What to do if your warranty card or receipt is lost

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Published: 10/26/2018

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A warranty coupon is required for convenient tracking of the warranty period for the product. The warranty period is the period of time during which the consumer can make claims about the quality of the product to the contractor.

• Is the seller required to fill out a coupon?
• How to fill out the form correctly
• Is warranty repair possible without a coupon?

Such deadlines can be set by both the manufacturer and the seller. In this case, the consumer can take advantage of a longer one, often this is a manufacturer’s guarantee. If the warranty period is not established, then, in accordance with Article No. 19 of the Law “On Protection of Consumer Rights”, it will be equal to two years.

Consumer rights

The buyer may make a demand to replace the purchase with a product of the same brand as the one that is out of order, replace the purchase with another brand with recalculation of the cost, reduce the price and return the amount that was previously paid.

The client may require this if:

• detection of significant deficiencies in products;
• violation on the part of the seller of the deadlines within which, according to the Law, the defect must be eliminated;
• inability to use the product, since the product was repeatedly presented to the service center and was constantly under repair.

In such situations, the consumer can demand that the seller ensure his rights in full.

About problems when the consumer exercises the right to warranty repair of goods

Issues of consumer protection will always be relevant, since purchasing goods and ordering various types of work and services accompany us everywhere.

When purchasing a product, everyone counts on its quality and the ability to use it for its intended purpose for as long as possible, however, even with the most careful use, there are cases when the product fails, and the reason for this is a manufacturing defect. It is for such cases that the manufacturer (supplier, representative) is obliged to establish a warranty period for the product. Due to the fact that the manufacturer (supplier, representative) does not always set this period properly, to protect consumers, the legislator also obliged the seller to establish a warranty period for the product.

According to the Law on the Protection of Consumer Rights (hereinafter referred to as the Law), the warranty period is a calendar period established in days, months, years, or operating time established in hours, operation cycles, kilometers or other similar indicators, during which the product (work result) , service) must meet the requirements for its quality, determined in the manner prescribed by law.

Thus, this is the period during which the consumer can contact the seller (manufacturer, supplier, representative) or a repair organization designated by him for repairs under warranty.

From the point of view of legislation, warranty repairs are free of charge elimination of defects in the product and must be carried out immediately. If it is not possible to eliminate the defects of the product immediately, the maximum period for their elimination cannot exceed fourteen days from the date the consumer submits the corresponding demand. By written agreement with the consumer, this period may be increased to thirty days. If the specified deadlines are violated, the seller (manufacturer, supplier, representative, repair organization), who committed such violations, pays the consumer a penalty in the amount of one percent of the price of the goods for each day of delay.

Often consumers encounter problems even at the stage of exercising their legal right to warranty repairs. Thus, on July 18, 2018, citizen P. purchased a Samsung J7 mobile phone worth 537.99 Belarusian rubles from IOOO “B” (seller). After a month of use - 08/12/2018 P. contacted the seller with a malfunction in the form of a partial absence of an image on the screen (drips/bubbles on the display). The product was redirected by LLC "B" to an authorized service center for warranty repairs, after which P. was refused free warranty repairs due to the presence of traces of mechanical impact, namely delamination of the display. P. did not agree with the refusal received and turned to another organization to conduct an independent examination. As a result of the study, the expert established the following: there is no reason to believe that the user violated the operating rules. There is no evidence of equipment damage, physical impact, or contact with liquids.

With the received conclusion, on September 17, 2018, P. again turned to IOO “B”, but her demands were never satisfied. After this, citizen P. filed a statement of claim in court and made demands for gratuitous elimination of defects in the goods, reimbursement of the cost of the examination, as well as payment of a penalty for violating the terms of gratuitous elimination of defects in the amount of 161.39 Belarusian rubles (537.99 Belarusian rubles x 1% x 30 days overdue).

For information: in this case, the number of days of violation of the deadlines for gratuitous elimination of deficiencies was calculated as follows.

On September 17, 2018, a claim was submitted demanding warranty repairs. According to paragraph 1 of Art. 22 of the Law, the maximum period for eliminating deficiencies free of charge was 14 days. Taking into account the fact that the period begins the next day after the calendar date <*>, the requirement for warranty repairs should have been satisfied on 10/01/2018. The statement of claim by citizen P. was filed in court on November 1, 2018, thus, from October 2, 2018 to November 1, 2018, the delay was 30 calendar days.

During the court hearing, the case materials were studied, the explanations of an independent expert were heard, after which the parties came to a settlement agreement, according to which IOOO “B” undertook to carry out warranty repairs, pay a penalty in the amount of 161.39 Belarusian rubles, and also compensate P. the cost of an independent examination. Thus, at the next court hearing - November 29, 2018, the district court approved P.’s refusal of the claim in connection with the resolution of the dispute voluntarily.

The above example makes it clear that the seller (manufacturer, supplier, representative, repair organization) is not always willing to fulfill its obligations to carry out warranty repairs. For this reason, the consumer is often forced to bear additional time and material costs to prove the presence of a manufacturing defect in a product. In turn, the majority of consumers, due to ignorance, do not take any measures at all to restore their violated rights.

Another big problem for consumers is violation of warranty repair deadlines. In this case, the main measure of liability for the seller (manufacturer, supplier, representative, repair organization) is a penalty. Thus, on February 17, 2018, citizen G. purchased an Apple iPhone 7 mobile phone worth 1,550 Belarusian rubles. During its operation in accordance with the established rules of use, a flaw was discovered that resulted in the incorrect operation of the vibration motor, which manifested itself in the form of a crackling vibration when receiving notifications. In this regard, on 07/04/2018, G. contacted the service center, which was indicated by the seller in the warranty card. On the same day, the mobile phone was accepted for free warranty repair. Due to failure to eliminate the deficiencies within 14 days, on August 10, 2018, G. made an entry in the book of comments and suggestions of Private Unitary Enterprise “M”, where she reported the existing violation. The phone was returned to G. on August 14, 2018 with an actual delay of 27 calendar days. For this reason, G. appealed to Private Unitary Enterprise “M” with a written claim, in which she stated her demand for payment of a penalty in the amount of 418.50 Belarusian rubles (1,550 Belarusian rubles x 1% x 27 days).

To this claim, ChTUP “M” gave a response in which it confirmed that citizen G.’s mobile phone was accepted and repair work was carried out on it at the expense of the trading organization. According to the price list approved by Private Unitary Enterprise “M”, the cost of work carried out on G.’s mobile phone was 25 Belarusian rubles, the cost of the vibration motor was 12.36 Belarusian rubles. Also, ChTUP “M” argued that the penalties collected from the repair organization are calculated on the cost of the repair work performed, and not on the cost of the goods, and therefore their amount is 6.75 Belarusian rubles (25 Belarusian rubles x 1% x 27 days ).

This response was perceived by G. as a refusal to satisfy the requirements, after which she filed a lawsuit to collect a penalty for delay in eliminating defects free of charge in the amount of 418.50 Belarusian rubles.

At the court hearing, G. (plaintiff) supported her claims in full, the representative of ChTUP “M” (representative of the defendant) partially admitted the claims.

The district court, having heard the parties, studied the case materials and assessed the evidence collected in the case, in a decision dated December 29, 2018, came to the conclusion that the claims must be satisfied on the following grounds.

In accordance with sub. 1.3 clause 1 and clause 9 art. 20 of the Law, a consumer to whom a product of inadequate quality was sold, if its defects were not specified by the seller, has the right to demand immediate, free of charge elimination of the defects of the product.

The consumer has the right to make a demand for immediate, free of charge elimination of defects in the product by a repair organization.

Detected defects in the product must be eliminated by the seller (manufacturer, supplier, representative, repair organization) free of charge and immediately. If it is not possible to eliminate the defects of the product immediately, the maximum period for their elimination cannot exceed fourteen days from the date the consumer submits a request to eliminate the defects of the product <*>.

For violation of the deadlines provided for in paragraph 1 and part 1 of paragraph 2 of Art. 22 of the Law, the seller (manufacturer, supplier, representative, repair organization), who has committed such violations, pays the consumer a penalty in the amount of one percent of the price of the goods for each day of delay <*>.

However, this amount is disproportionate to the consequences of the defendant’s violation of the obligation; for this reason, it was reduced by the court to 100 Belarusian rubles.

For information: if the penalty payable is clearly disproportionate to the consequences of the violation of the obligation, the court has the right to reduce the penalty.

When deciding whether to reduce the penalty, the court may take into account the actions of the parties aimed at voluntary pre-trial settlement of the dispute <*>.

Thus, this decision confirms that regardless of what the cost of repairs was for the seller (manufacturer, supplier, representative, repair organization), the amount of the penalty is calculated based on the cost of the product itself. This is due to the fact that the very fact of warranty repairs confirms the presence of a manufacturing defect in the product, the existence or manifestation of which is in no way related to the actions of the consumer.

At the time this dispute arose, the Law was in force (as amended on October 29, 2015), according to which the maximum period for eliminating deficiencies free of charge could not exceed fourteen days. On December 22, 2021, a new version of the Law came into force, in which clause 1 of Art. 22 has undergone changes. Currently, by written agreement with the consumer, the warranty repair period can be increased, but not more than thirty days. This change is quite reasonable, since not every repair can be completed within 14 days. In some cases, there is a need for additional supplies of various kinds of spare parts, and sometimes in order to carry out high-quality repair work (in which the consumer himself is also interested), the product must be sent to another service center, which may be located in another city , and outside the Republic of Belarus (most often this situation arises when the product is not produced on the territory of the Republic of Belarus).

An agreement to extend warranty repairs must be in writing. It may be in the form of a separate document that the consumer signs when transferring the goods for repair, or the period may be indicated in the warranty card or in the acceptance certificate of the goods. If the terms are indicated in the acceptance certificate, upon acceptance of the goods the consumer must be additionally notified that the warranty repair period has been extended.

In practice, there are cases when the seller (manufacturer, supplier, representative) or, most often, the repair organization itself specifies a period of 30 working days for free elimination of defects. Such a statement is unlawful, since all deadlines specified in the Law are calculated in calendar days. In addition to this, Art. 22 of the Law is mandatory in nature, which does not give the parties the right to increase the warranty repair period.

In the case of warranty repairs on a durable product, the consumer has the right to demand that the manufacturer or seller provide him with a similar product for the period of repair. Such goods must be provided to the consumer for temporary use free of charge. The Government of the Republic of Belarus has approved a List of durable goods that cannot be provided to the consumer during the period of repair (hereinafter referred to as the list), these include cars, motorbikes, furniture, toys, household gas equipment, some electrical appliances, televisions and others <*>.

If the product transferred for free elimination of defects is not included in the specified list, then the seller (manufacturer) is obliged to satisfy the consumer’s request for the provision of a similar product within three days from the date of such request. If the seller (manufacturer) or repair organization (which, on behalf of the seller (manufacturer) can also provide a similar product for the period of repair) refused to provide a similar product or provided it with delay, the consumer, on the basis of clause 1 of Art. 26 of the Law has the right to demand payment of a penalty in the amount of one percent of the price of the goods for each day of delay.

For information: in addition to the penalty for late warranty repairs or for failure (delay in fulfillment) of the consumer’s request to provide him with a similar product during the repair period, the consumer also has the right, at his own discretion, to demand from the seller (manufacturer, supplier, representative) a replacement of the product, a commensurate reduction in the purchase price , reimbursement of expenses for eliminating defects in the goods or termination of the retail purchase and sale agreement and return of funds paid <*>.

These are just some of the problems that a consumer faces when it is necessary to carry out warranty repairs on a product of inadequate quality, but they can also be avoided provided that both the seller (manufacturer, supplier, representative) and the repair organization conscientiously fulfill their obligations.

What to do if you have lost your warranty card and the product is broken

Situations when a product needs to be returned, but there is no warranty card, do not arise so often. Usually, when purchasing a product that is covered by a warranty, buyers try to keep the original packaging, receipts, warranty card and even packaging paper.

The law establishes that in order to return the goods without problems, the buyer must provide the goods in their original condition.

When it becomes necessary to return equipment to the store:

1. The product did not fit. It doesn’t matter what the exact reason is - it didn’t match the color of the interior, it was too noisy, it was inconvenient to use. The reason could be any - the buyer can return the goods within 2 weeks.
   However, stores will not accept used items. This means that if the buyer used the product but did not damage it, it is necessary to wipe the item and return it to its original appearance.
2. The product is broken and requires warranty service. In this case, the buyer has the right to demand the service due to him under the warranty, even if there is no coupon.

In the second case, there are several options when the product will be returned or repaired, and the buyer will be able to receive service without providing a coupon.

Register now and get a free consultation from Specialists

What to do if the guarantee is not filled out

In this case, there is no need to worry. According to the law, if it is not completed and the warranty period is not indicated, the general grounds will apply. Quality claims can be made within 2 years.

Are sellers required to fill it out?

There is no separate law obliging the seller to do this, but besides him, there is also the manufacturer. Most often, the guarantee is included in the package of accompanying documents. When filling it out, indicate:

• complete information about the product;
• date of purchase;
• guarantee period;
• Stamp of the company;
• consultant's details and signature;
• Terms of Service.

Attention! Information about the product may be contained in other documents attached to it, then it may not be included in the warranty.

Is it possible to return a phone under warranty without a receipt and warranty card in 2021?

If the phone is broken and there is no warranty card, then in 2021 you can return it the same way as before. Any evidence of purchasing the product in a specific store is sufficient for the buyer to be served under warranty. It is important to remember that the warranty card is a piece of paper on which service marks are placed, and then they are entered into the database. The presence of a coupon does not affect the service in any way.

If the service center refuses to accept the phone, then you must submit a complaint in writing to the store director. In the complaint, the buyer indicates the reason for contacting the store and indicates what action he would like to take with the product - replace it, repair it at the store’s expense, or return the money.

What is this service

Electronic warranty is a technology that allows you to contact the manufacturer’s authorized service if the device breaks down without presenting a coupon or receipt.
The necessary information is already in the database - you just need to bring the equipment for repair. This type of warranty for a number of devices has been offered by the Russian manufacturer of smartphones and tablets BQ since April 2021.

BQ produces equipment for ultra-budget, budget and mid-price segments. The most affordable smartphone, BQ-4001G Cool, costs 2,590 rubles, and the company’s top model, BQ-6200L Aurora with a dual camera and face unlock, costs 14,990 rubles.

Timofey Melikhov

Technical Director at BQ

We have a pool of proven suppliers of quality components with whom we have been working for many years. They set attractive prices for us, and this allows us to make our products affordable.

How to restore a warranty card

The Law “On the Protection of Consumer Rights” does not operate with such a concept as a “warranty card”. If the seller refuses to accept the goods, the client has the right to contact the prosecutor’s office and legally demand compliance with his rights.

Restoring a warranty card is a non-regulated procedure. The seller must restore the coupon for the goods on his own initiative after the goods have been repaired or replaced with a new one.

If the buyer requests to replace or restore the warranty card, having no complaints about the product and presents a receipt for the purchase, then the seller must comply with his request. Upon application submitted in writing, the client indicates that he has lost the warranty card and asks for it to be restored.

Buyers need to know that the sales contract is between the buyer and the final seller. The presence of a warranty card or its absence are issues that the store must resolve with the supplier (the company that provided the phone, laptop or any other product to the final point of sale).

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Is it possible to exchange a product if the receipt is lost, but there is a warranty card?

Art. 18 of the Law “On the Protection of Consumer Rights” (clause 5) indicates that if the consumer does not have a cash or sales receipt or any other document that confirms the fact of purchasing the goods, then this is not a valid reason for the buyer to refuse his demand .

Art. 19 states that the buyer can make claims against the seller if the product has defects and they are discovered during the warranty period.

Each product has its own marking - serial number, barcode, name. When the store receives the products, it copies all this data into its database. Therefore, for the exchange of goods, it is not even the warranty card that is important, but the presence of a serial number or barcode on the product itself. After checking the data and conducting an examination of the goods, the seller is obliged to help the buyer.

The seller has no right to demand from the client “at least some” document confirming the purchase.

Features of warranty repairs

Before handing over the goods to the workshop, you need to make sure that the repairman records in the receipt:

• the number and nature of visible damage;
• presence of abrasions and scratches;
• a list of items that are transferred along with the goods (batteries, headphones, chargers, lenses, and so on);
• customer complaint (not just “doesn’t work”, but specifically: “The shutter button on the camera doesn’t work” or “There are strange noises in the refrigerator”).

A detailed inventory will ensure that service employees do not cause intentional damage to the device, so that the case does not fall under the warranty category.

In addition, the receipt must indicate the timing of the repair. According to the Consumer Protection Law, repairs must be made immediately. If this is not possible, the client has the right to set his own deadline for returning the goods. Usually 7 days is enough. Read about different return situations here.

If after the expiration of the period the repair is not made, the client can take back the goods and demand monetary compensation from the seller . If repairmen delay and delay the fulfillment of warranty obligations, then for each day of delay you can demand a penalty in the amount of 1% of the price of the goods per day. Lack of spare parts is not a reason to delay repairs.

The client may request a similar product from the workshop during repairs (Article 20 of the Law “On Protection of Consumer Rights”). The application is drawn up in writing and submitted to the workshop specialist against signature.

https://youtu.be/AoBDZEntBDg

If there is no warranty card

Some workshops refuse to accept goods for warranty repairs without a warranty card, or if the coupon, in the opinion of the acceptor, does not correspond to the established sample. It should be noted that the law does not stipulate what a warranty card is and what it should look like.

If the client has a receipt that confirms the purchase of the product, but does not have a coupon - it is lost or it was simply not issued, and the warranty period has not yet expired, then an authorized service or repair shop at the store itself is simply obliged to accept the goods.

So the absence of a warranty card does not give repairmen the right to turn away customers. There is a receipt - there is a service.

If there is no receipt

Warranty repairs without a receipt are more problematic. First you will have to prove that the product was purchased by this particular customer and in this particular store. According to Article 18 of the Law “On the Protection of Consumer Rights,” the buyer’s lack of a document that certifies the fact of purchase of the goods is not a reason for the client’s legal requirements to remain unsatisfied.

You can establish the fact of purchase in many ways:

• based on CCTV footage;
• according to the statement maintained by the seller;
• according to testimony.

In addition, certain information is stored in the product barcode, including information about the manufacturer and seller.

So if the buyer does not have a receipt or warranty card, and the warranty period has not yet expired, then he cannot be refused to fulfill his requirements.

What should a warranty card look like? How to fill it out

The warranty card is a confirmation to the buyer that he will receive the necessary repairs; for the service center - that payment for the work will be made; for the store - confirmation of its reliability and status.

Only the seller (for example, a consultant in a store who made the sale to the end buyer) should fill out the warranty card.

A correctly completed coupon will have several required sections:

• description of the product and its functionality;
• product model;
• serial number;
• date of purchase and sale;
• name of the retail chain and details of the retail store;
• store seal.

All warranty items on both sides (left and right) must be completed.

The form of the coupon itself indicates:

• warranty conditions and how to get repairs;
• options for obtaining technical support;
• conditions under which service repairs will be carried out;
• the order in which repair work will be carried out or replacement will be carried out;
• cases where free repairs are excluded.

The coupon must be filled out in two copies.

Important:

They issue a warranty card not only for the product, but also for the service.

Legislation

Civil Code of the Russian Federation, part 2, art. 469–473, art. 475–477, art. 493.

Law of the Russian Federation dated 02/07/1992 N 2300-1 (as amended on 07/18/2019) “On the protection of consumer rights”, clause 5 of Art. 18, art. 18–19.

Do I need a receipt and warranty for repairs?

At the legislative level, the concept of a “warranty card” is not fixed, and it is not mandatory to present it along with broken equipment. This document is necessary primarily for interaction between the seller and the service center, and not for the buyer. If the coupon is lost, the money must be returned for a defective product or a free repair must be carried out.

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In the absence of a receipt, the law obliges the seller to fulfill the buyer's requirements. It may be difficult to determine when the expiration date begins, as it depends on the date of sale. But this can also be solved.

In most stores, everything is punched using a barcode. Based on the labeling of the product, the consultant will find in the database on what day it was sold. You can confirm the fact and time of purchase with testimony.

On a note! If it is not possible to determine the date of sale, the warranty begins to apply from the date of manufacture (although this is not beneficial to the buyer).

Car warranty card

A car warranty card is an important document. It can be restored if the buyer has lost the document. However, restoring a car license is a painstaking and lengthy procedure, and repairs can cost a significant amount.

If a consumer contacts a dealer, but there is no warranty card, they have no right to refuse service. If the seller refuses, the buyer can fix the breakdown through a third party or at an authorized center. And in accordance with Art. 18 then demand that the seller reimburse the repair costs.

To file a claim, fill out an application and attach a repair certificate, receipts and amount of payment for repair services.