Legislation
Articles 454–505 of the Civil Code establish the general provisions of purchase and sale, including the rules on guarantees. They coincide with the provisions of the PZPP.
The consumer protection law regulates the guarantee in:
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- Art. 5 – deadlines and concepts have been established;
- Art. 18 – list of possible requirements during the warranty period;
- Art. 19, 20 – calculus.
What should the consumer do after discovering a defect?
Let's consider the buyer's algorithm for detecting significant deficiencies and making claims for warranty repairs.
Where to go?
According to paragraph 3 of Art. 18 of the Law “On Protection of Consumer Rights”, the buyer can contact :
- to the seller from whom the household appliances were purchased;
- the manufacturer of the product, information about which is indicated on the packaging or in the instructions;
- to the importer (the company that brought the goods from abroad).
What to prepare?
To simplify the process of returning goods under warranty, you need to have proof of the date and place of purchase. Therefore, before visiting the seller (manufacturer, importer), collect the following documents :
- cash receipt;
- warranty card for the product.
According to paragraph 5 of Article 18 of the PZPP, the absence of any document is not a basis for refusing the buyer warranty repairs.
Drawing up an application
When submitting a product for repair under warranty to eliminate defects, you must fill out a statement indicating:
- information about the retail outlet or manufacturer that accepted the goods;
- personal and contact information of the consumer;
- information about the product and its serial number;
- description of appearance;
- completeness;
- purpose of delivery;
- deficiencies that need to be eliminated;
- date of receipt of the application.
For example, here is the wording of the statement : “On May 16, 2021, I purchased a washing machine from you (model description) worth 27,999 rubles, which is confirmed by a cash receipt (or sales receipt, invoice, bank statement or other document).
On July 16, 2021, during the operation of the product, the following defects were discovered: the water does not heat up during washing and the timer is lost. Thus, the product does not comply with the contract (or sample, purpose, etc.). According to Article 18 of the Law “On Consumer Protection”, I have the right to demand immediate, free of charge elimination of defects in the product.
Based on the above, I demand:
- Eliminate product deficiencies in a timely manner.
- Upon completion of the repair, issue the necessary documentation.
- Provide a product with similar consumer properties during repairs. »
Is an examination necessary and at whose expense is it carried out?
Sometimes the buyer may be refused to return the equipment, allegedly the defect was not the fault of the manufacturer. However, verbal guesses are illegal grounds for refusal . All assumptions must be documented, therefore, to determine the cause of the defect, the seller appoints an examination.
According to clause 5 of Art. 18 of the PZPP, if, based on the results of the inspection, it turns out that the breakdown occurred due to the fault of the consumer, then all financial expenses incurred (including transportation of household appliances to the place of examination) must be compensated by the buyer.
Important ! By law, both the buyer and the seller (manufacturer, importer) have the right to be present during the examination to exclude the possibility of distortion of its results.
If the verification does not satisfy the consumer, then the procedure can be repeated by independent experts. Therefore, after receiving the first conclusion, the results of which did not satisfy the buyer, he has the right to provide the seller with a report on a re-examination conducted at his own expense. This is not necessary, but such manipulation convinces the seller not to take the matter to court.
Warranty repair periods
After the consumer submits an application, the seller, manufacturer or other authorized person is obliged to eliminate the defects of the product within 45 days. However, if repairs cannot be completed within this period, then both parties enter into a written agreement to provide a new period.
In addition, during warranty repairs, at the buyer’s request, the seller must provide within three days a similar serviceable product with the same consumer properties, arranging delivery at his own expense.
What is given for?
The possibility of a warranty for household appliances is established by law and contains a number of features.
IMPORTANT: almost all equipment is a technically complex product to which special requirements apply. The list was approved by Government Decree No. 924 of 2011.
As a general rule, claims cannot be made for such equipment after 15 days from the date of purchase. But the inability to use the item within 30 days of the warranty period is the basis for filing a quality claim after the expiration of 15 days.
It is typical for equipment that the warranty is established both for the main product and its components. Although the calculation procedure is the same, its duration may differ:
- The contract for individual parts can be set less than for the main part.
- It is possible to establish a longer period for component products.
IMPORTANT: the manufacturer or seller may establish an additional obligation in which it fulfills the requirements also after the expiration of the warranty.
What problems can be fixed?
It is possible to eliminate a defect under warranty if it was not specified in the contract or was not agreed upon between the buyer and seller during the sale.
Therefore, before purchasing, carefully read the documents for household appliances. If a defect is recorded in them (for example, a light bulb on an electric kettle does not light), then the defect will not be repaired at the manufacturer’s expense.
Also, breakdowns are not subject to warranty repair if they arose for specific reasons :
- careless operation;
- use of equipment for purposes other than its intended purpose;
- exposure to natural anomalies and the ingress of water or any substances that will affect the proper operation of equipment;
- improper storage and careless transportation.
What is the legal warranty period for household appliances?
It is always calculated in days, months, years. There are no uniform rules in the normative act. Therefore, each seller and manufacturer sets its own warranty period for household appliances.
The PLA is established: in the absence of this period, the seller is responsible for defects in the product if the buyer proves their occurrence (or the reason for their occurrence) before the transfer of the item.
The time interval for filing a claim is a reasonable period (no more than 2 years) from the date of receipt of the product by the buyer. The agreement between the consumer and the seller may establish a different duration, but not less than 2 years.
The law establishes that the duration of the warranty and other data must be contained in the product information. The absence of such information during the warranty period is a violation.
It is necessary to correctly calculate the start period of the warranty:
- The general rule is from the time the buyer receives the item of sale.
- From the moment of manufacture, if the transfer cannot be determined.
- From the delivery date for remote purchase.
- From the moment of start of operation, if installation, connection, assembly was required.
It should be remembered that the warranty period is extended when the equipment is returned for repair by the number of days during which the product was not used. When repairing components or components, the warranty is renewed starting from the beginning.
In what days is the repair period “under warranty” calculated – working days or calendar days?
Article 190 of the Civil Code of the Russian Federation “Determination of the period” states: “The period established by law, other legal acts, transaction or appointed by the court is determined by a calendar date or the expiration of a period of time, which is calculated in years, months, weeks, days or hours.” Also, the stipulated period may be established by indicating an inevitable event.
Based on this explanation, the duration of the warranty repair period is measured in calendar days.
How to use the guarantee
To exercise this right, the consumer must contact the seller. Usually, they first contact you orally, and if there is no response, use a complaint.
It is submitted in writing to the seller. You can send it by mail (registered mail with return receipt requested) or deliver it in person.
The complaint states:
- Name, address of the organization (seller).
- Full name, address, buyer contacts.
- Information about the date and place of conclusion of the contract.
- Information about the purchased equipment (its name, article number, number, brand, price, etc.).
- Detected defect (its location, conditions, time of occurrence, probable cause).
- Consumer requirement.
- Date of filing the claim.
- Signature.
In his claim, the buyer may want:
- product replacement;
- reducing the purchase price;
- free repairs;
- reimbursement of repair costs by the consumer or a third party.
The following must be attached to the application:
- check, receipt, other document certifying the fact of purchase;
- results of the examination (if it was carried out);
- a copy of the contract;
- a copy of the warranty card.
When making claims in a store, the seller inspects the product for defects, a procedure that can be called quality control. To identify defects, the organization can send the equipment to a specialized service center, where it will be thoroughly examined and, if a defect is detected, it will be repaired or declared impossible to repair.
If the broken device is replaced with another product, the warranty period begins again.
Non-warranty cases under the law:
- Violation of rules:
- use;
- storage;
- transportation.
- Acts of third parties.
- Force majeure (fire, hurricane, flood).
When submitting technical devices for repair, you must fill out a special form issued by the store or service center. It states:
- Full name, address, consumer contacts.
- Product data (article, number, etc.).
- Information about the existing defect (as detailed as possible).
- Warranty card.
Electronics return policy
According to current legislation, not all electrical goods of proper quality can be returned to the store. Retail outlets are based on the List of Government Resolution No. 55. Let's list the main positions:
- Video and audio player.
- Gas stove.
- Washing machine and dishwasher.
- Landline phone.
- Camera.
- Wood processing machine.
- Electronic computer technology.
Accordingly, if any defect or defect is not found, the store will reject the return or exchange. There are rare situations when this is possible, but the buyer must be in good standing with the store and be a regular customer. Moreover, the total amount of goods is impressive. In general, stores leave exchanges at their own discretion.
What to do if your washing machine breaks down
When a washing machine under a valid warranty breaks down, you need to contact the seller. If the warranty period has not expired, then he is obliged to find and eliminate the defect. To find out how long this period is, you need to refer to the warranty card. Upon delivery, it is placed in a box with other documents.
When contacting the seller, you need to submit a request for repair of the machine. It is processed in the same way as a claim.
When connecting independently
If the installation of the washing machine at the place of delivery was not carried out by a specialist, then several defects are possible caused by incorrect installation:
- incorrect connection to the water supply;
- problems in the power supply (broken socket, insufficient power).
Therefore, you need to install the washing machine together with a specialist. If, during self-connection, the unit breaks due to consumer actions, then repairs under warranty are possible, but only at your own expense.
IMPORTANT: the seller must prove the buyer’s fault for the breakdown.
Warranty period for the product and additional obligations of the seller
In cases where the manufacturer establishes a certain warranty period for a product, the person selling it (seller) does not have the right to change it. However, the seller has the right to assume additional obligations for service maintenance on a paid or free basis. This is necessarily regulated by a separate agreement and comes into force after the end of the warranty period provided by the manufacturer. Based on the additional obligation drawn up by the seller, the buyer has the right to make demands on the quality of the goods only in accordance with the terms of this agreement.
Arbitrage practice
Decision in case No. 2-188/2018 (Tver region). The consumer purchased a refrigerator, but during operation it stopped working. During the dispute, the buyer made mistakes: he filed a claim after the warranty period had expired; filed his claim not against the central organization, but against a branch that is not a representative.
Therefore, the court partially satisfied the buyer's demands.
Decision in case No. 2-130/2012 (Rostov region). The consumer purchased a refrigerator and went to court, insisting on replacing it, because... thought it was counterfeit. Due to errors, the court refused to satisfy the claims:
- The citizen did not prove that the item purchased was counterfeit.
- The buyer considered that the seller was obliged to install a special socket when installing the refrigerator.
- The loaders' refusal to connect the refrigerator was interpreted as confirmation of the non-working condition of the equipment.
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Poor quality
The situation is different with defective goods . Of course, the store will offer to check and repair it, but if this is not possible, then under the terms of the warranty it is obliged to make an exchange or refund. Let us note the basic rules that should be followed:
- During unpacking and operation, it turned out that the electronics did not work or did not meet the stated technical specifications. Moreover, it may take more than 14 days. The equipment will be sent to a service center for inspection. Large companies usually have their own.
- If the repair or replacement of components under warranty lasts more than 45 days, the buyer can count on a refund or replacement of the product.
- When deficiencies are identified, the buyer is forced to frequently seek service or repair of store-bought electrical goods. Moreover, in total he used it for no more than a month.
- During the inspection or examination, it was revealed that the repair or replacement of components exceeds the price of the product or is not at all advisable.
In most cases, a warranty card, the product itself, and a receipt are sufficient to send for repairs. What can a buyer expect?
Firstly , exchange the product for one similar in technical characteristics, model, manufacturer, or another of your choice, but with an additional fee.
Secondly , a full refund. A fairly common situation, but the store is trying in every possible way to carry out an examination and repair so as not to lose money. In some cases this is advisable, but the buyer has the right to refuse.
Thirdly , a full refund is provided.
Return procedure
Suppose the buyer discovered that the device does not work or a visible defect has been identified.
What are the rules for returning electrical products? Let's figure it out in order. The citizen prepares documents: warranty card, cash or sales receipt, purchase and sale agreement (if available). To be on the safe side, put the electronics in the packaging and go to the store.
Of course, the sooner this is done, the better. Contact the store and explain the situation to any of the employees. If this is possible, then the seller of the device is on site. For example, an iron or a microwave oven. Let us repeat that if an electrical appliance is of proper quality from List No. 55, it will not be possible to return it . If the product works in the store, then you should look for the problem at home. Otherwise, the employee will accept the application in duplicate. One remains with the buyer.
The electrical appliance is packaged and handed over to the employee. He sends it to a service center for examination. Depending on the complexity of the device and workload, the check takes from 10 to 30 days, but no more than 45 days. Otherwise, you can definitely return the full amount of the purchase.
After the examination, a store employee will contact the client by phone and inform him of the solution. If this is a warranty case and it can be repaired, the electrical appliance will be returned to the buyer. A citizen can challenge the results by submitting the product to another service for testing. Of course, he pays for the work himself. An alternative option is to contact Rospotrebnadzor.
IMPORTANT! If the repair deadlines are violated, the buyer has the right to receive monetary compensation. The client writes an application, personally takes it to the store or sends it to the address of the outlet. For each day of delay, 1% of the total amount of the electrical appliance is charged.