Phone warranty under consumer protection law

The warranty on the phone is valid for a strictly limited time, its duration is determined by the legislative norms of the Russian Federation.

It is difficult for a modern person to imagine life without a mobile phone. This gadget allows you to always be in touch, take photos and videos in any mode, easily access the Internet, manage accounts online and has many other useful functions.

Mobile phones have a mandatory warranty period, which allows the consumer to return them to the store or have free service or repair of faults that are of factory origin.

Warranty period - definition by law

According to Art. 470 of the Civil Code of the Russian Federation, the seller undertakes to transfer to the buyer goods that meet the requirements specified in the sales contract.

During a certain period, designated by the warranty, in case of detection of defects in the product, the seller undertakes to satisfy the buyer’s requirements established by Art. 18 and art. 29 ZoPP.

Who installs

The warranty period is determined by the manufacturer, seller or legislation. Information about the period of time during which the buyer can make claims regarding the quality of goods is communicated to him without fail.

How much is

The warranty period depends on the type of product and manufacturer, for phones it is usually 1 year. If the warranty period is not established, the consumer has the right to make claims within 2 years from the date of receipt of the goods (clause 2, part 1, article 19 of the Law of the Russian Federation).

It is important to take into account that the calculation of the warranty period begins only after the phone falls into the hands of the buyer (clause 2, part 2, article 19 of the RPP). For example, if you purchased a phone from an online store and it is sent to you by mail, the calculation begins not from the date indicated on the receipt, but from the day the parcel was received.

Buyer's rights under warranty

During the warranty period, the seller is responsible for the quality of the product, so you can make claims in case of any defects.

Free repair

This is the most common way to resolve a conflict if a phone breaks under warranty. The seller accepts the gadget, inspects it, and sends it for free repair.

Exchange

It is possible to exchange the phone for the same or another model with a recalculation of the cost if repair is impossible or a repeated breakdown occurs (Part 1, Part 18 of the Law on Regulations). This is beneficial, for example, when a lot of time has passed after the purchase and a new phone model has been released.

A refund

If the phone cannot be repaired or it breaks down again after being restored, instead of exchanging it, you can simply return the phone to the store and get back the money you paid. In this case, you can receive the amount in full or in part, depending on the specific situation.

Return of goods within 14 days under consumer protection law

Which court should I go to for consumer protection?

Terms and conditions of exchange

How to exchange an iPhone for a new one under warranty, how long will it take? According to the law of the Russian Federation, the store can resolve the issue regarding your problem within 45 calendar days, so if you have the opportunity to visit the Apple OSC yourself, then it is better to do just that. At least you'll spend less time on it.

The store can provide you with a replacement iPhone. By law, the seller is obliged to provide a device that has characteristics similar to those submitted for repair. Namely: the presence of a call function, sending SMS messages, operating system (since it is a smartphone). But don’t expect that they will give you exactly the same gadget for temporary use. At best, you will get the most budget smartphone model on Android; at worst, a push-button dialer. The second option, of course, can be challenged and achieve a smartphone, albeit a budget one. Moreover, if you break or render unusable the device that was given to you as a replacement, you will have to pay its cost, taking into account actual wear and tear.

If the seller violated the terms of warranty repair (exchange) allotted to him, then the client has the right to demand compensation.

Features of warranty repairs

If the store accepted the phone for repair, it must give the buyer another one for the period of restoration work (Part 2 of Article 20 of the Law of the Russian Federation).

It is important to consider that this is done only at the request of the consumer and within 3 days after the request.

Deadlines

According to Part 1 of Art. 20 of the Law on Regulations, the time allotted to eliminate the malfunction is determined by the parties and recorded in writing. The maximum period for repairs is 45 days, but it can be increased if necessary and strictly by agreement with the buyer.

It is important to take into account that the lack of spare parts, parts for repairs and other similar reasons are not grounds for providing additional time and do not relieve liability for violation of established deadlines.

Guarantees

When accepting a phone for repair, the seller undertakes to return the product to the buyer in good condition.

The calculation of the warranty period for the period of restoration work is stopped and resumed from the moment the repaired gadget is handed over to the consumer (Part 3 of Article 10 of the Law of the Russian Federation). To comply with this requirement, the store provides the buyer with written information about the date:

• requesting troubleshooting;
• handing over the phone for repair;
• elimination of defects with a description of the work performed and parts replaced;
• issuing a working phone to the buyer.

According to Part 4 of Art. 20 of the ZoPP, if new parts and components were used for repairs, a new warranty period of the same duration is established for them. If the parts and components were simply repaired, the warranty period is renewed from the moment the goods are delivered to the buyer.

Apple Warranty Service

Apple offers a full annual warranty service for all iPhone owners, and the manufacturer does not distinguish between new and refurbished products (for RosTest devices - 2 years).

The start of the warranty is the date of activation of the gadget. You can find it out using specialized Internet resources or on the official website. To do this, just open the warranty confirmation section and enter the serial number of the device or imei. This data can be found in the device settings or on the box in which the gadget was delivered.

After entering the serial number into the program, all the necessary information will be provided, including information about the warranty period for the device. The company itself does not repair defective phones received by customers, so if all conditions are met, the iPhone will be replaced under warranty with a new one. Of course, phones that arrived at the company with minor defects are then restored and put back on sale with “like new” status.

If your phone breaks after repair

When the goods are issued, a document is issued that contains not only information about the work performed, but also the period during which the service center is responsible for the quality of the service provided. Typically this warranty period is 7-10 days.

If the phone breaks down again during this period, a claim is submitted to the service center for poor quality service provided. If the defect appears later - to the seller for low-quality goods.

If you did not hand over the phone directly to the service, but acted through the store, the claim is in any case sent to the seller.

Landfill and phone are incompatible

Let's disassemble the phone for parts and find out how much harm it will cause if it ends up in a landfill:

1. Frame. Consists of metal or plastic. The decomposition period of metal is up to 10 years. Plastic is a non-degradable substance. When plastic parts burn, dioxins are released into the atmosphere - carcinogens that have an extremely negative impact on human health.
2. Rubber buttons. When burned, rubber releases toxic gases that pollute the atmosphere.
3. Glass. This material can only turn into sand after a few centuries.
4. Accumulator battery. This phone part contains a huge amount of toxic substances:
   alkali,
5. lithium,
6. lead,
7. mercury, etc.

Every mobile phone thoughtlessly thrown into the trash bin is slowly but surely destroying our ecology.
Given the size of the planet's population and the ubiquity of cellular communications, the associated risks are very real.

What defects are covered under warranty?

The law does not establish an exact list of warranty cases, but recognizes that these include all significant deficiencies in compliance with operating rules. This means that free repair is possible if the consumer did not interfere with the software, did not create mechanical damage in the form of chips and cracks, liquid did not get into the phone, etc.

Examples of warranty cases:

• swelling of the battery;
• lack of charging;
• spontaneous shutdown or reboot;
• phone functions not working, etc.

At the same time, applying for warranty repairs is possible even in the absence of a sales receipt (clause 5 of Article 18 of the Law of the Russian Federation) or when purchasing a phone in another city.

It is important to consider that the presence of signs of natural wear and tear (minor scratches, abrasion, etc.) is not a basis for refusing repairs due to improper use.

Procedure for handing over a phone under warranty

When handing over a phone under warranty to a store, a standard paperwork procedure is carried out.

Submitting an application

The fact of delivery of the goods is recorded by a statement, which is drawn up in free form. You can fill it out yourself by indicating:

• store details;
• applicant details;
• information about the phone: date of purchase, technical specifications;
• essence of the problem: description of the malfunction;
• requirement for free elimination of defects within the framework of warranty obligations;
• date and signature.

The application is drawn up in 2 copies, one remains with the seller, the other with the buyer. It can be submitted personally to a store employee, but with the obligatory affixing of an acceptance stamp. You can also send the document by registered mail with notification of acceptance.

You can come to large stores with a verbal notification of your desire to return the phone for repair. The employee will prepare the document and give it to you to sign.

Sample application

Inspection

Before accepting the phone for repair, the seller carefully inspects it for mechanical damage. For example, he will refuse to accept it if the screen is broken or you drown the phone.

If the results of the inspection do not reveal the fact of improper operation, the seller will draw up an acceptance certificate, which will indicate the technical characteristics of the phone and your complaints regarding its operation.

Repair and return of a working phone

After restoration work, the phone is returned to the buyer with a receipt and warranty. If for some reason the gadget cannot be repaired, an exchange or refund is issued.

This is interesting

There are loopholes in our legislation that will allow you to change your iPhone to a new one, even if it is technically sound. Implementing this return (exchange) is quite difficult; the procedure is carried out through litigation.

The reason for such a claim and such demands may be as follows:

• the manufacturer or seller hid any important relevant characteristics of the device from the consumer;
• the device was delivered to Russia illegally, and this fact was also hidden from the buyer;
• The device was sold under the guise of a new model, but in reality it was refurbished or used, which the buyer was not informed about.

It is very difficult to prove the fact of deception, but there are precedents for the reimbursement of funds or exchanges for new devices by court decision.

The application process is as follows. First, a claim is filed with the company that sold you the device. If your demands are not satisfied, then the seller is obliged to draw up a written refusal of the claim. With this document you go to court and draw up a statement of claim.

If your case does not meet the warranty criteria, Apple may offer you to return your device through a recycling program. In this case, you need to correctly assess the situation. Choose a more profitable option. It may be enough to do some minor repairs and your device will come back to life again.

There is another interesting fact. Apple accepts defective devices, and some of them are being re-released. If there is a minor defect, the device is repaired and a new case and display are installed. Such devices go on sale already with the “refurbished” status and have the same one-year warranty.

If the seller refuses to accept the phone under warranty

Despite the consumer’s legal right to warranty repairs, sellers are not always willing to meet them halfway. Therefore, it is important to know what to do if a store refuses to accept a faulty phone.

Pre-trial claim

If the seller does not want to accept the phone for repair, a pre-trial claim is filed, which is also drawn up in free form.

It is necessary to indicate in the document the same data as in the application, and also add information that the seller refuses to accept the phone under warranty, in accordance with Art. 25 of the Law of the Russian Federation and a warning about subsequent recourse to court if it is impossible to resolve the dispute in a pre-trial manner.

Sample claim

The waiting period for a response to a claim is 30 days from the date of its receipt by the seller.

Complaint to Rospotrebnadzor

Before going to court, you can file a complaint with Rospotrebnadzor about violation of consumer rights. It can be sent by mail or in person, or issued online on the official website of the supervisory authority.

It is important to consider that in the latter case, the appeal is submitted to the central authority and will be forwarded to the territorial office. Since this requires additional time, it is better to immediately contact Rospotrebnadzor in your region.

The period for consideration of the complaint is 30 days from the date of registration of the complaint. If the answer to the application is negative, file a claim.

It should also be taken into account that contacting Rospotrebnadzor is not a mandatory stage of a dispute with the seller and significantly increases the time for resolving the conflict. Therefore, it is better to immediately file a claim in court at the place where the store is registered.

Going to court

The statement of claim is written in accordance with the requirements of Art. 131 Code of Civil Procedure of the Russian Federation indicating:

• details of the judicial authority;
• information about the parties;
• circumstances of the case: a detailed description of the dispute with the store and the seller’s refusal to satisfy pre-trial claims;
• the essence of the requirements, for example, in addition to collecting the cost of the phone from the seller, paying a penalty for late fulfillment of requirements and a fine;
• list of attached documents;
• dates and signatures.

Sample claim

The claim can be filed in person or also sent by registered mail. You need to attach to it:

• copy of passport;
• documents for the phone: receipt, warranty card;
• copies of the application and claim.

Non-warranty cases

Is it possible to replace an iPhone under warranty if, for example, you dropped the device and it stopped turning on? Anything related to careless use of the device and violation of operating rules, which led to breakdown, is a non-warranty case.

Confirmation of non-warranty status also takes place at the company's official service center. The most obvious signs that the device is out of warranty are the following:

1. The moisture indicator is colored red. This indicates that liquid has gotten inside.
2. There are cracks on the display and serious dents on the case. Such signs may indicate that there have been serious falls.
3. A hacked device is also out of warranty (if JailBreak is done).
4. If the device is externally intact and the moisture indicator is white, but there are oxides on the board, it means there was moisture inside.
5. If the iPhone 7 or X fails due to water getting inside the case, then a more thorough examination is carried out.

In some isolated cases, recessed waterproof models are replaced with new ones. This was mainly encountered by owners of uncleared iPhones that do not have the RostTest designation and are intended for sale in other countries. Despite this, the devices have the same official guarantee and more favorable reception conditions.

When is an examination scheduled?

An examination is carried out when the seller and buyer cannot agree on the cause of the defect (clause 3, part 5, article 1 of the Law of the Russian Federation). In this case, the seller, at his own expense, organizes an inspection of the goods with mandatory notification of the consumer about the place and time of its conduct.

The examination is carried out by an independent organization that has the appropriate license and accreditation.

If, according to the results of the inspection, the defect arose due to the fault of the buyer, the latter is obliged to reimburse the costs to the store. In case of disagreement with the results of the examination, they are challenged in court.

Also, the buyer can independently order an examination at his own expense, but is also obliged to notify the store about the date and time of its conduct. If the presence of a manufacturing defect is proven, the costs of inspection will be reimbursed by the seller.

Legitimate reasons for refusal to repair under warranty

A legal basis for refusing to accept a faulty phone into a store is:

• expiration of the warranty period;
• mechanical impact on the phone;
• improper operation;
• improper use.

In all these cases, except for the first reason, the reason must be proven by examination. Therefore, if you are sure that the phone broke through no fault of yours, be sure to request an examination if the seller refuses to accept the goods.

Battery disposal

Special enterprises are engaged in recycling telephone batteries. All recycling work takes place in several stages:

1. The battery is opened and all contents are removed.
2. Aluminum and copper parts are sent for recycling.
3. All substances that can be reused are carefully selected and sent to specialized enterprises.
4. The plastic body is finely crushed and melted down.

80% of the materials from a phone battery are recycled.

1 ton of mobile phones contains more than 200 grams of gold. Only 3% of the population returns their old phones to collection points.

Additional warranty from the store - what is it and why is it needed?

Often, when purchasing a phone, the buyer is offered an additional paid warranty, which increases the warranty period and expands the list of possibilities for free repairs.

Service under such a warranty is provided by the store or specific service center with which the seller cooperates. Typically, an additional warranty does not provide for a refund or exchange; it is focused only on repairs.

The main advantage of a warranty from a store is that they will accept the phone even if it is broken due to the buyer’s fault, for example, they will replace a cracked screen for free.

Arbitrage practice

Judicial practice on telephone warranty issues shows that the court is more often on the side of consumers.

For example, in case No. 2-308/2017. The Leninsky District Court of Komsomolsk-on-Amur, Khabarovsk Territory, decided to satisfy the claims of the plaintiff, who during the warranty period developed a malfunction - the absence of a cellular signal. After returning the phone to the store, a conclusion was received that the software had been replaced and that the gadget was working properly, but the problem of no signal remained. The plaintiff's pre-trial claims were also denied.

To prove the validity of his claims, the plaintiff submitted the phone for an independent examination, which revealed damage to the central board, but the store refused to admit the presence of a manufacturing defect.

Based on the results of the consideration of the case, the court decided to recover from the defendant in favor of the plaintiff:

• phone cost;
• examination costs;
• penalty for delay in fulfilling consumer requirements;
• fine.

The procedure for exchanging a low-quality iPhone for a new one

How to return an iPhone under warranty? For warranty issues, you must contact the selling company, exactly at the point of sale where the phone was purchased. If you bought the device in another city, you can contact the nearest branch of the company that is located.

If you have such an opportunity, you can immediately take the gadget to an authorized Apple service center. There are more than 20 of them in Russia. This is relevant for those who live in large cities. There are service centers in Moscow, St. Petersburg, Yekaterinburg, Novgorod, Chelyabinsk, Rostov-on-Don, Ufa, Tyumen, etc. Where can I change my iPhone under warranty in Moscow?

The addresses are given below:

1. Central office - Moscow, metro station "Kolomenskaya", st. Academician Millionshchikova 7, building 2.
2. Branch - Moscow, metro station "Altufyevo", st. Leskova 10v.

Employees of the service center or customer service department in the store will accept the faulty device for diagnostics (the seller will send it to the nearest Apple representative office). Any type of manipulation with the device is carried out only by the OSC (official service center). Diagnostic measures carried out on high-tech equipment will identify the cause of the malfunction. If the defect is due to a manufacturing defect, then the iPhone is sent to the Apple factory, and the client is provided with a new, non-activated device.

Lawyer's answers to private questions

I bought a phone, but it runs out of charge very quickly. Does the phone's warranty cover the battery?

The warranty is issued for the phone with all parts and components, unless otherwise specified in the contract. But, depending on the store, there may be a separate warranty for the phone and the battery; there is also an option when the warranty is only for the gadget without the battery. A prerequisite is that all features must be indicated in writing.

The phone broke after warranty repair. After receiving the device in my hands, I threw away the receipt. Can I send my phone back for repairs?

According to Part 5 of Art. 18 of the GDPR, the absence of a cash receipt is not a reason for the seller to refuse to accept the goods. But if the phone breaks down again after repair, this is grounds for filing a claim for an exchange of the device or a refund.

I bought the phone 7 months ago, it is still under warranty. I want to sell it. Please tell me, can the buyer return the device for warranty repairs without me if necessary?

If you give him all the documents for the phone, then yes, since along with the gadget he also acquires the rights to its warranty.

I purchased a phone in September 2021 that stopped working in July 2021. I sent it in for repair under warranty and after 3.5 weeks they sent me a new device. Now it's broken, can I return it for repair under warranty as a new phone or is only the old warranty valid?

After you receive your new device, the warranty period begins to count again, so you can still give your phone for free repair.

I bought a Samsung A31 7 months ago, now its power button does not work. Will the phone be covered under a free warranty if I lost the headphones that came with it?

Losing headphones is not a reason to refuse to accept your phone for repair, so write a statement to the store. Prepare documents confirming the purchase, such as a sales receipt and warranty card.

How to change an iPhone if it is not intended for sale in Russia?

It happens that a person bought his device while traveling abroad, and when a problem arises, the question immediately arises: “Where should I go for a warranty?” Sometimes a gadget intended for sale in another country can be bought in Russia. This can happen if a batch of iPhones was brought into the country illegally, and the devices did not pass customs control and appropriate certification. They are also called “gray” iPhones. The cost of such devices is an order of magnitude lower than new ones, so they are highly popular and in demand.

Depending on the country for which the device was intended, there may be different warranty conditions. Models with a warranty in Russia:

• iPhone 5S - A1457.
• iPhone 5C - A1507.
• iPhone SE - A1723.
• iPhone 6 - model A1586 and A1589.
• iPhone 6 Plus - model A1524 and A1593.
• iPhone 6S - A1688.
• iPhone 6S Plus - A1687.
• iPhone 7 - A1778.
• iPhone 7 Plus - A1784.
• iPhone 8 - A1905.
• iPhone 8 Plus - A1897.
• iPhone X - A1901.

The marking is indicated on the body of the device, on the box. You can contact the OSC or the seller directly regarding warranty issues. The warranty period for Europeans is 1 year. The entire exchange procedure will be exactly the same as in the case of the new RosTest device.