45 days (it is important that the receipt received upon delivery of the goods indicates the repair period), the citizen may demand:

1. Return the phone to the store and receive the money paid for it.
2. Carry out the procedure of exchanging your old cell phone for a new one (of the same make and model).
3. Penalty payments.

Replacement product during repairs under warranty for a technically complex product

For the entire period of repair work in relation to a product of increased technical complexity, the consumer has the right to demand that another item with identical characteristics and options be provided for temporary use. The deadline for satisfying a claim is similar and is three days from the date of its receipt (but this rule does not apply to all product items).

For your information

To confirm the time during which repairs were carried out, the consumer undertakes to request a supporting document from the seller. If the time period was not displayed, or the consumer did not receive any confirmation at all, the maximum time is equal to 45 days. Without the appropriate document, confirming the date of acceptance of the goods for repair will be problematic.

The duration of repairs carried out under warranty may be increased if this possibility is specified in the agreement. Ignoring deadlines is a common violation. Faced with such circumstances, the consumer can expect to recover the amount of the penalty voluntarily or in court. After the expiration of the time period allotted for repairs, the consumer has the right to demand the return of his funds, which also applies to technically complex goods.

IMPORTANT

The Consumer Rights Protection Law states that a buyer, when sending a technically complex product for repair under warranty, can count on receiving a similar product with the same set of consumer characteristics. GOST R 51303-2013 establishes that consumer property is usually understood as quality, which is manifested in the process of exploitation of the item by the consumer in the course of satisfying needs. Therefore, the seller is not obliged to provide the product of the same model.

Receipt procedure

Temporary replacement of the phone being repaired with a similar device is initiated by the buyer himself. In this case, the seller is not obliged to make an offer of this nature.

To begin, the consumer must make a written statement. It should be noted that a temporary replacement can only be counted on if the preliminary repair period determined by the seller exceeds seven days. That is, only the initial information matters here. The actual repair time does not matter. For example, the seller set the deadline for eliminating defects at ten days, but later it was five. In this case, a person can initially claim his rights to a temporary replacement of the device. To take advantage of this opportunity, it would be correct for the consumer to request a written response to his appeal.

The completed request must be submitted to the seller. It's best to do this in person. In this case, it will be possible to immediately resolve all disagreements on the spot, find out about the repair time frame and demand a replacement. Current legislation does not prohibit sending a claim by mail, online, through an authorized representative or by courier service. But such options will complicate the process of resolving the issue.

Replacement goods for the period of warranty repairs for a legal entity

The right to receive replacement goods during warranty repairs is specified in the ZPP law. This document applies exclusively to individuals. Accordingly, the retail establishment is not obliged to provide a replacement product item to the organization requesting repair of the product.

Attention

However, a legal entity is assigned the right to recover losses associated with the inability to use the goods purchased by it (Article 15 of the Civil Code of the Russian Federation “Compensation for losses”). In addition, if the direct terms of the contract provide for the need to provide a replacement product during warranty repairs, this will still have to be done.

If a commodity item is purchased by a legal entity, the situation may be regulated by the norms of the supply agreement (Article 506 of the Civil Code of the Russian Federation). The terms of this agreement are determined by the interested parties to the transaction. However, the seller, who is interested in preserving the prestige and reputation of the company, can independently add a clause regarding replacement goods to the contract.

The retail outlet refuses to satisfy the requirements - what to do?

The store does not always meet the buyer halfway. Even after the latter has submitted a corresponding application. If the cell phone owner's demands are ignored, there are several ways to influence the retail outlet.

First of all, you should write a new application in which you demand payment of the penalty. The starting date in this case will be the fourth day after the submission of the first application. The penalty is charged until the phone is returned to its owner.

Peculiarities! In accordance with 23 articles of the Labor Code, an organization or an authorized individual entrepreneur must be responsible for providing replacement goods. A service center carrying out repair work will also fall under this definition.

If the organization or authorized individual entrepreneur has not responded to the additional application, you can contact:

1. "Rospotrebnadzor".
2. Judicial authority.

Rospotrebnadzor is one of the agencies monitoring compliance with legislation in the consumer sector. If a citizen is provided with low-quality services or his rights are violated, he can contact this organization.

Its employees will conduct an inspection and take action against violators . The problem is the timing of the review. The legislator gives Rospotrebnadzor up to thirty days to carry out these actions. During this time, the phone can be returned to the citizen.

To protect their rights, the consumer can use the services of the court. To do this, you must file a claim, to which you must attach an application submitted to the retail outlet. Legal arguments may also last longer than repairs, but in this case the citizen may demand payment of a penalty.

When can I file a complaint?

If the store does not provide a replacement product item during the repair of the product under warranty, there are no operational ways to influence it. But there are 2 main options:

• writing a claim for a penalty for the fact of delay in issuing a replacement in the amount of 1% for each day of delay;
• filing a complaint with ROSPOTREBNADZOR, which will give you an answer within 30 days (since during this time the service center usually has time to repair the product, this action is not always advisable).

That is, if the seller, in accordance with the law or the terms of the contract, is obliged to provide a replacement product during warranty repairs, but he did not do this, or did so, but with incomplete compliance with the rules, the consumer has the right to file a claim.

It should contain the following data:

• names/names of the parties – seller and buyer;
• date of purchase of the product item, delivery for repairs, estimated period of repair activities;
• specific requirements presented by the consumer;
• signature.

for failure to provide replacement goods.

Phone breakdown

A device malfunction is characterized by a partial or complete loss of the functions it performs. Examples could be insufficient audibility, lack of data on the screen, sticking keys, cracks in the case, which allow moisture and dust to get into the microcircuits.

If the device fails during the warranty period, the seller is obliged to repair it. The party that bears the costs in this case is determined depending on whose actions caused the breakdown. The seller will eliminate defects only if there was a defect or non-compliance with the conditions of storage, delivery and adjustment of the product.

In practice, there are often cases when a consumer may be denied warranty service. These include - guilty actions of the buyer, an attempt to carry out repairs on their own, careless operation, improper use, violation of the requirements of the technical instructions.

What is a replacement stock of goods?

Replacement fund of goods is a reserve in which goods of substitution value are stored. That is, when handing over, for example, equipment for repair, the consumer can count on being provided with an item with identical consumer properties. In order to take this product and provide it to the buyer during warranty repairs, the seller turns to the replacement fund to find the item he needs.

For your information

So, if the estimated repair period for a product under warranty exceeds 7 days, in accordance with the provisions of Art. 21 of the Law on ZPP, the consumer has the right to demand a replacement. In the accounting department of an enterprise, when creating a PF, certain entries are made. The first of them is Dt10Kt41. And the fact of transfer of goods from the PF to the consumer is recorded by the entry Dt10Kt10.

What phone number should the retail outlet provide?

The legislator regulates not only the process of providing a replacement product, but also what exactly it should be.
This aspect is controlled by the second paragraph of the twentieth article of the PZPP. In accordance with it, the citizen must be provided with another similar durable product. A similar device means a telephone that has the same basic consumer properties (that is, those that are characteristic of the product submitted for repair). Consumer properties are the characteristics of a product that appear during its operation and ensure the satisfaction of the citizen’s needs.

Accordingly, the retail outlet is obliged to provide a replacement. However, the replacement does not necessarily have to be a mobile phone of the same model and brand as the device sent for repair. That is, the replacement must match the original in functionality, but not necessarily in appearance and cost.

It should be noted that the citizen himself can specify in the application the requirements for the replacement provided, indicating exactly what functions the device should perform.

However, you should not specify characteristics that the phone sent in for repair does not have. A new phone is provided free of charge.

Fine to a store for not providing replacement goods

If a company that has an obligation to provide a similar product for the warranty period has not fulfilled it, or has not fulfilled it in full, it is obliged to pay a penalty in the amount of 1% of the price of the device being repaired per day. If the company rejects this requirement, the consumer retains the right to file a claim in court, and a photocopied version of the act must be attached to the application.

If administrative proceedings are initiated in the case, in accordance with Art. 14.15 of the Code of Administrative Offenses of the Russian Federation (it regulates situations related to violations of the sale of certain types of commodity items) and Federal Law No. 55 of January 19, 1998, a fine will be imposed. The size is a maximum of 30,000 rubles. for legal entities and 1-3 tr. for individual entrepreneurs.

What to do if the seller refuses you

If the seller refuses to issue a similar product when repairing or replacing an old one, write a written statement to the store.

You can write it in free form or simply fill out a sample application by downloading it from the link at the end of the article.

All technical data should be indicated in the application for the provision of a similar product so that there is no reason for unnecessary correspondence with the store and waste of time.

Information Place a note on your copy of the application indicating that the store administration has accepted this document for execution.

If they refuse to accept the document and behave rudely, then the best solution would be to film this moment on video. In the future, the video can be used in court.

During the repair of your equipment, if the seller refuses to provide a similar product, it is better to rent a similar item. This will allow the court to recover the cost of rent from the store along with moral damages and a penalty of 1% for each day of refusal.

Don't be afraid of litigation. Filing a lawsuit for failure to comply with the requirements for the issuance of a similar product is not subject to state duty.

The claim is filed at the place of residence, and during the trial the entire burden of the process will fall on the shoulders of the seller; the court will initially be on your side. To be sure, along with filing a lawsuit in court, you can write a complaint against the store to Rospotrebnadzor.

Download sample applications in .doc format: Application for issuance of similar goods (size 27 Kb)

Application for provision of a similar product for the period of repair (size 18 Kb)

Arbitrage practice

If we analyze court proceedings in these disputes, practice shows that penalties imposed on individual entrepreneurs rarely exceed 1,000 rubles. In addition, the guilty parties often try to find justification for their actions. Refusing to pay a penalty, they rely on the fact that the product is in service for 20-30 days awaiting parts, while repairs under warranty last 2-3 days. It turns out that the company is not at all obliged to provide an analogue product, since the repair period is less than 7 days. Therefore, many controversial situations arise.

What to do if they refuse to issue a replacement during repairs?

If the contractor refuses to comply with the consumer's requests for a replacement product, he may lose money. Since, in accordance with the law, he is obliged to pay a penalty for each day of delay.

The amount of the penalty is 1% of the cost of the goods daily. It will be paid until the contractor fulfills the buyer’s request or the product is repaired.

It is advisable to submit a demand for payment of a penalty after the expiration of the deadline for fulfilling the buyer’s main requirement - repair or replacement of the goods.

For performers, a penalty is a rather unpleasant moment. Therefore, they often try to avoid it in one way or another.

Often they begin to give various reasons that indicate that they should not pay anything. An example would be the actual repair time.

That is, the main argument for waiving the penalty is the period during which the product was under actual repair. For example, out of the 45 days that the product “spent” in the service center, only three of them were repaired. That is, the penalty can only be calculated taking into account this period.

Nuances

The main point of concern to consumers is the functionality of the provided analogue during the warranty repair. In the case of technology, for example, sellers often provide consumers with goods of lower quality (for example, a NOKIA feature phone in exchange for a Sony smartphone). On the one hand, the properties of the provided product item are similar, on the other hand, with NOKIA you can only send messages and make calls. If the buyer disagrees with the seller’s position, he has the right to appeal this action and demand the provision of an identical model.

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Exceptions

Not all goods must be given to you as a replacement.

• Firstly, we are talking about durable goods.
• Secondly, there is an approved List of Goods, but the obligation to replace it does not apply. Scroll.

According to the law, there is no reason to substitute the following goods:

1. Auto and motorcycle equipment, except for goods for the disabled.
2. Furniture.
3. Electrical household appliances for personal and medical use.
4. Electrical household appliances for thermal processing of food.
5. Weapons and main parts of civilian and service weapons.

In practice, many car dealerships provide replacement cars during repairs as a matter of good faith and in order to maintain their image.