Product warranty period in 2021: when does it begin, how to determine the beginning and end

Author

Sergey Ershov

Registration number in the register of lawyers of St. Petersburg – 78/5563

We made a long-awaited purchase, and a month later the item broke down. Agree, this is not a very pleasant situation. However, in this case, the manufacturer may establish a warranty on the product. I will tell you what the warranty period of a product is, from what moment it begins, how to use it and defend your rights if the seller refuses to return you.

What is meant by warranty period

The warranty period is understood as the period during which, if a defect is identified in the purchased product, you can make demands regarding the quality of the product to the manufacturer (performer), seller (authorized organization/individual entrepreneur, importer), and the latter must satisfy them - clause 6 of Art. 5 No. 2300-1 Law of the Russian Federation.

As a rule, such a period is established for durable non-food products. For example, for household appliances, vehicles, clothing, etc.

The warranty period can be set to:

Main product.
Its components.
Components of the main product.

This period may be calculated:

Time parameters - days/months/years.
Warranty period (depending on the period of use and/or intensity of operation of the product) - for example, a 3-year warranty or 100,000 km of mileage (for vehicles)/number of operational repetitions, etc.

In practice, the first guarantee option is most often used. In this case, the duration of the warranty period can be any; the law does not limit it.

In addition to the warranty period, there are also:

The warranty period for a product/product is the maximum possible operating time of the product.
The shelf life of products/products that tend to lose the necessary qualities during storage is the time interval during which the manufacturer guarantees the safety of the product, the preservation of its consumer properties and the unchanged performance characteristics.
The shelf life of goods is the time period after which the product is considered unfit for consumption.
Service life is the time interval during which the manufacturer provides the buyer with the opportunity to use the item for its intended purpose and is responsible for any significant deficiencies found.

See also: Car warranty by law in 2021 - what it includes and what to do if consumer rights are violated

What nuances should you know about the warranty?

When returning a product during the warranty period, please be aware of the following:

If the product was under warranty repair, the warranty period is extended for such a period - clause 3 of Art. 20 No. 2300-1 Law of the Russian Federation.
When replacing a faulty product with a new one, the period begins again - clause 2 of Art. 21 No. 2300-1 Law of the Russian Federation.
Equal warranty periods are established for the main product and its components, and a uniform procedure for calculating them is applied, unless otherwise provided by the contract - clause 3 of Art. 19 No. 2300-1 Law of the Russian Federation.
When a contract establishes a warranty of shorter duration for components and components of a product than for the main product, claims can be made during the period of the main product, unless otherwise provided by the contract. If the duration is longer than for the main product, you should be guided by the longer one.
Replacement of goods under warranty must be made by the seller within 7 days from the date of presentation of the specified requirement. If product quality control is required, within 20 days. If the seller does not have a suitable replacement, the period may be extended to 30 days - Art. 21 No. 2300-1 Law of the Russian Federation.

Who sets the warranty period?

Such a period may be established - Art. 5 No. 2300-1 Law of the Russian Federation:

Manufacturer.
Seller.

The retail outlet does not have the right to reduce the warranty period established by the manufacturer, but can only extend it.

If the manufacturer does not set such a period or the seller decides to increase it in addition to the manufacturer’s warranty (I’ll talk about this later), the retail outlet issues its own obligation. However, if the seller withdraws the manufacturer’s warranty card and replaces it with his own document, this is illegal.

Let me give you an example. The manufacturer has a 3-year warranty on the refrigerator. The seller gives the buyer his warranty card for a period of 1 year (instead of the manufacturer’s document) and invites him to buy an additional warranty for another 2 years. Such actions of the seller are nothing more than deceiving the consumer and providing false information about the product.

Where can the warranty period be specified?

You can find out information about the warranty at:

Warranty card.
Agreement.
Service/warranty book.
Technical documentation for the product.

Is the warranty extended after warranty repairs?

The PLA establishes that after repair the warranty is extended by the number of days the product was not used.

This period is calculated from the moment the consumer contacts us until the day the repaired product is delivered to him.

After completion of the repair, the organization issues written information about the dates:

appeals;
transfers to eliminate inadequate quality;
elimination;
issuing a repaired product.

The warranty period for components and components after repair is renewed, calculated from the moment of receipt of the goods.

What types of guarantee are there?

There are two types of guarantee - Art. 470 Civil Code of the Russian Federation:

Legal (mandatory) - guarantees, at the time of transfer of the product to the consumer, that the product has no defects that affect its value reduction/suitability for the purposes for which it is usually used within a reasonable period.
Contractual - provision by the manufacturer/seller of a guarantee of the quality of the goods during a certain time interval established by the contract.

What is an additional product warranty?

In addition to the main guarantee when purchasing a product, the seller may offer you an additional guarantee. Next I’ll tell you what it is.

An additional guarantee is the same guarantee of the manufacturer/seller, according to which they assume an additional obligation in relation to defects in the product discovered after the end of the warranty period established by the manufacturer (clause 6 and clause 7 of Article 5 No. 2300-1 of the Law of the Russian Federation) .

This guarantee is also called an additional service certificate. This service is paid. It provides free repair of the product in service centers if manufacturing defects/other breakdowns are detected. In this case, the choice of service lies with the seller.

What to look for when purchasing an additional warranty

Please read the terms and conditions of the certificate carefully:

The start and end dates of its validity, since it may coincide with the warranty established by the manufacturer/seller.
The volume and nature of the warranty obligations (usually indicated in the warranty card) and the obligations assumed by the contractor under the additional warranty. Compensatory obligations may duplicate gratuitous ones (which must be provided to the consumer free of charge).

Please note that large companies that provide such guarantees only accept equipment for repair if the cause of the breakdown is a manufacturing defect.

If you are convinced to purchase an additional warranty in case of breakdowns resulting from, for example, a voltage drop in the network/your careless actions, etc., most likely the repair will be carried out at an unauthorized service center.

Important! If you do not use it during the validity period of the additional warranty, you will not be able to get the money paid for it back.

What does the product warranty provide?

The warranty determines the limits of the seller’s liability when selling a low-quality product.
The presence of a warranty period allows the consumer to purchase not only truly high-quality products, but also to count on the elimination of defects that appeared during operation, which were not specified during the sale at the expense of the manufacturer/seller.

So, if the product turns out to be of inadequate quality (with the exception of a technically complex product), you can demand - Art. 18 No. 2300-1 Law of the Russian Federation:

Price reductions.
Replacement of a product with a similar/different brand (with recalculation of its cost).
Repair/reimbursement of expenses incurred to eliminate the defect.
Refund.

As for complex technical products, if defects are found in them, you also have the right to count on a refund of the money paid or a replacement, but claims must be submitted within 15 days. If this period has expired, you can first request only repairs.

However, a refund beyond 15 days is still possible if:

The defect turns out to be irreparable/the seller refused to repair you.
The repair period under warranty was violated (45 days).
The product was repaired for a total of more than 30 days during each warranty year.

Please note that the manufacturer has the right to establish conditions for providing a warranty for the product. Thus, the consumer must comply with the operating conditions and use the product in accordance with its purpose and instructions. For example, the owner of a vehicle must undergo regular maintenance.

See also: How to return your phone under warranty in 2021 - 5 simple steps

What is guaranteed to the consumer when purchasing a product?

During the warranty period after the seller transfers the product to the buyer, it must - Art. 469 Civil Code of the Russian Federation:

Comply with the description set out in the sales contract/sample.
Suitable for the purposes for which it is normally used.
Meet increased quality requirements, if provided for by agreement of the parties.

The product quality guarantee also applies to all its components, unless otherwise provided by the contract.

Lawyer's answers to private questions

Where can I find information about the warranty period for the phone I purchased?

According to Part 4 of Art. 19 of the GDPR, information about the warranty period is indicated in the product information. The manufacturer or seller may put a mark in the instructions for use or issue a separate warranty card.

The laptop's charger is broken. Is this covered under warranty?

If the contract does not specify separate warranty conditions for components, you must be guided by Part 3 of Art. 470 of the Civil Code, according to which the warranty period is established both for the product itself and for its components.

I contacted the store about a problem with my phone. I was refused repairs or a refund on the basis that the warranty had expired by the date of manufacture. Do I have rights in this case?

The warranty period is calculated from the moment the product is delivered to you, and not from the date of its production. Therefore, the law is on your side, write a claim, and, if necessary, go to court.

The warranty on the car ends in a week, and according to the diagnostic results, the duration of the repair is at least 25 days. Does this mean that in a week the repairs will continue at my expense?

No, because you contacted the manufacturer before the warranty period expired.

I handed over the tablet for repair under warranty, after returning it it broke again 3 days later. Is there a warranty period for repair work?

This period is not defined by law; the contractor sets it independently. The issued receipt must indicate the warranty period for the operation of the tablet after repair. If this information is not available and you think that the work was done poorly, write a complaint to the contractor with reference to Art. 29 ZoPP.

When does the warranty period begin?

The law allows you to determine the beginning and end of the guarantee. The warranty period for the product begins to run from the moment - Art. 471 Civil Code of the Russian Federation, art. 19 No. 2300-1 Law of the Russian Federation:

Transfer of the product to the consumer - unless another procedure is established by the contract.
Manufacture of the item - if the date of purchase is unknown.
Elimination by the seller of certain circumstances (special installation/connection/assembly is required or a defect is detected) - if the consumer cannot, therefore, use it for its intended purpose and notifies the seller about this. If it is impossible to establish the date - from the moment of conclusion of the purchase and sale agreement.
Delivery of goods to the buyer - when selling products by samples/by mail/remotely. If the date is unknown, calculation begins from the moment the purchase and sale agreement is signed.
The onset of the corresponding season, the duration of which is determined taking into account the climatic conditions of the buyer’s location - when purchasing seasonal goods (clothes/shoes and other things used by buyers, depending on the time of year).

Important! The warranty periods for components are calculated in the same manner as for the main item.

Who sets the warranty period

According to Parts 5-6 of Art. 5 of the Law of the Russian Federation dated 07.2.1992 No. 2300-1 “On the Protection of Consumer Rights”, the warranty period can be established:

manufacturer;
by the seller, if the manufacturer has not provided it.

The store also has the right to accept claims within the time established by the manufacturer, as an additional obligation under the sales contract.

Application for return of goods from the buyer

Examination of goods of inadequate quality

What to do if a warranty claim occurs

In the event of a warranty claim, adhere to the following algorithm:

Check to see if you are legally entitled to return the product and if you have missed the deadline for making a claim.
Decide on the requirements and prepare a claim, attaching the necessary documents (I will talk about them later). I described how to draw up and send it in more detail in the article How to make a claim for a refund for a product of inadequate quality in 2021.
Send the application to the seller by mail (a valuable letter with a list of attachments) to his legal address or hand over the document in person. Be sure to mark your copy upon receipt.
Hand over the defective goods to the seller according to the acceptance certificate. If the product is small, this can be done simultaneously with submitting the claim. For bulky/heavy items (weighing more than 5 kg) delivery will be required. In this case, such transportation must be provided by the seller at his own expense and on his own.
Depending on the requirements set out in your claim, the seller must: return the money within 10 days of receipt of the claim / replace the product with a new one within 7 days (if additional inspection is carried out - 20 days) / make repairs within no more than 45 days .
If the above deadlines are violated, prepare a complaint to Rospotrebnadzor/statement of claim to court.
Before filing a claim in court, send to the Defendant (seller) one copy of the application with copies of the attached documents by a valuable letter with a list of the attachments.
Submit a statement of claim to the court office in person/through a representative or send it by mail/via the electronic service of State Automated Information System “Justice”.
Take part in the trial. If a judicial decision is not in your favor, appeal.
After a positive court decision comes into force, receive a writ of execution and send it to the bailiffs for execution.

What documents are needed to take advantage of the guarantee?

To “painlessly” return a product under warranty to a store, you must confirm that the product was purchased at this particular retail outlet.

In this regard, you must have the following documents with you:

Payment document confirming the fact of purchase - cash receipt/sales receipt/bank account statement.
Warranty card.
Purchase and sale agreement (if available).
Other.

Please note that the absence of such documents cannot be a reason for refusing to satisfy your requirements - clause 5 of Art. 18 No. 2300-1 Law of the Russian Federation.

If you lose payment documents, you can refer to:

Witness's testimonies.
Video recordings from surveillance cameras.
Warranty card.
Bank statement for personal account (if paying by bank transfer).
SMS/PUSH messages about debiting money from a card, etc.

Warranty and Returns

1. Conditions for providing warranty obligations. Products for which no warranty is provided

1.1. Warranty obligations for goods apply subject to compliance by the consumer/buyer/ with the following requirements: 1.1.1. installation of the product by a qualified specialist at a certified service station (STS); 1.1.2. operation and/or storage of goods in accordance with regulatory documents, established technical specifications, and manufacturer’s recommendations; 1.1.3. availability of a work order for the installation of goods on a vehicle certified by a service station; 1.1.4. the presence in the service station certificate of permission to carry out this type of work for a given model range of the car; 1.1.5. presence of a conclusion on the inoperability of the part issued by the service station; 1.1.6. compliance of the installed product with the vehicle specification.

1.2. When making claims to the Seller regarding the quality of the Goods, in order for the Seller to check the quality of the Goods, the Consumer/Buyer/ must provide the Seller:

An order for the installation of the Product on a vehicle, issued by a certified service station. The work order must contain the following information:

a) state registration number of the car; b) full name of the car owner; c) make and model of the car; d) vehicle identification number - VIN code (17-digit number indicated in the technical passport or state registration certificate of the vehicle). For vehicles with a chassis number (frame structure), the chassis number must be specified; e) mileage of the vehicle at the time the part was installed on the vehicle; f) the work and its cost performed during the installation of the Product, as well as the mandatory accompanying work to replace associated components and assemblies; g) all work (their description) that was previously carried out on the car before installing the part and after its dismantling.

Certificate of conformity of the service station for this type of work (a copy certified by the seal of the service station).
Payment documents confirming payment for service station services (copy of cash receipt).
Conclusion of the service station on the reasons for the non-operation of the Product, made on company letterhead.
Defect report/conclusion from the service station, made on the letterhead of the organization repairing the car, and signed by authorized persons of the organization, certified by the seal of the service station, which must contain the following information:

a) the name of the service station and its address; b) number, date and time of its preparation; c) full name of the position of the persons who took part in the preparation of the act; d) state registration plate (number) of the car; e) VIN code of the car; engine code; f) vehicle mileage at the time of installation of the part on the vehicle; g) mileage of the car at the time of the examination; h) part number and quantity; i) link to the work order (according to the list of works). A copy of the certified certificate and license (SRO certificate) to carry out this type of work. In the absence of any of the above documents, as well as their improper, incorrect, contradictory completion, entails a refusal to further consider the issue. 1.2.1. For consumers - individuals, the consumer must provide a document confirming the fact of purchase of the goods.

1.3. Product warranty from the manufacturer BOSCH:

1.3.1. The warranty period is 1 year. 1.3.2. The warranty for the Product is established only when installed in specialized BOSCH Services, the list of which is installed on the official website of this manufacturer. 1.3.3. These rules do not apply to batteries, for which the rules established in clause 3.2 apply. of this Regulation. 1.3.4. Warranty exchange of goods from the BOSCH manufacturer or a refund of money paid for the Goods is made on the basis of a positive expert opinion (warranty protocol) issued by the specialized BOSCH Service providing warranty service.

1.4. Warranty for original category goods:

1.4.1. Products of the original category, manufactured by automakers of vehicles, are installed at the corresponding official dealer, who, in the event of a warranty case, issues a package of documents confirming the manufacturing defect of the Product. Such documents, together with the Product, are sent by the Consumer/Buyer/to the Seller for further warranty procedures. 1.4.2 The warranty for the Product is established only if the Product is installed on a vehicle at a service station of an official dealer of the corresponding manufacturer. The warranty period is 6 months; if the manufacturer of the Product establishes a longer warranty period, then the warranty periods correspond to those established by the manufacturer of the Product on the territory of the Russian Federation. The warranty conditions established by the respective manufacturer apply. 1.5. Warranty obligations do not apply to: 1.5.1. wear and natural changes in the condition of spare parts during their operation on a car in accordance with the manufacturer’s requirements for such Products as - windshield wiper blades, drive belts, brake pads, discs and drums, clutch discs , spark plugs, etc.; 1.5.2. for consumables, technical fluids and parts, the replacement of which is provided for during regular maintenance (light bulbs, oil, filters, car cosmetics, car chemicals, fuses, etc.) after installation on the car; 1.5.3. on parts with traces of mechanical damage resulting from improper storage, improper installation or operation in violation of the manufacturer’s requirements.

1.6. There is no warranty claim, and AVTODETALI LLC is not responsible for the quality of the product:

1.6.1. if defects in the product were the result of its improper operation, exposure to atmospheric phenomena or other external influences, violation of installation and/or storage rules; 1.6.2. if there is normal wear of the part for the service life specified by the manufacturer; 1.6.3. if the part is damaged as a result of an accident, improper installation or careless operation; 1.6.4. if a malfunction of spare parts of the fuel system or exhaust system occurred due to the use of a fuel class not specified by the vehicle manufacturer; 1.6.5. if damage (especially to suspension and steering parts) occurred due to careless driving on uneven roads (extreme load on the vehicle); 1.6.6. if there is mechanical damage to the part; 1.6.7. if the cause of failure of the product was a malfunction of another part or unit. 1.6.8. for non-paired parts of the vehicle's chassis (springs, shock absorbers, stabilizer struts); 1.6.9. for shock absorbers replaced in an amount of less than 2 pieces per vehicle axle and without replacing the protective kits (bump stop plus boot) and installation kit (upper strut support); 1.6.10. defects, malfunctions or corrosion of spare parts resulting from exposure to industrial and chemical emissions, acid or alkaline air pollution, plant sap, waste products of birds and animals, chemically active substances, including those used to de-ice roads, hail, lightning and other natural phenomena; 1.6.11.electrical spare parts classified as non-original, with the exception of goods from individual manufacturers specified in these Regulations. Parts of the electrical group must be tested before installation; after they are installed on the vehicle, complaints are not accepted, and parts are not subject to repurchase.

1.7. Rules for acceptance of goods.

1.7.1. When receiving the goods, it is necessary to check the exact correspondence of the name, article and quantity of the goods actually issued. 1.7.2. Particular attention must be paid when accepting the following groups of goods:

body parts;
auto glass;
bumpers;
plastic, decorative products;
products painted in body color;
complex electromechanical products;
radiators;
containers with various technical liquids;
car lamps.
Claims regarding the condition of the goods are made upon receipt of the goods. After acceptance of the goods, responsibility for its quality passes to the Consumer/Buyer/.

1.8. Return

Return (exchange) of goods from the Consumer/Buyer/ is accepted subject to the requirements of the Law on the Protection of Consumer Rights in the Russian Federation and within the warranty period for this product established by the seller (manufacturer) (Law of the Russian Federation dated February 7, 1992 No. 2300-1 “On protection of consumer rights" (current edition). Return (exchange) of goods is possible subject to compliance / by the Consumer / Buyer with the following conditions: 1.8.1 The product is accepted for return only in the packaging in which it was released to the Consumer / Buyer /. 1.8.2. Packaging must not contain any inscriptions or be damaged. Bar codes, labels of the Supplier and the manufacturer of the Goods must be preserved on it. Applying other markings to the packaging of the Goods is prohibited. In case of damage to the packaging, or its absence, as well as the absence of a bar code, The Supplier has the right to refuse the Consumer/Buyer/ to accept a return. 1.8.3. An application for the return of the Product must be submitted at the office of the Supplier's online store. Return of the Product, issued in another way, is considered only in agreement with the personal manager of the Consumer/Buyer. 1.8.4. The deadline for filing an application for the return of the Goods is no later than 14 days from the date of receipt of the Goods by the Consumer/Buyer/. 1.8.5. The costs of delivering the Goods through transport companies are borne by the sender. 1.8.6 Availability of financial documents (receipt, sales receipt) for the purchased goods. We draw the attention of Consumers/Buyers/ to the list of goods that are not subject to exchange or return: electromechanical products, technically complex goods, oils and special fluids, engine parts with a violation of the integrity of the packaging, discounted goods are not subject to exchange or return (Resolution of the Government of the Russian Federation No. 55 dated 01/19/1998, in the current version). 1.8.7 The list of analogues and substitutes on the website avtomakc.ru is for reference information and cannot serve as a reason for returning a product if there is an error in its selection. We recommend making the correct selection of spare parts according to manufacturers' catalogs.

How long does it take for the seller to carry out warranty repairs?

The duration of repairs under warranty is determined as follows - clause 1 of Art. 20 No. 2300-1 Law of the Russian Federation:

Immediately (as soon as possible) - if the parties have not agreed in writing on the deadline for eliminating defects.
Within the period stipulated by the parties, but not more than 45 days - if the period is approved by you in writing.

This rule applies to the entire category of goods.

Important! If the repair period was violated/you repeatedly contacted the service center to repair the product (in total more than 30 days in each warranty year), feel free to submit a claim again and demand a refund.

What can you demand from the seller during the repair period under warranty?

During the period of warranty repair of a durable product, you can demand that the seller provide you with a similar product for free use within 3 days. In this case, the retail outlet is obliged to deliver it to you at its own expense.

However, there are exceptions to this rule. RF PP No. 2463 approved the List of durable goods to which the above requirement does not apply:

Auto-moto vehicles/trailers and numbered units for them. An exception is products intended for the disabled/recreational boats and watercraft.
Furniture.
Electrical appliances.
Electric/gas/hybrid household appliances used for heating/cooking.
Civilian weapons. Jewelry and other products made of precious metals/precious stones.

Repair under warranty

One of the options for a claim against the seller is the right to free elimination of defects that arose during the warranty period.

According to Part 1 of Art. 20 of the Law of the Russian Federation, these shortcomings must be corrected immediately. The maximum period is 45 days.

If repairs are not completed within this period, the parties may enter into an additional agreement increasing the time to eliminate the defects. It is important to take into account that the absence of parts or individual components is not a basis for extending the repair period.

In accordance with Part 2 of Article 20 of the Law of the Russian Federation, if we are talking about a durable product, the manufacturer is obliged to provide a similar product within 3 days for the period of work to eliminate the defects.

After repair, the warranty period increases by the time spent on it.

When can a consumer be denied warranty service?

In some cases, the consumer may be denied service under the warranty. Namely, if the seller proves that the defect appeared after the product was handed over to you, as a result of clause 6 of Art. 18 No. 2300-1 Law of the Russian Federation:

Its improper operation/storage/transportation.
Force majeure.
Interventions by others.

If such circumstances are confirmed, the seller (manufacturer), authorized organization/individual entrepreneur, importer, is not responsible for any defects in the product and will refuse to service you. In this case, you will have to pay for repair work at your own expense.

How to defend consumer rights when warranty repairs are refused

Decide on a method to protect the violated right.
If the retail outlet/manufacturer/service center unreasonably refused to service your product under warranty, prepare a complaint to Rospotrebnadzor.

Such an appeal must be considered by the supervisory authority within 30 days from the date of its receipt. Based on the results of its consideration, if the violation is confirmed, an order to eliminate it will be sent to the seller.

In addition, an independent examination is also recommended. If the result confirms a manufacturing defect, the store will reimburse you for the money you paid for the product.

If the out-of-court procedure does not produce results and the money is still not returned to you, file a claim in court. I described in more detail how to draw up a claim, in which court and in what way to file it in the article Sample statement of claim to the court for the return of funds in 2021.

Will the warranty apply if the product was purchased abroad?

When purchasing a product from a foreign manufacturer abroad, Russian laws do not apply. Here a lot depends on the “policy” of the manufacturer. If the product is certified in Russia, you can apply for warranty to authorized service centers with which the manufacturer has an agreement. If not, you will be rejected.

However, you have the right to contact the manufacturer in accordance with the regulations of the state where the item was purchased. Also, if there is a representative office of such a foreign company in the Russian Federation, you can try contacting them. Perhaps they will help you resolve this issue.

What is the liability for violating the terms of warranty repairs?

If the seller violates the deadlines for such repairs, he becomes liable in the form of an obligation to:

Refund of money paid for the product - if the repair lasted more than 45 days.
Compensation for losses.
Payment of a penalty (penalty) in the amount of 3% of the cost of repair work for each day of delay.

Important! Paying a penalty does not relieve the retailer from the obligation to satisfy your stated requirements.

What to do if a defect is discovered after the warranty has expired

If the warranty period has expired, the seller has the right to refuse warranty service to you. However, if a significant defect is discovered in the product outside of this period, you can submit a demand for its elimination to the manufacturer (authorized organization/individual entrepreneur, importer) in - clause 6 of Art. 19 No. 2300-1 Law of the Russian Federation:

Product service life period.
For 10 years from the date of delivery of the product to you - unless such a period is established.

The only thing is that you will have to prove that the defect arose before the time of purchase or due to circumstances that arose before that moment. This will require an independent examination.

Legislation

The Civil Code in articles 454–505 regulates the general rules of purchase and sale. They largely coincide with the provisions of the Consumer Protection Law.

Articles of the PLA where the guarantee is regulated:

Dear readers! To solve your problem right now, get a free consultation

— contact the lawyer on duty in the online chat on the right or call: +7 (499) 938 6124 — Moscow and region.
+7 (812) 425 6761 — St. Petersburg and region. 8 (800) 350 8362 - Other regions of the Russian Federation You will not need to waste your time and nerves
- an experienced lawyer will solve all your problems!

Art. 5 – setting a deadline, its concept;
Art. 18 – list of requirements possible for application during the warranty period;
Art. 19, 20 – calculation of time thresholds.

FAQ

Q: Does the warranty apply to items purchased on sale?

A: Products purchased on sale are also covered by the warranty. The only exceptions are those goods for which the consumer was notified of the reason for the markdown in writing (for example, an entry in the receipt/instructions, etc.).

Q: Where is warranty repair of equipment performed?

A: Warranty equipment is repaired at authorized service centers. Such services have a special license and undergo periodic certification. They carry out their activities on the basis of a concluded agreement with the manufacturer of the goods. When repairing, they must: 1) use only original spare parts; 2) carry out repair work according to technology.

Q: What happens if a product under warranty cannot be repaired?

A: If the product cannot be repaired, the seller must refund you the full price of the product.

Q: What should I do if the retail outlet where the product was purchased has disappeared and there is no information about it?

A: If the seller has disappeared (the store has closed/the legal entity has changed), this does not mean that you should lose your warranty. When an organization changes its legal form, find out whether it is a successor to the previous one. If not and the seller cannot be found, file a claim with the manufacturer/importer. If you receive a refusal, appeal to the court.

Remember

Establishing a warranty period for products is the right of the manufacturer/seller, and not an obligation.
The guarantee can be legal or contractual. Also, the seller/manufacturer may provide an additional guarantee in respect of a defect in the product discovered after the end of the warranty period established by the manufacturer.
Warranty information may be indicated in the warranty card/service book/contract/technical documentation for the product.

Have you ever had to contact the seller for warranty? What did you choose - repair, replacement of goods or refund?

Is it worth requesting repairs if the product warranty has not yet expired?

Repair of warranty defects identified during product operation is usually an alternative requirement of the buyer. Consumer rights in the presence of a product warranty include:

refund;
replacement of goods;
reimbursement of repair costs incurred by the buyer;
exchange for goods of proper quality.

However, it is worth noting that the freedom to choose an alternative option belongs to the buyer only if the purchased product is not technically complex, since if a fault is discovered after the end of 15 days from the date of purchase of a technically complex device, such a product is subject only to repair without the right to exchange and refund.