The warranty period for the cell phone is according to the law. Terms of phone repair under warranty

Buying a phone or home appliances is almost never complete without an insistent offer to buy additional warranty or insurance. For some reason, it is rarely possible to refuse an extended warranty certificate or an insurance policy. Sometimes the buyer finds out about the availability of a paid guarantee or insurance on the phone only at home by looking at the receipt. Site readers often do not even know what to do with all this happiness, and under what guarantee or insurance you can get a repair or a refund if something happens. We explain what's what.

Warranty period (basic warranty, legal warranty)

The warranty period is the period during which, if defects arise in the purchased product, it will be possible to make claims - including demanding a refund, exchange or free repair. Contrary to popular belief, it is not necessary to set warranty periods for absolutely all goods. The warranty period can be set at the request of the manufacturer or the initiative of the store. The duration of the warranty period is also not regulated by law, that is, the manufacturer and the store can determine the duration of the warranty at their discretion. However, in practice, new phones, household appliances and electronics are almost always guaranteed. The existence of the warranty period and its duration can be confirmed by a warranty card, check, warranty book and other accompanying documents.

Features of the basic warranty

• Basic warranty service is governed by consumer protection law.
• The basic warranty covers almost all defects of the goods, except those caused by violation of the rules of operation (defects due to the fault of the buyer, gulfs, mechanical damage, viruses, etc.), actions of third parties (children, thieves, Godzilla) and force majeure (hurricane, flood, etc.) etc.).
• Under the basic warranty, you can demand a refund, exchange, free warranty repair, a commensurate reduction in the price of the goods or reimbursement of the costs of eliminating defects in the goods - at the buyer's choice. However, there are nuances regarding technically complex goods, incl. smartphones and tablets. Read more in the article:
• You can apply under the basic guarantee to a store, authorized service centers, to a manufacturer or importer - at the buyer's choice.
• During the warranty period, the store may refuse a claim if it proves that the defect arose as a result of your violation of the rules of operation, actions of third parties or force majeure (part 6 of article 18 of the ZoZPP).

The basic warranty has another subtle advantage: claims for defects in goods can be made not only during the warranty period, but also within 2 years from the date of purchase. True, for this you will have to independently prove that the lack of goods arose before the moment when the goods were handed over to you. Roughly speaking, there is a manufacturing defect in the product. Most likely, you will have to do an independent examination, but if it is successful, you will not only be able to obtain a refund or exchange, but also receive compensation for your examination costs.

But that's not all! In addition to the warranty period, there is also life time. If it is not directly spelled out anywhere in the documents for the goods, it is considered that the service life is 10 years from the date of purchase. During the service life / 10 years, claims can be made to the manufacturer of the goods in connection with significant defects in the goods. To begin with, a claim is written about gratuitous repairs. The manufacturer has 20 days to resolve the claim. If this does not happen, you can demand up to a refund for the purchase.

Additional warranty (certificate)

The Consumer Protection Act gives traders and manufacturers the right to assume a so-called "additional obligation" in relation to product defects that become apparent after the expiration of the main warranty period. The conditions of this additional obligation are determined by the store / manufacturer itself and prescribed in a certificate or contract for the purchase of an additional guarantee, which is concluded with the buyer. There is no detailed legislative regulation of such paid additional guarantees.

Features of the additional guarantee

• The additional warranty starts at the end of the usual one.
• Additional warranty service is carried out by the store itself or by a specific service center authorized by the manufacturer.
• Most often, the additional guarantee does not give the right to a refund or exchange of goods, it only implies free repair. Although as free - did you pay for the guarantee certificate?
• All terms of service under the additional warranty are determined by the store or service center that sold it.
• If, according to the additional guarantee certificate, the goods cannot be repaired or they violate the repair periods specified in it, then you can ask for a refund for this guarantee.

A typical example of an additional warranty certificate for a telephone, photo: forum.ozpp.ru

Does it make sense to buy an additional warranty for the product?

When purchasing an additional warranty, carefully read its terms and conditions. Pay attention to how long and what specific guarantees the store gives you, where you can repair the equipment, whether you can get money or an exchange. The duration of the additional warranty must be calculated from the date of the end of the main warranty period, otherwise it turns out that the store will charge you money for what it is already obliged to do free of charge under the consumer protection law.

Insurance (insurance policy)

Voluntary insurance of telephones and household appliances is an additional service that is offered in addition to the main purchase. The insurance works in parallel with the regular guarantee and is usually intended for those cases that are not covered by the legal guarantee. This can be mechanical damage, theft, bays, etc. You can get a refund for insurance from the insurance company, the store has nothing to do with it.

Features of insurance for equipment

• Service rules for insurance for equipment are determined insurance policy and insurance rules(each insurance company has its own), as well as insurance laws (for example, the Civil Code).
• The insurance is valid for the period specified in the policy. Most often it is 1 year.
• Insurance compensation can be in the form of a cash payment, exchange, organization of repairs in a service center, compensation for repair costs, etc. - as provided specifically by your contract.
• You can receive a refund on an insurance policy only in those cases that are covered by this insurance (see the section on insurance risks and insured events).
• When an insured event occurs, you need to contact the insurance company, and in the absence of a positive decision, write a claim and file a lawsuit.

I have an additional warranty, insurance, and a regular warranty. How to understand why a phone can be repaired?

• During the warranty period- if you didn’t drop your phone, didn’t break it, didn’t flood it, followed all the rules of operation, the defect is presumably a manufacturing defect, you must use the usual warranty. Go to a store or an authorized service center. For ordinary goods, you can not carry out repairs, but immediately demand a refund or exchange. For technically complex goods, it is most often possible to obtain a return or exchange based on the results of at least one warranty repair.
• During the validity period of the insurance- if the case is clearly not guaranteed or you were denied warranty service, check your policy and insurance rules. You may be able to get something from the insurance company.
• After the end of the warranty period- repair is possible under an additional guarantee (certificate).

I was sold an extra warranty on the phone. Can I get a refund for it?

Yes it is possible. There are 3 cases when a refund can be requested.

1. Additional guarantees are simply not needed.
   If you do not need an additional guarantee, you can refuse it and receive up to 100% of the cost (if canceled before the start of the additional guarantee). To do this, write to the store a claim under Article 32 of the Law "On Protection of Consumer Rights". Under this article, you can at any time cancel the contract for the provision of services, provided that the contractor is reimbursed for the actual costs incurred.
   Details: Example of a claim:

• The additional warranty has not expired- you can count on a refund of up to 100% of the cost.
• Additional warranty is already in effect- in the absence of requests for repair, most often you can get money in proportion to the unused period of the warranty.
• Additional warranty expired- No refund is possible, even if you have never exercised your right to repairs under the additional warranty.

1. An additional guarantee was imposed.
   When buying, you were forced to pay for an additional warranty, because buying a phone is allegedly impossible without it. Article 16 of the Law "On Protection of Consumer Rights" explicitly provides that the purchase of one product (telephone) cannot be conditional on the mandatory purchase of another product (certificate for additional service). Unfortunately, it is more difficult to prove the fact of imposition. It is better to use this base as a last resort and if not very much time has passed since the purchase.
2. Denial of service under additional warranty.
   A refund for the additional warranty certificate is also possible if you were unreasonably denied service or violated the stated repair time. In this case, you can write a claim for a refund for additional warranty in accordance with Articles 28 or 29 of the Law "On Protection of Consumer Rights".

Can I get my phone back for insurance?

You can get money back for unnecessary insurance during the cooling period. Now by law it is at least 14 calendar days from the date of the conclusion of the contract (it may be longer, if so written in the policy and rules). Until 2018, the cooling period was 5 working days. Of course, a refund is possible if you have not yet received insurance claims. During the cooling off period, a part of the insurance price can be refunded in proportion to the unused time. If the cooling-off period has already expired and there is no longer any other reason for refunding the paid insurance premium in the policy with the insurance rules, then the money will not be refunded.

Last week we covered a few common myths about mobile warranty, and today we'll answer a few more questions.

What is the minimum warranty period?

The minimum warranty period is not defined by law, but manufacturers of smartphones and tablets, as a rule, do not skimp and guarantee the performance of their products for at least a year. Some stores, along with the product, sell an additional warranty that extends the validity of the main one by another year or two. To buy it or not is up to you, but if you still decide, take a look at the device's warranty card - it happens that the store does not initially give the same guarantee as it says there (for example, 12 months instead of 24). This is illegal, the warranty cannot be less than the one set by the manufacturer, so sometimes it makes no sense to buy an additional one. If the product is broken, then the warranty is extended for the time that it was being repaired, and if you have changed the product for a new one, the warranty is re-calculated. If the warranty period for the product is not specified (it also happens), it is automatically considered equal to two years. So it is written in paragraph 1 of Article 19 of the Federal Law "On Protection of Consumer Rights".

Do I need a receipt when returning an item?

Almost all stores require a receipt to be shown when accepting defective goods. It is not necessary to do this, according to paragraph 5 of Article 18 of the Federal Law "On Protection of Consumer Rights", you can prove the fact of purchase in a different way. This may be the testimony of witnesses, and if the payment was made using a bank card - a bank statement or a screenshot of the payment from the bank's mobile client. You can also ask to bring up financial documents for the day you bought the item, indicating the approximate time of purchase and price.

When refunding money for defective goods, some stores ask for the customer's passport data and residence address, but they do not warn that this is optional. On the seller's letterhead or in the return request, you can indicate that you refuse to provide this information, you do not need to give a reason.

What is the guarantee for online purchases?

When buying a product in a Russian online store, the same guarantee applies as if you bought it at a regular outlet, but there are several subtleties that sellers prefer to keep silent about. First, the seller must warn you that you have the right to return the item without giving any reason within seven days after you received it. If there was no such warning in writing, you have the right to return the item within three months. However, you will have to pay for the seller's shipping costs and pay for return shipping. The item must retain its presentation, that is, it must look like new.

Secondly, if you paid for your purchase, but delivery is delayed for some reason, you can claim a refund. The delivery time must be indicated either when concluding a contract with a representative of the online store, or on the website during ordering. According to paragraph 3 of Article 23.1 of the Federal Law "On Protection of Consumer Rights", for each day of delay in delivery, the store is obliged to return you half a percent of the amount of the advance payment for the goods. The total compensation cannot exceed the prepayment amount.

Is the gray product covered by the warranty?

With a gray product, everything is a little more complicated than with a legally imported one. For a refund for a defective item, you will have to contact the seller, and it is better to do this in the form of a certified letter. For repairs, you can contact the seller or the service center of his choice. Some manufacturers have resigned themselves to selling gray goods and repair their devices in any country, regardless of where the purchase was made. The warranty period must be indicated in the manufacturer's company warranty card; the seller, again, has no right to underestimate it.

The phone warranty is valid for a strictly limited time, its duration is determined by the legislative norms of the Russian Federation.

It is difficult for a modern person to imagine life without a mobile phone. This gadget allows you to be always in touch, take photos and videos in any mode, freely access the Internet, manage accounts online and has many more useful functions.

Mobile phones have a mandatory warranty period, which allows the consumer to return them to the store or make free service or repair of breakdowns that are of factory origin.

The purchase of a mobile phone should be approached with the utmost responsibility. The consumer should know several important aspects directly related to this type of gadgets. The main rule is that cell phones are included in the List of technically complex goods that cannot be returned within 14 days. A consumer cannot return a serviceable device to a store based on the fact that it does not fit in size, color or characteristics. For this reason, all the nuances should be considered before purchasing. There are still loopholes in this limitation, the buyer will be able to return the purchased high-quality mobile phone, provided that he proves that the information received from the seller about the properties of the phone is incorrect or that he is silent about essential points that run counter to the person's initial task. It is difficult and time-consuming to prove this fact, so it is better to protect yourself from such moments.

When you make a purchase for your mobile, the manufacturer's warranty begins. It is counted from the date of purchase, which is confirmed by a check or a issued warranty card. In most cases, manufacturers provide a year of warranty service, at least two. During this time, the owner of the gadget can state his claims based on the identified defects and demand the replacement of the device or its free repair.

Purchase of low-quality goods

The warranty period allows the buyer to contact the seller or manufacturer with claims for a defective product. You should focus not only on the terms specified in the product documentation, but also on the legal norms. The Law "On Protection of Consumer Rights" No. 2300-1 establishes a warranty period for goods for two years. If the manufacturer has provided for a shorter period and, after its expiration, the owner has identified a manufacturing defect, the buyer also has the right to claim satisfaction of his claims.

In accordance with article 18 of the ZoZPP, a buyer who bought a defective product can:

1. Hand over the gadget and get the money paid back for it.
2. Demand partial compensation for the cost.
3. Exchange for an identical product.
4. Replace it with a mobile phone of a different model and / or manufacturer.
5. Apply for warranty repair of phones.

Each claim has its own limitations and requires compliance with the mandatory conditions.

Exchange of goods

Exchanging your phone when it detects a factory defect is the most commonly practiced solution to the problem. Most cell phone manufacturers not only do not discourage such replacement, but also promote it. The exchange is convenient for the seller, as it allows him to save the proceeds. The manufacturer, having received back the defective product, can correct the defects found in it and sell it again. In theory, it should also be convenient for the buyer, because it allows him to get a new gadget at his disposal almost instantly.

By law, a defective product can be exchanged for:

1. Identical in model, color, parameters.
2. Another of this class of goods.

The monetary difference arising from the exchange is compensated by the consumer when the initial cost is exceeded, by the seller when it decreases.

Refund

It is not possible to return money for a technically complex product such as a mobile phone in all cases.

You can exchange a defective mobile phone for money if the marriage is found in the first 14 days. Subsequently, you can initiate the delivery of the gadget with the receipt of the entire amount back only if the following conditions are met:

1. Significant defects of the product have been identified.
2. The seller was unable to repair the damage within the legal deadline.
3. The repair periods combined in one year of warranty exceed 30 calendar days, which violates the rights of the purchaser.

Any of the listed conditions allows you to unilaterally terminate the sale and purchase agreement and demand a refund even if the goods were purchased on credit.

The seller, of course, is not interested in refunding money for the goods to the buyer, therefore, it is on his shoulders that most of the procedure for protecting his own rights and guarantees falls.

Return or exchange procedure

Any mobile phone can break. Even Apple suffers from an ever-increasing number of defective products. This fact should not frighten the consumer, knowing their rights, it is easy to demand compensation for damage. By law, you can give a broken phone either to the store where it was bought, or directly to the manufacturer. In most cases, it is quite difficult to resort to the second kind of returns, so you should proceed according to the following scheme:

1. Come to the store and tell the seller about the problems that have arisen.
2. The administration of a shopping facility often meets customers halfway and helps to carry out the procedure for returning the device. If this does not happen, then the claim is drawn up by the owner of the equipment on his own using samples that are easy to find on the Internet and, in particular, on this site.
3. Hand over the application to the store manager and receive written evidence of acceptance of the claim from him. It is also practiced to send an application by mail, and a registered letter receipt will prove that the appeal really took place.

The seller is obliged not only to consider, but also to respond to the application. The exchange of goods is carried out in a short time, and in the absence of the required model, no later than 30 days from the date of filing a claim. Refunds must be made within 10 calendar days.

Broken phone

A cell breakdown does not always allow the owner to count on its return or exchange. Moreover, the store may refuse to even repair his shop. The main advantage that the seller tries to use when making claims from the buyer is the wording of the Law. Article 18 states that technically complex goods are subject to return or exchange only upon detection of a significant defect. This term means the fact when the detected defect cannot be eliminated or certain properties of the gadget will be lost during its repair. That is why often when a mobile phone fails, it is worth counting only on repairs.

Damage caused by improper use is repaired at the expense of the consumer. Therefore, cracks, chips, dents on the case or glass of the gadget are clear signs that the inoperative state was acquired due to poor handling, and not through the fault of the manufacturer. Such defects will not be covered by the warranty.

Warranty repair conditions

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

For service, the buyer must have a purchase receipt and a warranty card for the equipment with him. According to the law, when handing over a mobile phone for repair, the seller is obliged to give him another device in return for performing all the necessary functions during the absence of the gadget.

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

Return of goods after repair

It is not worthwhile to repair phones that are under warranty on your own, in places not intended for this. Such treatment may void the warranty period.

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

1. Make sure the defect has been repaired.
2. Obtain an act on the repair performed, with the dates of service indicated in it and the cause of the breakdown.

It happens that the primary elimination of defects does not solve the problem, or other defects and malfunctions begin to emerge as a result of repairs. In this case, the consumer can hand over the device for repeated repair, and if the term of previous repairs has 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 repair performed and the timing of its duration.

Actions in case of refusal to repair

Warranty denial may or may not be justified. The seller has the right to refuse the consumer if:

1. There is no evidence that the item was purchased from this store.
2. There are obvious traces on the device that the owner has dropped or drowned it.
3. There are traces of self-elimination of problems, and it does not matter by whom they were produced.

Before buying a new mobile phone, many are interested in the warranty period. This is quite justified, because it costs a lot, and repairs in the event of a breakdown will also cost a lot.

Manufacturers and sellers of mobile equipment set warranty periods for it, focusing on the current legislation. We will consider the main provisions regarding these terms in the article.

By law, it is impossible to return or exchange a high-quality phone.

Unlike other goods, it is impossible to exchange or return a properly working and high-quality phone within two weeks after its purchase.

This is due to the provisions of the Federal Law "On Protection of Consumer Rights" (hereinafter - the Law), which notes the impossibility of such a return in relation to some goods. Their list is approved by the Government of the Russian Federation and, in addition to many other electronics, includes mobile phones.

Article 19 of the Law provides a list of rights that a buyer of a low-quality phone can exercise:

• return of goods to the store;
• exchange of a phone for the same;
• exchange of goods for another, with compensation for the difference in value;
• getting a discount;
• free repair.

In the event that a manufacturing defect was found in the phone, the buyer can exercise any of the listed rights (of his choice), but only within 15 days from the date of purchase.

After 15 days from the date of purchase, it will be possible to return or exchange the phone only in the following cases:

1. A significant flaw was found in the product. This is understood as a state of the phone in which this drawback: is not eliminated the first time; appears again even after repair; requires a lot of time or money (for example, commensurate with the cost of a phone); makes further use of the product difficult or impossible.
2. Due to defects or deficiencies, the use of the product becomes impossible for 30 or more days a year. For example, if the phone has been under long-term repair several times (15-20 days each), this is already the basis for its return.
3. The seller or the manufacturer violates the established period for the repair of the goods. This period is determined by the parties on a voluntary basis (it is better to secure this agreement in writing), but cannot exceed 45 days.

The maximum period during which a claim can be made is two years. In this case, you will have to prove that at the time the customer received the phone, it was already defective. This is done by examining the goods.

Return or exchange procedure

To return or exchange a defective product, you must contact the store and write a claim to the seller.

The buyer leaves one copy of it at the point of sale, the second one takes it for himself, having previously received the signature and surname of the seller on it. If there are no objections on the part of the latter, the product changes or the money is returned for it. In other cases, you need:

• contact Rospotrebnadzor;
• file a lawsuit.

Most often, disputes are resolved precisely in court, especially when it comes to returning the phone after 15 days from the date of purchase. Before the court hearing, it is imperative to conduct an examination of the goods, which must be paid by the seller.

It is worth going to court if the expert opinion confirms the manufacturer's guilt in breaking the phone. Otherwise, the court is unlikely to make a positive decision, and the buyer will have to return the money spent on the examination to the seller.

When can you expect a warranty repair?

In most cases, the phone warranty implies free repair during the warranty period.

In most cases, the warranty provided on the phone just implies its free repair in the event of a breakdown.

The duration of the warranty period is set by a specific store, but cannot be less than 15 days. For mobile phones, this period is usually six months or a year.

You can apply for a warranty repair:

• to the store where the purchase was made;
• to the service center.

The buyer himself decides where to contact him. At the same time, the cost of diagnosing a phone, even if there are no shortcomings in it, is free for the consumer. After the completion of the repair, it is imperative to take a document confirming this from the service center - an act of work performed. It states:

• the nature of the detected breakdown and the measures taken to eliminate it;
• date and duration of the repair;
• surname and signature of the employee who carried out the repair of the phone.

If, after repair, the user has problems with the product again, this document will prove that there is a significant flaw in it.

Grounds for denial of warranty service

The seller may refuse to repair the phone under warranty if the buyer:

• is guilty of breaking the phone (for example, he dropped it on the floor or in water);
• tried to make repairs on his own;
• used the product inaccurately or not for its intended purpose;
• violated the requirements prescribed in the instructions.

Consequently, all breakdowns and problems with the phone that have arisen through the fault of the user or as a result of extraneous influence must be eliminated by him on his own. The seller in these cases does not bear any responsibility. The buyer can apply for repair services elsewhere or simply pay for them at the service center.

When exchanging or returning a phone, difficulties often arise due to the fact that this product belongs to the category of technically complex. It can be returned or exchanged only if there is a significant defect and within the time period established by law.