What to do if your phone breaks under warranty in 2021?

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Buying a new phone is a responsible step that requires a serious approach to choice. No buyer is immune from the breakdown of a mobile device, even if it was purchased in a store. What to do if a phone that is covered by warranty breaks down? Where to go in 2021 and with what? All this will be covered within the framework of this material.

Normative base

The main regulation is the Law “On the Protection of Consumer Rights” No. 2300-1 of 02/07/1992 (hereinafter referred to as the LPP). In Art. 18 (clause 1) states that if defects are detected in the phone, the consumer has the right to rely on repair, return or replacement.

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Attention

Regarding technically complex devices, the consumer may refuse to fulfill the terms of the purchase and sale agreement and request a refund of the money spent, as well as demand a replacement with a product with the same consumer properties. Their list is presented in Government Decree No. 924 of November 10, 2011.

The time frame within which it is permissible to present these claims is discussed in the following Article 19, paragraph 1 of Law No. 2300-1. The standard states that the consumer retains the right to protect his own interests during the entire warranty period or shelf life. If expiration dates for certain goods have not been established, they can be submitted for examination within two years.

The next article (Article 20) deals with the procedures for eliminating defects in product items on the part of the seller. Clause 1 states that the elimination of deficiencies occurs immediately, i.e., in compliance with the minimum deadlines. They cannot be more than 45 days. If we are talking about durable goods, such as a telephone, the manufacturer is obliged to provide the consumer with a replacement product within three days (Clause 2 of Article 20 of the ZPP Law).

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.

Where to go if your phone breaks under warranty in 2021?

In 2021, the first thing you need to do is “peacefully negotiate” with the phone seller. He will inspect and send the device for warranty repair, giving another unit for temporary use in return. All that is required from the consumer is to draw up a claim in two copies. One of them remains in the hands of the phone buyer, the second is transferred to the party that sold the product of inadequate quality.

IMPORTANT

If the seller ignores the consumer’s demand, the latter has the right to appeal to higher authorities (ROSPOTREBNADZOR, court).

On what grounds can they refuse and what should they do?

Unfortunately, some buyers are faced with justified or unjustified refusal to get their phone repaired under warranty.

• Most often, the refusal is due to the fact that the consumer himself violated the requirements of the instructions, or rendered the gadget unusable.
• Also, they refuse warranty service if the buyer tried to make repairs on his own and this is noticeable.

However, refusals can also be unfounded if the seller or manufacturer of the goods does not want to fulfill their direct responsibilities.

What to do in case of refusal?

1. You need to fill out an application and contact Rospotrebnadzor with a complaint . Rospotrebnadzor accepts the application and conducts an inspection of the identified violations within a month.
2. You can also go to court . This needs to be done if, based on the results of the examination, it turns out that it is the seller or manufacturer who is to blame for the breakdown of the phone, but at the same time refuses warranty repairs or replacement. During the court hearing, you can not only demand that the phone be returned or exchanged, but also that money be reimbursed for lost profits and money spent on various examinations.

Every day, a huge number of phones and other equipment are purchased on the territory of the Russian Federation. It is possible that some of them will break down within this month. Any citizen of the Russian Federation should know how to defend their rights and not fall for the tricks of unscrupulous sellers and manufacturers. Respect your rights and do not let anyone violate them.

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Step-by-step instructions

If the phone breaks down during the warranty period, it must be repaired or returned. In accordance with Art. 18 clause 1 of the law on ZPP, a certain procedure for carrying out return measures for a smartphone is in effect for 15 days (if a defect is detected in the product). According to it, the consumer may not return the mobile device for repair, but simply return it with receipt of the amount of money paid, or replace it with a new device.

The phone cannot be exchanged or returned under warranty if it:

• was subjected to mechanical influence;
• software changes;
• act of cold or moisture.

Within 14 days from the date of purchase, the consumer has the right to return the phone under warranty if a defect is found in it.

Additional Information

Is it possible to return a phone to a store in 2021 if it doesn’t suit you or you don’t like it?

In accordance with the List of non-food products of good quality that are not subject to exchange or return (Government Decree No. 55 of January 19, 1998), phones are complex technical goods that are not subject to exchange or return. This is confirmed by Art. 25 of the law on ZPP. This category includes multifunctional devices equipped with touch screens. That is, we are talking about smartphones and tablets. Return them according to Art. 25 within 14 days is not allowed.

But the question related to classic push-button phones remains open. The fact is that from the point of view of jurisprudence, the belonging of this product group to items of complex equipment cannot be proven 100%. Therefore, products with buttons can be returned and exchanged within 14 days after purchase.

Instructions for action if problems occur with the phone after 15 days of use are as follows:

• If a breakdown is detected, you should study the warranty card. It is not uncommon for a seller to offer a primary and secondary warranty for the phone that covers the same set of rights.
• Go to the seller, taking the broken product and everything that came with it. Write a request for marriage.
• If the warranty period for the phone has not expired, and the breakdown occurred due to the fault of the manufacturer, the seller is obliged to accept the smartphone for repair or offer the buyer other options (replacement, return, proportionate reduction in cost).
• The duration of repair activities in 2021 cannot exceed 45 days, otherwise the buyer reserves the right to file a complaint with ROSPOTREBNADZOR.
• Having taken the phone for repair, the seller undertakes to: - conduct an examination in order to identify the cause of the breakdown (this is done at the seller’s expense - Article 18, paragraph 5); — hand over the appropriate act with a detailed description of the problem; — provide a replacement model with the same set of options (Article 20, paragraph 2).

Please note:
The Consumer has the right to be present during the examination of the goods. If he does not agree with its results, in 2021 he has the right to create a request for an examination of the phone from an independent specialist.

• If the seller refused to repair the phone under warranty, you should go to ROSPOTREBNADZOR with a corresponding complaint against him. If serious conflicts arise, filing a claim in court is permissible.

What defects/malfunctions of the gadget are covered under warranty?

You can use the warranty on your phone only if the defects appeared due to the fault of the gadget manufacturer. At the same time, it is important that the buyer proves that he did not violate the rules for using the phone . In addition, he himself did not interfere with the operation and software of the phone.

It is important that the smartphone is not subject to shock. Therefore, if the buyer provides a phone with a broken screen (the breakdown was due to the fault of the purchaser), then such a case will not be covered under warranty repair.

However, if the glass burst without external influence, but as a result of poor-quality fastening of the glass to the body, and this was proven by an examination, then in this case warranty repair is possible.

Let's find out the most common cases that are grounds for repair under warranty :

1. The phone is not charging. In this case, the reason is not in the wire, but in the phone, which does not pass current for charging.
2. Wi-Fi and Bluetooth do not function, even when the modes are turned on.
3. The phone freezes and turns off for no reason.
4. The phone does not see the SIM card, so it cannot receive calls or SMS.
5. It is impossible to install a new update on the phone because it says “failure”.

Consumer rights

After detecting faults in a mobile device, the consumer, in accordance with the law on STDs, has several options for action (clause 1 of Article 18):

• exchanging the phone for an analogue or another brand with subsequent recalculation of the payment amount;
• returning the smartphone to the seller and receiving money back (usually this happens within 3 days);
• use of the right to receive warranty repairs;
• reduction in purchase price in proportion to defects.

Attention
The phone must be returned for repair under warranty in the same configuration as it was at the time of purchase. However, the absence of a receipt and box does not serve as a reason for refusal on the part of the seller (Article 18, paragraph 5).

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.

Seller rights in 2021

In the event of a phone breakdown, warranty rights and disputes are available not only to the consumer, but also to the seller. Their list is also prescribed in the legislation on consumer protection.

1. In Art.
   18 clause 5 states that the seller is obliged to accept product items for inspection. IMPORTANT If, as a result of the examination, it is established and proven that the defects arose through the fault of the user, the latter will be obliged to reimburse all costs associated with checking, storing and transporting the product item. The seller has every right to demand this money.
2. In 2021, the seller has the right to refuse to accept a phone for examination and repair if the expiration date or warranty period has expired.
3. The seller does not consider the claim even if the consumer tries to return a product that is not covered by warranty services.
4. In Art.
   20 clause 1 states that in a number of situations the seller has the right to delay the repair of the goods. For your information, if during the repair work it becomes obvious that it will not be possible to eliminate them in the allotted time (45 days), a new deadline is set. However, the lack of necessary spare parts and components on site does not allow it to be formed anew.

Further procedures

The claim must be submitted in two forms. During its acceptance, the seller must affix a stamp. It is important that he does this on both documents. After this, the device is transferred to the retail outlet, and the buyer is given an inventory of the property received. This paper must display all the items transferred to the store.

Once the product is accepted back, it will be sent to the service center. Only a service center specialist will be able to analyze the nature of the breakdown and issue a conclusion. Further actions directly depend on what exactly will be contained in the expert’s report. If a service center employee determines that the breakdown occurred due to the buyer’s actions, the goods will not be exchanged.

Peculiarities! After a negative conclusion, a citizen has the right to order an independent expert assessment. However, he will have to pay for her services himself.

If the expert’s report indicates that the breakdown is a warranty case, further actions will depend on the contents of the claim. The device will either be sent for repair (the device must be repaired within forty-five days), or exchanged for a new sample, or the funds spent on its purchase will be returned.

When can I get my money back for a phone under warranty?

According to the provisions of the Law “On the Protection of Consumer Rights”, money can be returned in 2021 for a phone of inadequate quality only if the following conditions are met:

• if the warranty period for the product is extended;
• it has not expired;
• the product is subject to exchange and return;
• the breakdown occurred due to the fault of the manufacturer/seller;
• The product was provided for repair in the same configuration that was included when purchased.

In Art. 24 (clause 1) of the law on ZPP states that if a product item of inadequate quality is replaced with a product of the same brand and model, the price will not be recalculated. Clause 2 states that if the replacement is made with a product of a different model, the difference is paid by:

• consumer, if the price of the new product is higher;
• seller if its value is lower.

IMPORTANT
Clause 6 states that if the phone was purchased using credit resources, in 2021 the seller remains obligated to return not only the amount paid for the smartphone, but also interest and other payments in accordance with the loan agreement.

What are the legal warranty periods?

The warranty period is set by the seller over the phone in most cases. Most often, such periods vary from 6 calendar months to one year. Much less often – two calendar years. Warranty periods are indicated in the coupon. The period begins to run from the date of purchase.

If the warranty period is not specified in the coupon, then it can be deducted based on the date of the issued purchase receipt. Therefore, even when purchasing, make sure in advance that you are provided with all the documents and the correct dates are set.

Even after the warranty period has passed, the buyer can make his claims. However, in this case, you need to provide evidence that the purchased phone has already had any breakdowns or shortcomings.

Russian legislation also provides for situations where the consumer has the right, even after the warranty period has expired, to return the product in order to eliminate defects. A telephone is a technically complex product, so a similar rule applies to it. Even if the purchaser discovers defects after 2 years, he can present his claims if he proves that the defect is significant and appeared at the time when the warranty period was in force.

Phone exchange and money back

Procedures for replacing a phone of inadequate quality under warranty are regulated under Art. 21 of the law on STDs. Clause 1 states that the replacement must be carried out within 7 days from the date of presentation of the corresponding request. If an examination is necessary, this period is extended to 20 days. The calculation of the warranty period due to replacement starts anew (Article 21, paragraph 2).

You can exchange your phone for warranty in 2021 in the following situations:

1. Discovery of a serious defect requiring expensive repairs, the price of which exceeds the cost of the mobile device.
2. Long (protracted) phone repair work (over 45 days).
3. The need for regular repair of the smartphone, i.e. during each year of the warranty period for a total of more than 30 days due to repeated elimination of various defects of the phone. (Article 18, paragraph 1).

To exchange a phone under warranty, a claim must be made in two copies, the period during which the return is made is 7 days. If a new model is not in stock, the time period should not exceed 30 days.

Returning goods after repair

You should not repair phones that are under warranty yourself, in places not intended for this purpose. Such treatment may void the warranty period.

If the gadget was repaired by the seller, then upon receipt you should:

1. Make sure the defect has been corrected.
2. Receive a certificate of repairs performed, with the service dates indicated in it and the cause of the breakdown.

It happens that the initial elimination of deficiencies does not solve the problem, or as a result of repairs other defects and malfunctions begin to emerge. In this case, the consumer can return the device for re-repair, and if the period of previous repairs exceeded 30 days in one year, then for a refund or replacement of the phone with a new product.

Actions are considered justified only if there is documentary evidence of the repairs performed and the timing of its duration.

Actions in case of refusal to repair a phone under warranty

If you are denied repair work under warranty, you must proceed as follows:

• demand a written refusal of warranty repair of the phone and a report on the work that was carried out (remember, they can refuse you only in accordance with Article 18, paragraph 6 of the ZPP law);
• send a claim to the head of the service center, attaching copies of other documents and a clear statement of the requirements;
• demand an examination at the expense of the seller (if a refusal follows, the consumer retains the right to conduct an independent independent examination, which he pays for himself, but if he wins in court, the defendant must reimburse him for all expenses incurred);
• contact higher competent services if previous actions did not lead to the desired result, and you are confident that you are right (you must send an application to ROSPOTREBNADZOR, and the most extreme measure is going to court).

You can request a phone return here.

Warranty repair conditions

Warranty repairs of mobile phones are carried out strictly within the period specified in the documents in specialized service centers. In the Russian Federation, almost identical conditions apply for all gadgets sold. Having purchased a phone of a certain brand, you should familiarize yourself with the addresses of services that provide warranty service. You can come to any of them with questions about repairs, regardless of where the gadget was purchased.

For service, the buyer must have a receipt of purchase and a warranty card for the equipment. By law, when handing over a mobile phone for repair, the seller is obliged to give it another device in exchange for performing all the necessary functions while the gadget is absent.

Warranty repairs do not apply to phone components, such as a headset, case, or batteries.

The phone is under warranty and the headphones are broken

In Art. 19 clause 3 states that warranty periods can be established not only for main goods, but also for components. They may be the same, or they may differ.

IMPORTANT

By default, in 2021, the warranty period for headphones is the same as for the phone, so you can request their repair, replacement and return within the same period. But if the contract specifies other conditions (for example, a shorter warranty period), the consumer no longer has the right to file a claim after its expiration.

What should the seller record?

The seller's representative is responsible for filling out the document. A correctly executed product certificate has the following information sections:

• Description of the product (service);
• Modification;
• Series number;
• Date of purchase;
• Name of the distribution network;
• Seller details (address, telephone);
• Store stamp.

The seal certifies all items on the left and right sides of the guarantee.

What does the service bureau describe?

During mandatory repairs, the service center fills in the following items:

• Date when the product was delivered;
• The date the owner picked up the repaired item;
• Special notes;
• Order number;
• Description of the defect;
• Specialist;
• IRIS – code;
• Center stamp.

If the repair is performed for the first time, the center’s specialists must fill out all sections of the warranty document form “A”. The cut-off part is attached to the official report of the repair.