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

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).

Is it possible to exchange a phone with flaws?

After purchasing a cell phone, within 15 days, you have the right to return it only if you find defects in it.

That is, you can refuse the purchase and sale agreement and return your money or replace it with a phone of the same brand, model, article number.

You can also replace it with another phone with a corresponding recalculation of the purchase price of the phone. What is meant by a product shortage?

The defect of a product (work, service) is understood as the non-compliance of the product (work, service) with the mandatory requirements provided for by law or in the manner established by it, or with the terms of the contract (in their absence or incompleteness of the conditions usually imposed on the requirements), or with the purposes for which the product ( work, service) of this kind is usually used, or for the purposes of which the seller (performer) was informed by the consumer when concluding the contract, or for a sample and (or) description when selling goods according to the sample and (or) description.

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).

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.

If we are talking about a technically complex product

Usually we are talking about household and computer equipment, photographic equipment, and telephones. Quite often, people buy these goods on credit at a retail outlet or in online stores. These things fall into the technically complex category. Returning an item purchased on credit is possible, but not as easy as returning the same clothes.

To return equipment you need a valid reason. It is impossible to give it up because you didn't like it. There must be some kind of defect, only if there is one can the return procedure be carried out.

How do you return a credit item?

1. The buyer, having discovered a defect in the purchased product, has the right to return it within 1 year - this is the warranty period. Some manufacturers increase the warranty to 2-3 years, plus sellers often offer the purchase of an additional warranty.
2. The buyer comes to the retail outlet, brings with him the goods purchased on credit with a box, complete equipment and, most importantly, a warranty card (found in the documents for the equipment).
3. An application for an examination is drawn up on site. Please note that in order to get your money back, an expert examination is required, while sellers often insist on warranty repairs. If you choose the latter, we will discuss a return only if repairs are impossible.
4. The seller sends the equipment for quality control to a specialized center. An examination is carried out within 10 days, and the decision is announced to the buyer.
5. If a technical defect is detected, a refund will be issued. That is, after the notification, you can immediately come to the store and get cash from the cash register. Some can make transfers to current accounts, then the transfer is delivered within 3 days.

If the examination finds that the buyer himself is to blame for the breakdown, he will be refused a refund.

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).

What will happen to the warranty period after exchange/repair?

How exactly the warranty period will be calculated in the future directly depends on what the buyer decides to do with the product.
In this case, two options are possible:

1. In accordance with the third paragraph of the twentieth article of the law on consumer rights, in the case of warranty repair of the device, the warranty period is extended by as many days as the repair lasted.
2. In accordance with Article 21 of the same regulatory act, the exchange of goods is the basis for resetting the warranty period and starting it from scratch.

If, after receiving the expert’s opinion, the seller still refuses to replace the product or the warranty was not extended, the citizen can protect his rights in court.

Despite the fact that this procedure requires free time and leads to certain financial costs, the victim has a great chance of winning the case.

How you can return your phone to the seller within 14 days if you don’t like it - instructions.

You need to know this - how you can return your iPhone within 14 days.

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.

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.

If the claim procedure does not help

If the seller does not fulfill its obligations to repair or return the goods, all that remains is to file a claim in court to protect consumer rights.
The statement of claim, like a complaint, must contain a description of the circumstances of the purchase, defects found in the phone, calculations of the penalty, a requirement to the seller and references to regulations. In addition, the claim must include the following information:

• the name of the court in which the claim will be filed. The claim can be filed at the buyer’s place of residence or at the location (legal address) of the store. If the value of the claim (the sum of all declared claims) is less than 100,000 rubles, the claim is submitted to a magistrate. If the amount of the claim is 100,001 rubles or more, the statement of claim is sent to the district court;
• requirement to pay a penalty in the amount of one percent of the price of the goods for each day of delay and its calculation, but not more than the price of the goods (Article 23 of the Law “On the Protection of Consumer Rights”);
• a requirement for reimbursement of legal costs if the buyer applied for paid legal assistance, as well as the costs of conducting an examination;
• You can include a claim for compensation for moral damage. The court may award small monetary damages to compensate the buyer for his emotional distress.

Copies of all documents related to the case are attached to the statement of claim:

• check;
• warranty card;
• claims;
• response to a complaint;
• certificates of delivery and acceptance for repairs;
• examinations, etc.

All documents are sent in two copies: for the court and for the defendant. The court itself will send the documents to the store.

Sample statement of claim

The state fee for going to court in cases of consumer rights protection is not paid.

The statement of claim can be submitted to the court in person or sent by mail.

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.

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.

Expertise

During the examination, the transfer of the telephone is documented in an acceptance certificate, which includes:

• description or indication of the absence of visible damage to the integrity of the case and glass;
• information about the shortcomings or defects of the phone, in connection with which it is sent for examination;
• damage to the battery;
• presence or absence of traces of moisture.

The buyer is given a copy of the expert's report. If the seller did not provide it, you need to demand it. In case of disagreement with the conclusions of experts, an independent study is allowed, but at the expense of the buyer.

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.

Is it possible to return an item purchased in installments?

Returning goods purchased in installments is no different from standard returns. Installment is the same loan, only issued under special conditions. That is, first you need to resolve the issue with the store, then deal with the bank.

If we consider the question of whether it is possible to return a product purchased in installments, then this can be done within 14 days, and in the event of a breakdown of a technically complex product during the warranty period.

There are three types of installments:

1. From the store itself. Usually found in small stores. Here the issue will be resolved individually with management.
2. A joint product of a bank and a store. This is a loan that carries interest. But the store makes a discount on the product by the amount of these percentages. Therefore, in the end, when you return, you will receive less money than it was on the price tag, but after that you will be able to return the interest paid.
3. Installment card. There really won't be any interest. Having returned the money, you can simply close the obligation with it. No statements are needed. This is the most convenient option.