In what cases can you return your phone for warranty repair?
According to the Law “On Protection of Consumer Rights”, you are obliged by the Law “On Protection of Consumer Rights” to accept goods that have defects and eliminate them free of charge.
Clause 2, clause 3 of Art. are responsible for the quality of the goods. 18 of the Law “On Protection of Consumer Rights” both the seller and the manufacturer. Therefore, if the phone is under warranty, you can contact both the store where you sold the product and the organization that represents the manufacturing company.
Defects due to which the phone can be sent in for repair can be different: a crack on the screen, lack of sound, a non-working touch display, etc.
The phone will be repaired under warranty if they cannot prove that the defect was caused by you. 18 of the Law “On Protection of Consumer Rights” or due to improper transportation or storage. The reason for the defect will be determined when checking the product. This process also includes conducting an examination.
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.
When does the warranty period begin?
The warranty period begins Art. 19 of the Law “On Protection of Consumer Rights” from the moment of purchase. If this time is difficult to determine, then the warranty is valid from the moment the product is manufactured.
When delivering by mail or courier, it begins from the moment the goods are received. If after delivery you cannot use the product - there are not enough spare parts, special installation or configuration is required, the device does not work - the warranty period begins from the moment the seller fixes all this.
Warranty time
Warranty periods for refrigerators vary. On average, the warranty is 2 years from the date of purchase. This period is slightly different for different brands of household appliances.
A longer warranty period is given by those manufacturers who are confident in the quality of their products.
The warranty for the refrigerator is determined by the manufacturer, not the seller. This applies to any brands: Liebherr, Indesit, Atlant, Samsung, Bosch, etc.
Guarantee period
How long does the warranty last?
Most often, the warranty period is prescribed by Art. 10 of the Law “On Protection of Consumer Rights” in the purchase and sale agreement. Typically for mobile phones it is six months or a year. When the contract does not contain a clause about this, Art. 19 of the Law “On Protection of Consumer Rights”, that the guarantee is valid for two years.
Distributed by Art. 19 of the Law “On Protection of Consumer Rights”, it also applies to individual spare parts for telephones. The contract specifies the duration of its validity. But if it is less than the warranty for the main product, it is considered that the spare parts can be returned for repair within the same period as the main product.
The Lifehacker Telegram channel contains only the best texts about technology, relationships, sports, cinema and much more. Subscribe!
Our Pinterest contains only the best texts about relationships, sports, cinema, health and much more. Subscribe!
How is the warranty period calculated?
As a rule, these are specific periods calculated in days, months or years. But the law does not establish certain limits for some types of goods. For example, household goods - pots, pans, etc. It is understood that the warranty period is determined by the buyer or manufacturer independently.
Some types of electrical appliances are calculated in other units. For example, for a car engine this is the mileage, for a camera it is the number of shutter clicks. For external hard drives, these are operating hours. Some models maintain a lifespan of up to 1 million hours.
But the most common warranty period is a year or two. Pay attention to the components. Sometimes the body is covered by one warranty and the parts are covered by another. In rare cases they are measured in different units.
ATTENTION! If the warranty period is not established, then you can return it within 2 years. This will require evidence from the user with the involvement of independent experts.
Also, some parts are classified as consumables, such as attachments, and they will have a short shelf life.
When the phone will not be repaired under warranty
The seller or manufacturer must test the phone at their own expense. They will refuse him Art. 1098 of the Civil Code of the Russian Federation to repair under warranty if it turns out that you:
- used the gadget incorrectly (for example, hammered nails with it);
- handled it carelessly (dropped and broke glass);
- improperly stored (in the bathroom with high humidity);
- if the phone breaks down due to force majeure (during a fire or flood);
- They themselves tried to repair it or changed something (they did a “reflash”).
If during the inspection it is determined that the phone broke down due to your fault, you will have to pay Art. 18 of the Law “On Protection of Consumer Rights” for the services of experts and contact the service center for paid repairs.
Who determines the warranty period for a product?
According to paragraphs 6 and 7 of Article 5 of Federal Law No. 2300-1, the warranty period can be set either by the manufacturer (clause 6) or by the seller (clause 7).
The manufacturer has the primary right to determine the duration of the warranty. The seller of the outlet acquires this opportunity only in the absence of a manufacturer's warranty.
This legal basis excludes the existence of a double warranty on the product.
Where to take your phone for repair under warranty
You can request free repairs from the store where you purchased the device. The seller will be required to accept and repair the phone under warranty.
You can also contact an organization that specializes in equipment repair.
An authorized service center is one that cooperates with the phone manufacturer. Here you can get free warranty repairs at the manufacturer's expense. We use original spare parts for this particular brand of phone.
The service center simply specializes in repairs and may not work with a specific manufacturer or use factory parts. It is worth checking whether such a center will repair the phone under warranty.
How to return your phone for repair under warranty
What you will need
- A receipt, sales receipt or sales contract is a document that confirms the purchase.
- Warranty card.
- Passport.
- Claim for transfer of phone for repair.
What do we have to do
Make a claim for elimination of defects in two copies. Come to a store or service center. Submit one application to an employee of the organization; on the second copy he must put a stamp, signature and the date when the document was accepted.
After that, hand over the gadget. The store or service center should conduct an inspection to find any deficiencies. If this is done right away, they immediately draw up an act of handing over the phone for repair. This document will indicate:
- transmission time;
- phone model, serial number, etc.;
- who transmitted;
- who accepted;
- description of damage;
- repair times.
It can take several days to look for defects. In this case, the store or service center appoints an examination. You have the right to attend the Order of the MAP of the Russian Federation “On some issues related to the application of the Law “On the Protection of Consumer Rights” during its implementation. It is done at the expense of the company that will carry out the repairs. Typically, the examination period is 10 days.
You yourself can contact another organization for an examination, and then provide all the documents to the seller. At the same time, he must reimburse you the costs of the Order of the MAP of the Russian Federation “On certain issues related to the application of the Law “On the Protection of Consumer Rights”.
Be careful when purchasing
Modern industry produces refrigerators of different brands. Among them there are domestic and foreign products. How long will they work in normal mode?
A refrigerator is a rather complex piece of equipment, so its operation should be checked in the store. Listen to the sound of the engine, check how doors and drawers open and close, and how the temperature regime functions.
Refrigerator with food
When purchasing, it is very important to ensure that the warranty card is filled out correctly. It should contain the following information:
- Date of sale of the refrigerator;
- Seller's stamp on the card and on all tear-off coupons;
- Seller's signature with surname decoding.
If there are errors in filling out the warranty card, you may not be able to get the unit repaired or replaced in the event of a breakdown.
Warranty card
When should a phone be repaired?
Typically, the contract specifies the time frame for repairs. He cannot occupy a position. 20 of the Law “On Protection of Consumer Rights” more than 45 days. But if there are no specific deadlines, then the phone must be repaired as quickly as possible. Considering how long the procedure usually takes.
If the seller or service center employees cannot do everything on time, a new agreement is concluded, which again determines the repair time frame. And excuses that the service does not have the necessary parts do not count.
When a service center or store fails to meet repair deadlines, you can demand a penalty. For each day of delay you must pay 1% of the cost of the goods.
As soon as the phone is returned to you, the warranty period is extended for as long as the gadget was being repaired. To do this, you need to ask for a document that states when the device was accepted for repair and when it was returned to you.
If the phone has not been repaired within 45 days, and the person doing the repairs has not warned about the extension of the deadline and has not offered to conclude a new agreement, write a statement demanding a refund. If on the 46th day you are given a gadget, you can decide: take the phone or the money (provided that you have not yet taken the money). Or choose another product for the same amount.
Estimated response times
In accordance with current legislation, the seller is obliged to eliminate the defect within 45 days. This is the maximum period allowed to satisfy the client's requirements. If within the specified period the seller has not repaired the product and has not responded to the claim, then the buyer has the right to file an application in court.
However, by agreement of the parties, in the presence of certain circumstances, an extension of the repair period is allowed. To resolve all disputes related to returns, discounts or exchanges, the law allows 10 days.
During this period, the seller conducts an examination, during which the cause of the defect is determined. Then the seller returns the money, exchanges it for a similar product, or makes repairs.
If the results of the examination do not satisfy the buyer, then he has the right to conduct an independent examination and pay for it himself. The costs of the examination can then be recovered from the seller.
After filing a claim, the seller will take some time to investigate the circumstances. The law allows 7 calendar days for this. This period may be extended if the parties insist on conducting additional examination. In this case, the store’s response time to the complaint increases to 20 days.
If the seller is ready to replace the product with a similar one, but this model is not available, then the waiting period can be increased to 30 days.
The fastest option is to offer the buyer a temporary replacement. But the seller is obliged to voice such a decision within 3 days.
Watch the video. Expiration date, service life, warranty period:
Should a replacement be provided during repairs?
If a replacement is needed, then indicate this in the document according to which the phone is accepted for repair. A replacement will be provided by Art. 20 of the Law “On Protection of Consumer Rights” within three days. The phone must have the same characteristics as the device you sent in for repair.
If you hand over a touchscreen gadget, they cannot give you a push-button gadget that only makes calls and sends SMS. And to replace the latest model smartphone, you have no right to give you an old gadget with less functionality and worse characteristics.
The properties and characteristics of the gadget are specified in the technical documentation of Art. 10 of the Law “On Protection of Consumer Rights”. This should be pointed out to the person who will be doing the repairs. If he refuses to comply with your demands, you can write a complaint to Rospotrebnadzor and go to court.
If a replacement is not issued on time, you can claim a penalty under Art. 23 of the Law “On the Protection of Consumer Rights” - 1% of the price of the goods for each day of delay.
What to do if you are not satisfied with the quality of warranty repairs
When you receive your phone from repair, carefully inspect it for new damage, scratches, or chips. Turn the gadget on and off, check if all functions work. Shoot a video or take a photo. After acceptance, ask for a document stating that the phone has been repaired.
If you find a defect or the gadget begins to work worse than before, then indicate this in the acceptance certificate - both in your copy and in the copy of the organization that did the repair. Ask them to fix these shortcomings for free. If you are denied, file a complaint.
If there is no response to the claim, you can collect documents and go to court or write a complaint to Rospotrebnadzor.
The answer will be the one who was involved in the repair. Ruling of the Supreme Court No. 18-КГ18-154 dated 09.11.18, even if you took the phone to the store for repair, and he sent it to a service center or workshop.
What to do if your phone constantly needs repairs
If you are tired of constantly sending your phone in for warranty repairs, you can return the gadget to the seller. But only under the following conditions of Art. 18 of the Law “On Protection of Consumer Rights”:
- during repairs, a significant flaw was found - one that cannot be repaired or requires too much expense to repair;
- During the entire warranty period, the phone was under repair for more than 30 days.
In these cases, the phone can be returned and Art. 18 of the Law “On Protection of Consumer Rights” replacement: choose a new one of the same brand or another in this price category. Or return the money to buy the gadget elsewhere.
Transportation of goods to the seller: who should pay
The position of the legislator on the issue of delivering defective goods back to the point of sale is reflected in the seventh paragraph of the eighteenth article of the law protecting consumer rights.
If the item weighs more than five kilograms and is returned within 14 days, shipping must be paid by the seller. The same applies to the return of goods to a citizen after it has been repaired.
If more than fourteen days have passed, then in this case you should pay attention not to the period of 14 days, but to the duration of the warranty. In accordance with current regulations, delivery of equipment from buyer to seller is carried out throughout the entire warranty period.
It is also worth noting that a citizen can pay for delivery himself. But an organization or an authorized individual entrepreneur is obliged to compensate the buyer for financial losses within ten days.
