My phone crashed under warranty, what should I do?

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Published: 10/27/2018

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If the warranty period for the phone has not expired, the consumer is entitled to a wide range of rights.

Consumer rights when a phone breaks down under warranty
What to do if your phone's screen is broken under warranty?

The list of buyer rights provided by law includes exchanging the phone or returning it to the store. But it is necessary to take into account a number of features.

Consumer rights when a phone breaks down under warranty

Consumer rights when a phone breaks down are stipulated in the Law “On Protection of Consumer Rights”. The law allows for the possibility of exchanging a phone during the entire warranty period, and if such is not established, then within 2 years after purchase.

According to Art. 25 of the Law “On the Protection of Consumer Rights”, the exchange of technically complex goods, which includes a telephone, has its own characteristics.

In this case, a high-quality phone cannot be returned within 15 days after purchase if it does not suit the buyer in color, size, etc. (the list of technically complex products is contained).

But if any shortcomings are detected, the consumer should rely on Art. 18. The Law “On Protection of Consumer Rights” in this case gives the buyer the following rights:

Demand termination of the sales contract and return of money.
Exchange an item for a phone of the same model without additional payment (even if its cost has increased since the date of purchase).
Exchange the phone for another with an additional payment or receiving compensation from the seller in the amount of the cost of the goods.
Demand free repairs and elimination of deficiencies.

Thus, the buyer has the right to compensate for losses incurred by him by purchasing low-quality equipment.

In order to state their demands, the buyer needs to take a passport, a warranty card and payment documents in the form of a sales or cash receipt (optional).

But the same Law “On the Protection of Consumer Rights” in Article 18 states that if the seller proves that the cause of the breakdown was improper operation of the product, then the buyer will be refused repair or replacement.

Conclusion

If your phone breaks under warranty, your 2021 rights allow you to get money from the seller or a new phone. Everyone should know this and be able to exercise their rights wisely.

If the phone breaks under warranty through no fault of yours, the seller is responsible for the product sold. You shouldn’t be tormented by questions: “Can I or should I get it back, can I demand it?”

Remember: we must act!

Repair or refund under warranty during the warranty period

What to do if your phone's screen is broken under warranty?

In the vast majority of cases, the phone screen breaks as a result of a fall. Warranty service does not apply to such situations. It does not matter whether the phone was broken accidentally or intentionally.

Can a phone be repaired under warranty if the screen is broken? A consumer can repair a phone that has a broken screen if it is still under warranty. He can even seek repairs from a certified center that repairs phones from a specific manufacturer under warranty. But he can also choose absolutely any service that suits him in terms of price or other criteria.

The buyer will have to bear all costs for repairing the phone themselves. Since mechanical damage to the phone is not a warranty case, the service is not obligated to repair the phone free of charge.

If you carefully read the manufacturer’s warranty card that comes with the phone, you will often see the phrase “The warranty does not cover cases of mechanical damage.”

Situations where the phone malfunctions as a result of flooding or the installation of malware are also not covered by warranty.

Of course, the buyer can try to order an examination to establish that the phone crashed due to improper assembly of the phone. For example, due to the fact that the manufacturer installed a vibration alert that was too powerful, the phone itself fell off the table and broke. But the chances of proving the manufacturer’s guilt in the event of mechanical damage and a fall are minimal.

If the examination shows that the buyer is at fault for the broken screen, then he will have to compensate the seller for the cost of the examination. The cost of the examination may exceed the cost of repairing the screen yourself. Therefore, the buyer should resort to examination only in extreme cases: if he is confident in the manufacturer’s fault.

A buyer who is confident that he is right and that the screen broke due to the fault of the manufacturer must adhere to the following algorithm:

He contacts the store with a written complaint, which contains one of the provisions provided for in Art. 18 of the Law “On Protection of Consumer Rights” requirements. Buyer's requirements must be satisfied within 7 days.
But usually the seller does not immediately fulfill the consumer’s demands, especially when he sees a broken screen. In such situations, he is entitled to conduct additional inspections to determine the cause of the damage. The seller is given another 20 days to conduct the examination on his own or with the help of a specialized organization. The seller is obliged to conduct an examination at his own expense.
If the examination proves the manufacturer’s fault that the screen broke, then he is obliged to satisfy the requirements received from the buyer. So, it is given 7 days to replace it, up to 45 days to carry out repairs, and 10 days to return the money.

A sample claim for the return of a defective product can be found in the link.

But if the examination shows that the consumer dropped the phone himself, causing the screen to break, then this will relieve the seller of all responsibility.

If the buyer has not received a response to his claim within 10 days, then he has the right to file a complaint against the seller in court.

Some buyers purchase additional insurance policies along with their phones. They naively believe that this is an “extended warranty” that will allow them to repair the phone for free if something happens to it. In fact, the conditions usually also say that insurance does not cover cases of improper use of the product, including cases of its falling, flooding, etc. That is, the buyer will still have to make repairs at his own expense.

But if mechanical damage under the contract is an insured event, then the insurance company will have to compensate all the buyer’s expenses for repairs.

Thus, the buyer has a choice: change the phone screen at his own expense or buy a new device. In the event of a breakdown resulting from mechanical damage, the warranty does not apply. Warranty cases are only those where the non-functioning of the product was the result of a manufacturing defect, and not the actions of the buyer, even if they were committed due to negligence.

Vyacheslav Sadchikov Lawyer. Practice in real estate, labor law, family law, consumer protection Subscribe to us in Yandex Zen

How to get money back for a broken phone through insurance?

A modern phone is not cheap due to its additional functions. Not everyone can afford to buy new models often. So that in the event of a breakdown you do not have to urgently make an expensive purchase and take out a loan from the bank again, you can use a specific product - product insurance.

How does insurance work?

Insurance programs often cover portable devices, which include video cameras, tablets, laptops, and other devices. The most common insurance cases:

mechanical damage;
theft and other illegal actions of third parties;
debiting money from an account as a result of fraud;
natural disasters.

If an insured event occurs: algorithm of actions

Before purchasing a policy for a gadget, study the sequence of steps that must be taken in the event of an insured event. It is important not to miss a single point and complete all necessary documents. Otherwise, it will be impossible to receive compensation.

Do not rush to repair the device from private repairmen or yourself, otherwise you will be denied a refund.

To receive insurance compensation:

make a call to the number specified in the contract or on the official website of the insurance company;
report what happened without emotions, unnecessary words, or rude demands;
if a fire occurs, report to the State Supervision Authority; in case of a robbery, contact the police; in the event of a natural disaster, contact the Ministry of Emergency Situations or a hydrometeorological station in order to obtain paper confirming the events;
Get an opinion on the cost of damage from the warranty service center.

A package of documents that will be needed to receive a refund on insurance:

a copy of the applicant’s identity document;
originals of certificates and papers from various authorities about the occurrence of an insured event;
copy of the policy;
a copy of documents confirming payment of the premium to the insurer;
copy of the warranty card;
report on damage from the service center;
original documents confirming payment for goods - account statement, sales or cash receipt;
statement about the occurrence of an insured event.

It is necessary to carefully study the terms of the insurance contract, which contain a list of cases that are not considered insurance.

Phone insurance refund

Some people buy a phone for a relatively short period of time, so for them there is no point in insuring the gadget.

Many people do not use insurance because it seems to them that it is impossible to receive compensation in the event of an insured event due to numerous conditions.

For example, compensation is paid only for damage that interferes with the normal operation of the device.

When trying to get your money back, difficulties may arise:

insurance companies refuse to pay compensation if the user has lost the original packaging of the insured product;
the damage is often not fully compensated;
theft is difficult to prove; insurers insist that the gadget was hidden by the user in order to receive money;
the policy has a validity period, so at the time of the insured event it may either not begin or end;
It is not easy to obtain a refund of the insurance amount during the cooling-off period*, so policies are imposed by managers, and the buyer is forced to agree.

*The cooling period is the first 14 working days, during which a citizen has the right to return the paid insurance premium if he cancels the policy.

How to return your phone under warranty and get your money back

If, when checking in the store, the phone worked, and upon arriving home or later the owner of the gadget discovered a malfunction in it, then in order to receive compensation there is a mandatory condition: the warranty period for service must not expire at the time of the call. A refund for a broken phone under warranty is possible within 14 days from the date of purchase.

To do this, you need to draw up and submit a claim in which you describe the defect in the product that caused the return: for example, a broken screen, a chipped case. The insurer is obliged to respond within 10 days.

After contacting the store with a complaint, the phone will be taken away for repair. If a manufacturing defect is discovered, the phone will not be returned after repair.

The warranty period and the service life of the gadget are different concepts. If there is no warranty, then you can return the phone during its service life (2 years from the date of purchase). If the service life is not set by the manufacturer, then the gadget can be returned within 10 years.

Required condition: the device has a significant and irreparable defect. If the seller believes that the malfunction was caused by the actions of the buyer, the latter has the right to conduct an examination at his own expense.

If the expert’s report confirms the citizen’s position, you can go to court or try to resolve the issue peacefully.

Refund for broken phone

Have you recently bought a phone, but accidentally broke it so that it is impossible to use? File an insurance claim! Attach documents to your application and wait.

The insurance company may ask for an estimate of the cost of repairs from the service center. If it exceeds the cost of the device itself, then the device will not be restored. Such a certificate may be paid, but the insurance company is obliged to return this amount.

The application and documents are reviewed for 30 days, during which they must call you and inform you of the decision. Then you come to the office and hand over the broken gadget. All that remains is to withdraw the money or wait for the funds to be returned to your bank account.

If you break or break a phone that is insured, you can safely demand a refund. Consumer Protection Law is on your side!

Source: https://pradialog.ru/vozvrat-deneg-za-uslugu/kak-vernut-dengi-za-razbityj-telefon-po-strahovke/

Can a broken screen be repaired under warranty?

And if the defect in your phone was not associated with an impact, then you need to contact the seller and insist that the phone be accepted for repair. The seller will most likely try to refuse, because... the product has mechanical damage, in this case, insist on an examination by the seller to confirm that the defect is not related to an impact, but is of manufacturing origin. I am ready to advise in more detail on further actions if we are talking about a defect that did not arise due to an impact.

Broke during warranty

There are two types of guarantee. 14-day return guarantee - this is provided by the store so that the buyer can return a non-prohibited or broken product within the first two weeks for personal reasons. However, phones are technically complex devices, and they can only be returned if some kind of breakdown has occurred or a malfunction has been identified.

Then the quality guarantee comes into force - this is a set of rules and conditions that guarantees you the repair of the gadget, its return or exchange if the purchased product turns out to be of poor quality. In this case, the violation of quality must be the fault of the manufacturer or seller, so if you dropped the phone on the sidewalk and broke the screen, this is your personal problem and negligence (unless the manufacturer did not guarantee the “unbreakability” of the display).

In other cases, you can write a complaint to the seller that you were sold a defective phone. To do this you need:

Take the receipt, documents and phone box (by law, you can do it without the box and accessories, but stores often refuse due to their lack);
Take the phone and its warranty;
Ask for a claim sample or download it from the Internet, fill it out;
Duplicate the claim - it must be in two copies;
Hand over the claim, telephone number and copies of related documents to the seller so that he can carry out an inspection;
Wait for the result of the inspection - up to 30 days if expert help is needed, and immediately if the defect was obvious;
Agree with the seller on further actions - repair in accordance with the warranty conditions, exchange, refund.

If the phone is taken away by experts, you should receive a full report on the faults they found. At the same time, you will have to pay for the inspection if it turns out that you are to blame for the breakdown.

If you have lost your receipt, then by law you have the right to confirm your purchase with any documents, witnesses or video footage. Refusal to accept a claim without a receipt is not justified and is a violation of your rights.

The warranty repair period is 45 days, and if after this the breakdown has not been fixed and the gadget has not been returned to you, you can demand compensation for its full cost.

Remember that if you want to get your money back for your phone, you will first have to consider all other options - repair or exchange . In some cases, sellers who consider the breakdown a minor nuisance may offer you a discount and give you part of the money. In this case, you will have to fix the problem yourself. If the phone comes with a manufacturer's warranty and you want to get it repaired, you will be directed to a service center. You can find the addresses and phone numbers of official centers in your phone warranty card. You need to contact them if the seller or store does not have its own experts or you just want to fix the problem and not demand money or a replacement gadget.

Should the phone be replaced if the screen is broken, but the fault is different?

After this, I consulted with the Consumer Protection Department, which explained to me that the seller is not a specialist and cannot give opinions about those. device condition. They must accept it, send it to the ASC, where a specialist must check the device and give a conclusion as to whether a violation of operating conditions was the cause of the incorrect operation of the equipment.

Everything is standard - write a complaint to the seller, ask to have the phone repaired, if they refuse, ask for a written refusal and make it clear that then you will immediately go to court if the refusal does not contain evidence that the screen is to blame for the problem. And then, I’m afraid, you’ll have to go to court, but the service center will also refuse to fix the seller, and at your own expense you’ll have to write and justify so many pieces of paper, which is easier through the court.

If you dropped your phone under warranty and broke it, then repair it - Legal assistance from a lawyer

Collect all documents related to your question and make copies of them 2. File a claim. In it, indicate all the nuances and circumstances of your question. For example, the document must include:

Which organization did you purchase the phone from?
Her contact details.
If you remember which seller sold it to you, then the first and last name of this employee.
Your details – full name, residential address, telephone number.
Information about the device - model, brand, cost, detected defects and malfunctions.
Requirements. For example, you want warranty repairs to be carried out. If the deadline has not passed, please indicate this.
A list of documents that will confirm your words. For example, a copy of the refusal received, a copy of the examination performed.

Place a date and signature at the end of the document. Sample claim: Sample claim: 3.

Important

Go to court If Rospotrebnadzor was unable to influence the selling organization, then write a statement of claim to the court. It is processed in the same way as a claim. It’s just written in a more formal style.

Remember, the statement of claim must comply with the norms and requirements specified in Article 131 of the Code of Civil Procedure of the Russian Federation. In the statement of claim, be sure to indicate your requirements in relation to the defendant! Along with the application, copies of documents are submitted - decisions of previous authorities to which you applied. A real example of a statement of claim filed in a Moscow court: 6. Wait for the decision The judge will be able to make a decision after looking at all the documentation. He may order an independent forensic examination. If you are right and your claims are justified, all expenses will be borne by the company that sold you the defective phone.

Can I return my phone under warranty if it is damaged?

Attention

We will tell you more about warranty repairs and determine what to do in case of failure. articles:

Warranty phone repair periods
Warranty and non-warranty types of phone malfunctions
What to do if your phone is refused warranty repair - instructions

Phone warranty repair periods - how is a phone or smartphone repaired when the warranty ends? Repair of a phone or smartphone under warranty is possible within a certain period of time.

According to Article 20 of the Law “On Protection of Consumer Rights”, equipment will be repaired within 45 days. Elimination of the defect or breakdown must begin immediately.

My phone broke under warranty - what are my rights?

The seller (manufacturer), authorized organization or authorized individual entrepreneur, importer is responsible for defects in goods for which there is no warranty period, if the consumer proves that they arose before the transfer of the goods to the consumer or for reasons that arose before that moment. In relation to goods for which a warranty period has been established, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer is responsible for defects in the goods unless he proves that they arose after the goods were transferred to the consumer as a result of the consumer’s violation of the rules for use, storage or transportation of the goods, actions of third parties or force majeure. 7.

Actions in case of non-warranty damage to the screen of Apple equipment

After a problem has occurred, the first thing you need to do is find out whether the warranty period for the Apple device has expired. Of course, the warranty does not cover a broken screen resulting from a fall on asphalt, but this is important because after a fall, almost any component of the device can be damaged, even the processor. For example, after replacing the glass on an iPad in an inexpensive workshop, the warranty will automatically be canceled after such an “invasion.” To maintain the warranty period, you must contact an authorized reseller who has received permission to repair equipment and has original spare parts in its arsenal.

Legal assistance

It is difficult to imagine our life without TV; for many it is a source of information, a way to relax and have fun. Like any household appliance, the TV requires careful and careful handling. This is especially important for the largest, most expensive and fragile part of it – the screen.

If the TV model is already outdated, then most likely it will be impossible to buy a matrix designed for it in a store. However, in this case, you can contact service centers that buy back non-working TVs; perhaps they will be able to select a “donor” for the damaged device. You can repair a plasma TV if the screen is broken and when the model is expensive and has a huge range of different functions.

Almost everyone encounters mobile phones. And when purchasing a new device, the issue of warranty service is relevant. Breakdowns happen, and defective equipment also comes across quite often. And its owner should know what he can do in this situation and what he can count on. There will be two main aspects in this matter - warranty repairs or return of equipment under warranty.

A modern smartphone is a fragile thing, especially its screen. The tempered glass that covers the displays for protection is almost resistant to scratches and light impacts somewhere in the middle. But from landing on a hard surface, and even if the smartphone hits the corner or edge of the screen, it’s easy to break it. Sometimes only the glass cracks, while the display itself continues to show the picture normally, and sometimes the image disappears. In some cases, the sensor remains in working condition, and in others, it stops responding to the finger.

There are several options for damage, and what to do if you break your smartphone screen depends on the type and scale of the damage. Therefore, let’s try to figure out what’s what and draw up a further course of action. It should be noted right away: if certain areas of the display do not work, there is no need to try to make it respond to your fingers by increasing the pressing force. After all, you can cut yourself on a chip or drive small pieces of glass into your skin.

Claim

The claim must have a clear structure and fully describe what happened, what the actions of the store and your actions were, what you demand and within what time frame. The response to the complaint must be provided within 10 days from the moment it was signed by the store manager. Be sure to make sure that the manager has signed it - otherwise it has no force and “it seems like it didn’t exist.”

Sample claim for return of goods.doc

Also, tell the seller or Rospotrebnadzor your details and attach the results of checks (if you have them). This will ensure a faster review of your case and a successful conclusion.

What to do if the screen and sensor are working

If you break the screen of your smartphone, but it continues to show the picture, and the sensor responds to your fingers, there are two options. If the device does not have an air gap between the screen and the sensor, then only the glass is damaged, but the touchscreen remains intact. This design is found in almost all smartphones that cost more than $160-200, for example, in the iPhone. The second option is when there is an air gap. Then the sensor can be considered broken, but only its glass base is damaged, and the invisible sensor layer of conductors remains intact.

In the first case, the problem is eliminated by re-gluing the glass to a new one. You can’t do this on your own, as you need to disassemble the phone and heat it in a special installation to peel off the broken glass from the screen. Not all services carry out this procedure (an experienced specialist is needed here), but if you find a specialist, you can save money. The cost of repairs usually ranges from $15 to $100 (depending on the smartphone, as well as your country and city). The savings can be significant, because the original display for the same iPhone 6 with a replacement service can cost up to $150, and the glass itself can cost only $50. Therefore, if you break the glass on the screen of a new smartphone, but everything works, but the technician still talks about mandatory replacement for about $200 - you can try to find another technician who will only replace the broken glass. True, this is not always possible.

If the display has an air gap (in this case, when you press near a crack, the glass bends), then the sensor will have to be replaced. However, this is already easier; many more craftsmen are capable of doing normal repairs. The cost of replacing a touchscreen for a very popular or budget smartphone is from $10 to $30, plus the cost of labor (for example, in Ukraine - from 150 to 500 UAH, in Russia - from 1000 rubles). But for a rare model (for which spare parts are not mass produced) it may turn out to be twice as expensive.

What to do if you break the screen and it doesn’t work

If you break the screen and after that it either does not show (dark spots or areas filled with multi-colored patterns have appeared) or does not respond to your finger - everything is more complicated. For models without an air gap under the sensor, the entire display assembly will have to be replaced. The price of the issue depends on the model. For example, if you broke your iPhone 5S, you need to prepare to shell out about 30-50 dollars (the original screen is 1.5-2 times more expensive than a copy). On Xiaomi Redmi Note 2 or Meizu M3, the repair costs from 25 to 60 dollars (also depends on whether the spare part is original or a copy), and on Samsung Galaxy S7 Edge – all 300.

For smartphones with an air gap under the touchscreen (and this is the majority of Chinese-made devices, priced less than $120-130, and some models are more expensive), you can only replace the part that does not work. The price of the issue depends on the quality of the screen that happened to be broken and the complexity of the work. The replacement screen alone will cost between $25 and $50, and the sensor alone will cost slightly less. The popularity of the device also matters: for example, on the GSmart Mika M2, which cost about $100, the price of the assembled screen is about $50, and on the Xiaomi Redmi Note 3 Pro for $150 – from $20 (excluding the work of the technician).

Due to the wide range of prices in different workshops and service centers, if you break your phone, we recommend that you Google adequate prices before going to the repairman. You can do this simply by requesting something like “screen replacement/repair/price.” By comparing the offers of several services, you can determine where they are telling you a really favorable price for services, and where they are just trying to make good money on a girl who is not familiar with the intricacies of electronics repair and who accidentally broke her smartphone.