What to do if the refrigerator breaks under warranty

From time to time it happens that a refrigerator under warranty breaks down due to a defect beyond the control of the owner, since the equipment was operated in accordance with all rules of use. In many cases, such broken refrigeration equipment is no longer capable of performing its original functions, in which case the store is contacted and reported about the incident. Read on in the material about how to act in situations where a refrigerator is broken under warranty, who to contact, and how to defend your own rights.

Responsibilities of the seller for warranty service

Often, when checking refrigeration equipment at home after purchase, it turns out that the equipment does not work. In such a situation, you need to look for the right way to inform store employees that they sold a broken product.

Attention! Checking the functionality of the refrigerator before paying for the purchase is a mandatory procedure, but, looking forward to using new equipment at home, buyers often forget to check all the functions of the unit for functionality. Despite the fact that according to the regulations, sellers are required to demonstrate the operation of the refrigerator, some employees neglect this duty unless the buyer requests otherwise.

There is no particular difference - whether the fault was discovered during the warranty period or was present initially - the main thing is to inform the store that the equipment they sold does not work as stated until the full expiration of the warranty. There are laws that govern the relationship between buyer and seller when such conflict situations arise. The first step is to contact the company that sold the product that failed during the warranty period. When the customer is right and the breakdown was not his fault, he receives the right to further warranty service. In the event of a faulty refrigerator during the warranty period, the buyer, in accordance with current legislation, has the right to the following:

The buyer has the right to demand replacement of a faulty refrigerator with a similar unit.
When the buyer does not want to replace his own broken unit with equipment from the same manufacturer, considering that the quality of the product will also be unsatisfactory, the amount is recalculated. In such a situation, the refrigerator is replaced with equipment from another manufacturer and the missing part of the money is paid - both on behalf of the store and on the part of the buyer.
It is possible to demand financial compensation in the form of a refund of the discount portion.
The store is obliged to carry out repairs in accordance with warranty service.
When the buyer is not satisfied with any of the options, he has the right to complete the purchase and sale agreement.

Replacing a product with a similar one is possible only in situations where the cost of repairs will be quite large and will not be able to recoup the price of the refrigerator. In any case, when contacting the seller with a request to replace and repair the unit, submit a written application. This paper must be drawn up in two copies - this will prevent fraud. Also, when submitting an application, they require the seal and signature of a representative of the organization that sold the broken product. The claim letter is accompanied by a receipt, product documentation, a photocopy of the passport and an inspection report of the refrigerator by a technician. The second copy of the application must bear the signature of the responsible person and his agreement with the legality of the buyer’s requirements.

When the seller ignores such a statement, the injured party has the right to file a claim in court. The claim must also be drawn up in two copies, one of which is sent to the store that sold the broken equipment. The following documents must also be attached to the application submitted to the court:

sales receipt for purchase;
refrigeration equipment inspection report;
warranty card.

The state fee is also paid at the cash desk; the receipt is attached to the statement of claim.

Making a return under warranty

If the cause of the breakdown was a manufacturing defect, and not the actions of the owner of the equipment, the latter can send it for repair under warranty or, if there is a significant defect, return it to the seller.
To do this, you need to collect all the elements of the device, and then send it to the point of sale (the service company must pay for the shipment).

Additionally, you should file a claim. The paper is drawn up on paper (A4). It indicates the retail outlet in whose name the claim is being made, the applicant’s details, the essence of the problem and describes the consumer’s requirements.

The document is drawn up in two copies. One is given to the seller, the second remains with the buyer.

Important! The signature of the representative of the retail outlet must be affixed to both papers.

Since the seller will want to make sure that the product did not break due to the actions of its owner (that is, that there really is a warranty case), the refrigerator will most likely be sent for an examination, which is also paid for by the seller.

Based on the results of the examination, the product is sent for repair or, in case of a significant deficiency, the purchase price will be returned to the citizen (an exchange for another type of equipment is also possible).

Termination of the refrigerator purchase and sale agreement

In accordance with the Law “On the Protection of Consumer Rights”, the buyer has the right to terminate the purchase and sale agreement. However, this action can only be implemented within two weeks from the date of purchase of the refrigeration equipment. When this opportunity has not yet expired, the consumer has the right to refuse household refrigeration or freezing equipment, even in cases where he is not satisfied with less significant details, for example:

noisy operation of the unit;
the smell that comes from equipment;
the shape of the refrigerator and its color;
volume of energy consumption;
the quality of the functions performed and the operation of the unit.

Attention! A refrigerator is a product from the category of complex equipment and the only condition under which it can be rejected is the identification of malfunctions during operation or the presence of physical defects.

When more than 15 days have passed since the date of purchase, the store in any case has the right to refuse the consumer’s offer to terminate the purchase and sale agreement. In this option, the only option for the buyer is to send the refrigerated cabinet for repairs in accordance with the store’s warranty.

For what reason can I return the TV to the store within 15 days?

It is possible to return the purchase to the retailer within fifteen days if any defects or shortcomings are found in it, provided that they did not arise through the fault of the buyer. Examples of defects may be coating defects, manufacturing defects, malfunction of any element of the device, or other defects that prevent the full use of the device.

In this case, according to paragraph 1 of Art. 18 of the PZPP, the buyer of goods has the right to demand from the seller:

termination of the purchase and sale agreement (SPA) and return of money paid for the TV;
exchanging a TV of a given model for exactly the same one or a TV of a different model, article or brand with recalculation of the price.

According to paragraph 1 of Art. 25 of the Law of the Russian Federation and Resolution No. 55, a television, being a radio-electronic device, is included in the list of goods of proper quality that cannot be exchanged or returned. This device cannot be taken back to the store if the buyer simply does not like its color, shape or configuration.

However, the TV can be returned to the seller in cases where this product:

due to the seller’s failure to provide complete information about it, it does not fit its technical parameters or does not have the required function (Articles 10 and 12 of the PPA);
does not have instructions in Russian (Article 8, paragraph 2 of the Law of the Russian Federation) or it is too short, which does not allow you to obtain complete information about the product and does not make it possible to use its functions in full (Article 10 of the Law of the Law of the Russian Federation).

Conditions for transporting the unit to the seller

Refrigeration equipment is quite heavy and large-sized equipment, which is difficult to independently transport to the store where it was purchased. In this case, they call the organization and report that the unit has failed, and demand that they call a warranty service specialist or loaders and driver. When a repairman arrives, it is advisable to immediately ask to document the need for repairs in the refrigerator’s warranty certificate.

When equipment is taken to a workshop for a long time, the buyer has the right to demand a refrigerator with similar characteristics for free use for the period of repair. In this option, fill out an act of specialized agreement with the supplier of broken equipment. When in the city where the unit was purchased there are no repair shops for such equipment, they do not contact the warranty service, but directly to the manufacturer.

Reference! The issue of delivery is described in Article 18.7 of the Law “On the Protection of Consumer Rights”. It states that when the weight of the goods exceeds 5 kg, delivery must be made at the expense of the seller, regardless of the distance of transportation to the place of repair or return of working equipment back to the consumer.

The right to demand delivery remains with the buyer for the full period of the warranty agreement. The store also has the right to put forward an offer to the consumer regarding the independent transportation of refrigeration equipment. In this option, the store is obliged to fully cover the buyer’s financial costs for transportation.

What did you do and what are your next steps?

The next day, having agreed with a friend, we went to the store. Attaching the warranty card with the purchase receipt to the broken panel, I explained to the gentlemen the situation with the breakdown.

Having accepted the goods, they asked how I wanted to make an exchange, in cash or by product. I agreed to watch TV, which my family had been waiting for so long.

The manager said that the hostess was not there and asked to exchange phone numbers for communication. I didn’t argue; when I arrived home I could only wait. Another vacation has arrived, I thought it was just the right time, it would be easier to be on guard.

A week later, the long-awaited call and I’m in the store. They took me into a small booth for such matters and after a couple of minutes I met the owner of the salon.

During the agonizing days of waiting, I independently drew knowledge from the Internet. In my case, I was completely confident in my family’s innocence in the TV breakdown.

Madame began to explain that they would wait to replace the TV until they found out the reason. What if it's their own fault? She referred to the pampering of our children and our carelessness. We’ll take you to the city to a specialist for a check, they’ll conduct their own analysis, this will take at least two weeks, wait.

According to the store owner, I did not fall under these requirements, I stood with my mouth open and could not object to anything. The lady's verdict is in, all that remains is to wait again, content with the old TV box.

Twenty days passed, I was again on the carpet, where I was stunned by a verdict not in my favor. They say that we ourselves are to blame for the breakdown of the TV. They show me the inspection report (repair report) they brought from the specialist, not forgetting to casually mention that they would replace the screen at their own expense.

Half the price of a TV! Will it be lean, gentlemen?

Here, the lion began to awaken in me, I was absolutely sure that there was no fault on our part, that we had inherited a real marriage and we had to fight to the end. I am writing a complaint about disagreement with local diagnostics and seeking an independent examination in my presence or an authorized representative.

I was warned that all expenses would be at my expense if it were not in my favor. Yes, for my family the amount is not small, but I understand that they are pressuring me with money to give back.

Expert Result

On the appointed day, the examination was on my side and they failed to screw me.

Madness is easier to bear than such reality.

The nuts and screws inside the TV were not foreign in any way and were different from the brand of the product. The expert announced that the imports did not meet technical requirements and were very likely assembled clandestinely.

The manager approached, either at the direction of the madam, or maybe he himself expressed a desire, asked to hush up the matter. They probably thought that in my indignation I would go further to seek justice.

Let me summarize:

The entire amount of expenses (about 30 thousand) for a false verdict was pinned on the specialist with the first examination report, so they told me
Two and a half months of wasted nerves, ruined vacation

I received the long-awaited TV with an apology, victory is mine, I’m happy. (They probably didn’t, but they didn’t show it)

Repair at the store's expense

In situations where a malfunction of a refrigerator under warranty service has been identified, the buyer is legally obligated to make demands for repairs in the direction of:

Individual entrepreneur or company that performed the delivery;
equipment distributor;
to the manufacturer of the unit.

But sometimes the store does not provide a warranty on refrigerators. However, in accordance with Law No. 2300-1 19.1, repairs must be carried out within two years from the date of purchase of the equipment. When a period exceeding two years has expired, the consumer has the right to make his own claims only in cases where the breakdown occurred before the equipment was transferred to the buyer for use.

An appeal to the supplier may be justified by claims related to breakdowns of the components of the refrigeration cabinet, for example:

light bulbs;
gratings;
shelves;
containers and the like.

But such a claim is valid only in cases where the defect was present even before the goods were handed over to the consumer. The warranty period is the same, unless otherwise specified in the documentation for the refrigeration equipment.

The period of repair work in accordance with the provisions of the law should not be longer than 45 days. When an organization attempts to increase this period, citing the lack of necessary parts, the buyer has the right to reject the extension proposal, since such a development of events is not a reason for increasing the duration of repairs.

Attention! In accordance with Article 19.6 of Law No. 2300-1, when repairs were not carried out within the established 20-day period, the consumer has the right to put forward a proposal to return the funds to him or return the unit back.

Blue screen failure

Three months have passed since the date of purchase. One day, having come home from work and having completed the manipulations with a snack, we sat down to watch I don’t remember what.

Under what hypnosis were we sold this TV? Wasn't everyone in cahoots? I still don't have an answer.

Twenty minutes passed. Suddenly there was a noise like a cracking ice floe. From the upper corner of the right side of the panel, a snake-like strip appeared on half the screen. First of all, I quickly turn off the TV from the outlet, and then for about five minutes I come to my senses. Everyone has arrived! I turn on my brain, and what was it, power outages or a poltergeist?

Sitting by the cracked plasma screen, I didn’t know what to do in such a situation. There was one consolation: the broken TV had a guarantee. I urgently decide to take the device back, but while they find out the cause of the breakdown, they must replace it with another one.

The essence of the note is to convey to readers through your own example, when in many cases the seller pulls the blanket over himself.

Replacement of the refrigerator during the repair period under warranty

In situations where the organization has provided consent for the maintenance and support of manufactured equipment that has deficiencies, the buyer has the right to request a similar unit during repairs. This refrigerator must have the same characteristics as the faulty unit sent for warranty repair. The store is obliged to satisfy the buyer’s request within three working days. Payment for the delivery and placement of the refrigerated cabinet is carried out at the expense of the organization’s funds.

Attention! In relation to durable goods, the manufacturer, seller or authorized organization or authorized individual entrepreneur is obliged, upon presentation by the consumer of the specified requirement, within three days, to provide the consumer free of charge for the repair period with a durable product that has the same basic consumer properties, ensuring delivery at his own expense. The list of durable goods to which this requirement does not apply is established by the Government of the Russian Federation. P 2 Art. 20 of the Law on Consumer Protection...

Based on the above, the consumer has the right to demand temporary compensation not only for the refrigerator, but also for virtually any other goods whose warranty period has not expired. This makes the described law more tailored to the needs of customers and prevents situations of deliberate sale of faulty equipment by unscrupulous stores.

The seller refuses to honor the warranty

The store sometimes refuses warranty service due to lack of funds for repairs, an agreement with the manufacturer, or citing another reason. In this option, the buyer has the right to return his own financial resources that were spent on the purchase of a refrigerated cabinet. After writing an application demanding a refund of monetary compensation, the store is obliged to complete this action within the next 10 days.

In addition to the option of refusing service under warranty, the seller is also able to appoint an examination, which is required to identify the exact cause of the malfunction and defect of the unit. When a breakdown occurred due to the actions of the consumer, no repairs, refunds or exchanges for other equipment will occur. When the blame is shifted to other parties - the transport company, supplier or manufacturer, the store is obliged to perform a full range of repair services.

Know! If the defects of the product are eliminated, the warranty period for it is extended for the period during which the product was not used. The specified period is calculated from the day the consumer applies with a request to eliminate defects in the product until the day it is issued upon completion of the repair. When issuing the goods, the manufacturer (seller, authorized organization or authorized individual entrepreneur, importer) is obliged to provide the consumer in writing with information about the date of the consumer’s request to eliminate the defects discovered by him in the product, the date of transfer of the goods by the consumer to eliminate the defects of the product, the date of elimination of the defects the goods with their description, the spare parts used (parts, materials) and the date of delivery of the goods to the consumer upon completion of the elimination of the defects of the goods. P 3 Article 120 of the Law on Protection of Consumer Rights...

When a store refuses to carry out any work, they file a lawsuit. In most cases, when the truth is on the consumer’s side, the law protects the buyer’s rights.

Results

The overwhelming majority of stores are trying in some way to mislead the buyer and not fulfill their warranty obligations for broken refrigerators and other equipment. To prevent violation of consumer rights, the buyer must know how to protect his own interests and take a responsible approach to the process of purchasing expensive goods and household appliances.

Many of the articles of the law “On the Protection of Consumer Rights” are primarily aimed at high-quality execution and provision of services by the store and sellers. When such conditions are not met, the consumer has the right to submit appeals to the relevant authorities or judicial authorities with claims regarding the quality of the services provided.

Video: repair under warranty, our rights

WARRANTY REPAIRS, REPAIRS UNDER WARRANTY, OUR RIGHTS

Watch this video on YouTube

Sources:

https://www.consultant.ru/document/cons_doc_LAW_305/c771be122fddbc6e3087cbf43aa39a85a960a296/

https://vyborprava.com/prava/tovar/chto-delat-esli-slomalsya-holodilnik-na-garantii.html

https://prava.expert/zpp/garantii/holodilnik-slomalsya.html

https://vyborprava.com/prava/tovar/chto-delat-esli-slomalsya-holodilnik-na-garantii.html

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