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Warranty card for a mobile phone. What is the legal warranty period for cell phones? What is included in the phone warranty

07.04.2015

When buying a phone, it is important not only to get full information about its configuration and functions, but also ensure that the documents are properly completed. This is necessary so that in the event of a breakdown, the consumer does not have problems repairing the phone. Moreover, phones often break down or their functions fail.

Making a phone purchase

When making a transaction, it is the seller's responsibility to issue a check. Only a receipt or contract is proof that the phone was purchased from this seller, so you should not agree to any other document.

A warranty card is a document that is issued upon purchase of a product and confirms that the seller has obligations to service and repair the product if there is reason to do so. Often sellers accidentally forget to fill out the warranty card. The buyer’s task is to ensure that all columns of the warranty card are completed.

The warranty card must indicate:

  • model, serial number and name of the product;
  • date of completion of the purchase and sale transaction. This item allows you to correctly calculate the period during which the warranty will be valid;
  • warranty period, which must be no less than established by law warranty period to the phone;
  • information about the seller (details, name, address), signature of his representative and seal.

IN warranty cards contains addresses of service centers and coordinates of the manufacturer. Having a warranty card in hand and needing a phone repair under warranty, the consumer can contact a service center that has a service agreement with the device manufacturer. In addition, many seller companies have their own service centers. The warranty card must be printed on high-quality paper and have clearly written text.

How does the phone warranty work?

Repairing a phone under warranty is a rather complicated process, since not every breakdown is covered under warranty. When your phone breaks down, the first thing to do is contact the service center with the warranty card. The consumer must ensure that his comments on the operation of the telephone are recorded by the manager. In addition, it is advisable that the phone is opened in the presence of the consumer, so that he can make sure that there is no corrosion or damage inside the case.

If everything is in order with the registration of the warranty card, the service center will issue the consumer with a technical examination certificate. The document must be signed by two engineers.

Cases that are not covered by the warranty:

  1. the warranty card does not contain the signature of the buyer, seller or store seal;
  2. the serial number of the phone does not match the number written in the warranty card;
  3. the phone has been used with components or accessories that are not approved by the seller or manufacturer;
  4. before contacting the service center, they tried to fix the phone themselves;
  5. the phone is damaged as a result of fire, natural disasters or domestic factors;
  6. the rules for storing and using the phone were violated.

Time frame for repairs and elimination of deficiencies

Typically, the process of repairing a phone under warranty, unless otherwise specified in the text of the contract, takes 45 days from the moment the consumer contacts the service center. If the consumer needs a replacement phone, the seller must provide it within three days upon a corresponding application from the consumer. If this is denied to the consumer, he has the right to file a claim with the representative office of the manufacturer.

When, If the phone's deficiencies cannot be eliminated, the consumer has the right to demand:

  • replacing this product with a similar one;
  • terminate the contract;
  • reduction in price relative to identified deficiencies.

If they refuse to accept the phone, demand a written refusal, with which he can then contact the manufacturer.

The process of contacting a service center for phone repair does not require additional legal advice, except in cases where they are directly violated - they illegally refuse to accept the phone or violate the terms of repairing the phone under warranty.

Nowadays, phones are an integral part of life. modern man. When purchasing a new communication device, customers often ask about the availability of warranty service. .

No one plans ahead for phone breakdowns, but they still wonder whether there is a warranty period for repairing this gadget.

The warranty period gives any buyer confidence that if some kind of breakdown occurs with his phone, he will be able to return it for repair within the prescribed period.

But warranty repairs do not always live up to their name. Quite often various unpleasant nuances emerge. It is advisable to be informed in advance about these issues.

Let's look at what problems can arise during warranty repairs and how to avoid them.

How long does it take to repair a mobile phone under the current warranty?

When choosing a phone and receiving information about the technical properties of the product, do not forget to ask about the warranty repair period.

Majority famous manufacturers mobile gadgets, such as Nokia (Nokia), Lenovo (Lenovo), Sony (Sony) and Samsung (Samsung) set a one-year warranty repair period for their products.

What does this deadline mean?

This means that if the phone breaks down during the warranty period, the person who purchased the product can count on it free service and repairs (if necessary).

What services will be provided to the client during the warranty repair period:

  • repairing a breakdown or replacing a product;
  • the warranty repair period will be extended by the time during which the phone was under repair;
  • at the service center, according to Art. 20 clause 2 of the Law on Protection of Consumer Rights, are obliged to provide the buyer with a similar telephone so that the buyer does not experience inconvenience during the absence of mobile communications;
  • complete replacement of a faulty phone with another device (in case the repairmen were unable to solve the problem);
  • The service center must resolve any problems that arise within 45 days, no more.

Unfortunately, buyers are often unaware of the rights they have as consumers. This is especially true for warranty repairs.

The Law “On the Protection of Consumer Rights” states that while a broken phone is under warranty repair, the owner must be presented with a similar product that matches the parameters of the purchased one.

This must be done at the service center where the buyer contacted. Based on the application, within three days the client is required to allocate new phone.

Important! In case of refusal this requirement, the seller will pay a penalty, which is equal to 1% of the price of the phone on the market. This amount will be charged for each day of repair.

In Art. 20 of the Law on the Protection of Consumer Rights states that there is a 45-day period allocated for repairing a phone at a service center. In addition, repairmen do not have the right to delay the process and must deal with the gadget immediately after it arrives at the service center.

How to return your phone for repair under a warranty service agreement?

Let's look at what steps you should take to submit your phone for warranty repair.

First of all, find the packaging from the device, fiscal receipt, warranty card (to be completed by the seller at the time of purchase). Without these documents, you are unlikely to be able to return your phone for repair.

Note! Often manufacturersLg, Nokia, LenovoThey require you to hand it in along with your phone and Charger, but this requirement is not mandatory.

Among the documents that are issued to the client when purchasing a phone, a list of service centers and their addresses is also issued. Take the phone for repair to the exact store where you made the purchase. Then it will be sent to a service center for repairs.

On initial stage Service center employees conduct an expert assessment of the phone’s condition and diagnose it.

Your presence may be optional, although you have the right to do so every right. This is necessary so that the service center employees enter correct data about the condition of the device.

During the examination, the phone is examined and the fact of the presence of an external influence that could cause a breakdown is recorded. External damage, if any, is also recorded.

If there is no damage caused by mechanical impact, the device is accepted for repair. Sign an agreement with the service center that specifies the repair time frame.

When you accept the device for repair, write an application for the temporary replacement of your phone with another device of similar parameters. If the service center has provided you with this opportunity, then you can use the new phone until the warranty repair is completed.

What to do if the product repair time exceeds?

Duration of warranty repairs

Many people are interested in the question: how long will the repairs take?

The law protects the rights of the buyer. And commodity producers, as well as distributors of their products, are obliged to comply with the articles of this Law.

In Art. 20 of the Law on the Protection of Consumer Rights states, in particular, that telephone repairs must be carried out as soon as possible. If speak about minimum period– then assistance in troubleshooting the device should be provided immediately. The maximum repair period is 45 days.

The above warranty repair periods apply to all mobile phone manufacturers.

Based on Art. 18 of the Consumer Rights Protection Law, you can demand that your faulty phone be replaced with a new one if the service center exceeds the repair time.

The phone that is issued as a replacement for a faulty product must be the same model or have similar parameters. In addition, by agreement with the buyer, a model from another manufacturer may be offered.

If your request for timely repair or replacement of the device has not been met, file a claim in court.

Based on Art. 13 of the Consumer Protection Law, demand payment of a fine for non-compliance mandatory requirements for the provision of warranty repair or replacement services for a telephone.

From all of the above, we can conclude that if the phone repair was not completed within the prescribed period, the buyer has the right to demand that the device be replaced with a similar one.

In case of failure to comply with legal requirements, the buyer may go to court. As a result, his phone will be replaced with a new one, and the seller will be charged a fine for late provision of the service.

What to do if your smartphone warranty repair is refused?

Unfortunately, in practice, guaranteed repairs are carried out in rare cases. In most cases this is due to the presence mechanical damage apparatus. As it turns out during an expert examination, the phone failed due to the fault of the buyer himself.

Information regarding this obligation can be found in the documents and warranties of most manufacturers.

Important! Phone manufacturers provide warranty repairs only if the breakdown is due to a manufacturing defect.

At the service center you will hear a refusal if you used the phone incorrectly. Let's say your phone "bathed" in water. In this situation, warranty repairs are out of the question.

I would like to note that often the reasons for refusal of warranty repairs are not legal.

If you are denied repairs, but you are absolutely sure that it is illegal, request a certificate of work performed (in accordance with Article 18 of the Law on the Protection of Consumer Rights).

What does it consist of? this document? It contains information about the cause of the phone breakdown and its impact on the operation of the device.

Important! At your request, they did not issue a certificate of work performed - the reason for refusing warranty repairs was illegal.

Also, the refusal will be unfounded if the report contains information only about the cause of the breakdown. If you do not agree with the refusal, request an examination to be carried out in your presence.

The specialist will tell you the exact reasons for the breakdown and explain what may happen to the phone in the future. If it is proven that the service center refused to repair you for legally, then you will have to pay for the examination (Article 18 of the Law “On Protection of Consumer Rights”).

Persistent buyers who are dissatisfied with the expert assessment can go to court and try to solve the problem in court.

What to do if your phone breaks down again?

What to do with a repeated breakdown of a phone that was repaired within the guaranteed time frame?

When your phone is repaired, based on the results of these actions, you are given a written report on the work performed .

The report contains the following information:

  • when the client contacted the service center;
  • detected breakdowns;
  • work performed, indicating exact date their implementation;
  • date of return of the repaired phone to the owner.

Note! The warranty repair period will be extended by the time during which the phone was in the service center.

What happens if the phone breaks again?

This situation, unfortunately, happens quite often. Repairing mobile phones requires care and attention.

Your phone is broken and you don't know what to do? Go back to the service center or get an expert assessment.

Although this procedure is paid, it is important for you, since you will be able to accurately find out the cause of the repeated breakdown, and whether the specialists who carried out the guaranteed repair were to blame.

If it turns out that the reason for the repeated breakdown lies in wrong actions repairmen, then you have the right to demand that the store replace your mobile phone with another one or pay monetary compensation.

As mentioned earlier, the law protects the rights of buyers. If your consumer rights are violated (your phone constantly breaks down and you are refused a replacement), go to court.

Last updated January 2019

The most common consumer requirement when identifying a product defect is warranty repair. According to the law, all costs in connection with its implementation are borne by the seller, manufacturer or organization that imported the goods from abroad (hereinafter referred to as the obligated person). Naturally, avoiding such a burden is one of the primary tasks of the seller (manufacturer, importer).

We have compiled detailed instructions, following which you can achieve high-quality repairs under warranty in a short time.

What you need to know

First, let's look at the main points that you need to know when discovering deficiencies and submitting a repair request.

What shortcomings need to be eliminated?

The defect must be eliminated if it was not provided for in the contract or otherwise not agreed upon by the buyer during the sale. So, carefully look at the documents for the goods, and if they indicate that the goods were purchased with a defect (for example, a refrigerator whose lighting does not work freezer), then such a defect will not be repaired under warranty repairs.

Is it worth asking for repairs?

Warranty repair is an alternative requirement of the buyer. Instead of repairs, the consumer may demand a refund, replacement of goods, reimbursement of expenses for repairs that the buyer makes on his own, etc. But the freedom to choose these requirements belongs to the buyer if we're talking about on durable goods that are not classified as technically complex goods.

With technically complex goods the situation is more complicated (). If the first defect (except for a significant one) is discovered after 15 days after purchase, a technically complex product can only be repaired (exchanged, money cannot be returned).

Therefore, whether we are talking about a simple durable product or a secondary repair of a technically complex product, you should take your own interest into account. Perhaps a refund or replacement of the product will be more economically feasible.

Warranty repair periods

There are periods when repairs can be considered under warranty and therefore free of charge. Such deadlines are usually divided into the following categories:

  • during the stated warranty period;
  • upon expiration of the warranty, but within 2 years;
  • after 2 years, but during the service life;
  • after 2 years, but within 10 years if the service life is not specified.

Where to go

At his choice, the buyer can contact:

  • to the seller;
  • the manufacturer of the goods;
  • importer (organization that delivered the goods from abroad).

A visual table of the buyer's request for warranty repairs.

Period Type of deficiency Who can I contact? Having an obligation to repair It is the buyer's responsibility to prove manufacturing defects
During the warranty period Common drawback Yes No
During the warranty period Significant disadvantage Seller, manufacturer, importer Yes No
Common drawback Seller, manufacturer, importer Yes Yes
After the warranty period expires within 2 years Significant disadvantage Seller, manufacturer, importer Yes Yes
After 2 years, but the service life period Common drawback Manufacturer No -
After 2 years, but during the service life, Significant disadvantage Manufacturer Yes Yes
Common drawback Manufacturer No -
After 2 years, but within 10 years if the service life is not specified Significant disadvantage Manufacturer Yes Yes

Non-warranty cases

Please note that not all breakdowns may be subject to warranty repairs. The seller (manufacturer, importer) is not obliged to eliminate defects free of charge if they arise due to:

  • careless use (for example, dropping a cell phone from a significant height);
  • improper use (for example, using a blender to loosen soil for houseplants);
  • exposure to natural elements, as well as substances that are incompatible with the performance of the product (for example, liquid getting on a laptop);
  • improper transportation or storage of goods (for example, transporting the monitor in a metal car body without fixing or softening materials).

Instructions

Let's consider the buyer's action algorithm when making claims for warranty repairs. There are two possible scenarios for events:

  1. the seller (manufacturer, importer) recognizes the case as covered by warranty and makes repairs voluntarily
  2. The seller (manufacturer, importer) refuses to carry out repairs

1. The buyer’s procedure if the seller carries out repairs voluntarily

Appear to the seller with a statement

It is necessary to come to the seller (manufacturer, importer) and submit a written request for the free elimination of defects in the product (). Any person can represent the buyer's interest with a notarized power of attorney. Such cases, of course, should only be entrusted to a lawyer or a person experienced in such matters.

The application for warranty repair must be handed over to the obligated person against signature, that is, the second copy (which will remain with you) must bear the signature of the responsible person of the seller (manufacturer, importer), sealed and dated.

Transfer the goods

Along with the application, the seller (manufacturer, importer) receives the defective product. By law, the seller is obliged to accept the goods, even if the case turns out to be non-warranty. The transfer of goods for warranty repair must be formalized by an act of acceptance of the goods from the buyer. Such a document must be drawn up by the seller. But be sure to make sure that the document contains the following information:

  • date of transfer of goods;
  • from whom the thing was received;
  • who received the goods;
  • a detailed description of the product indicating the serial (other identification) number, external damage or traces of use (if any);
  • presence or absence of factory seals;
  • description of signs of breakdown according to the buyer;
  • confirmation by the seller that the case is under warranty and the product is accepted for repair.

You should know that if the goods weigh more than 5 kg or are large, the buyer may require delivery of the goods from the location of the goods for repair and back at the expense and efforts of the seller (manufacturer, importer), or compensate for the costs of independent delivery.

Check the quality of the product

The situation with the transfer of goods and repairs can be complicated if the seller cannot immediately recognize the repair as warranty and plans to check for defects. The check can be carried out:

  • immediately upon delivery of the goods;
  • some time after receiving the goods.

When a quality check is carried out immediately on the spot and the defects of the goods are confirmed, an act of acceptance and transfer of goods for repair from the buyer to the seller (manufacturer, importer) is drawn up immediately after the check, that is, almost at the same time as when submitting claims for free repairs .

In a situation where the seller intends to carry out an inspection later, the goods must be sealed in packaging material (polyethylene, cardboard box etc.) in such a way as to prevent access to the product (opening, disassembling, etc.) without the participation of the buyer. The packaging must be signed by the buyer and seller (manufacturer, importer).

The packaging can be opened when the seller checks the goods in the presence of the buyer, which is noted in the document on the goods check. If the seller conducted an inspection without notifying the buyer and opened the package without him, then all the results of the inspection can be questioned.

All these precautions are necessary to avoid misconduct unscrupulous sellers who make it appear that the consumer is at fault for the shortcomings of the product. For example, liquid may be deliberately spilled on the laptop, resulting in a short circuit. Under such conditions, naturally, the cause of failure will be supposedly improper operation(liquid ingress). The blame is thereby shifted to the consumer.

Request a replacement product during repairs

The consumer has the right to demand that a similar product be transferred to him during the repair period. Such a requirement should be stated in writing in a statement (). The seller, manufacturer or importer is obliged to provide the buyer with a free temporary replacement of the product within three days. But it should be borne in mind that not any product can be obtained for temporary use during the repair period. The following products are not provided:

Repair completion time

The law provides for two types of warranty repair periods:

  • within 45 days with the conclusion of a written agreement on the repair period;
  • immediately (as far as the level of technical progress allows, depending on the complexity and labor intensity of the repair). In any case, this period should not exceed 45 days.

The period is calculated from the moment the goods are transferred until they are returned to the buyer with the defects eliminated. At the same time, quality control, examination, or legal proceedings do not suspend the total period of warranty repairs.

There are cases when the seller does not meet the repair deadlines. You should know that the seller cannot have any valid reasons to justify his delay (even in the absence necessary materials, spare parts and components, etc.). Therefore, such explanations cannot be an indisputable basis for concluding an additional agreement with the buyer to extend the period of warranty repairs or resignedly waiting for the completion of protracted repairs.

If the repair period is not met, the following situations are possible:

  • the seller and the buyer can draw up an agreement to extend the terms (the agreement is drawn up voluntarily);
  • The buyer may refuse repairs and make other demands regarding the quality of the product:
    1. replacement with a similar product;
    2. replacement with a product of the same brand, but of a different model with recalculation of the price;
    3. refund of money paid for goods;
    4. a commensurate reduction in the price of a product.

Violation of the terms of warranty repair of a product can be to the advantage of the buyer who handed over a technically complex product for repair, since such a delay allows him to put forward other demands (refund, replacement, etc.), which initially the consumer who owns a technically complex product cannot put forward upon discovery defect.

However, a buyer who decides to take advantage of the violation of deadlines to put forward new demands must take measures to recover the goods from the obligated person. Otherwise, the seller (manufacturer, importer) may repair it (in violation of the deadlines) and then it will be impossible to put forward other demands.

In addition, the buyer can simply demand a penalty (fine) for a missed repair period or the deadline for providing goods in exchange for the duration of the repair. The fine is 1 percent of the cost of the goods for each day of delay.

For example, put in for repairs music Center worth 10,000 rubles. The buyer made a demand for the provision of a similar product, which was presented not within 3 days, but after 7 days. Accordingly, the delay is 4 days, that is, 4 percent of the cost of the goods (1 percent x 4 days). Thus, the seller must pay a fine of 400 rubles. (4 percent x 10,000 rubles).

It is worth noting that the need to pay a fine should be submitted in writing to the seller (manufacturer, importer), otherwise it is considered that the buyer waives his right to collect a penalty.

Returning goods after warranty repair

When the repair is completed, the seller must notify the buyer of the opportunity to return the item.

Upon receipt of the goods, you should carefully inspect it for safety and the absence of new defects (which did not exist previously). Demand that they show you the serviceability of the product and provide you with a report (certificate) on the repairs made. The certificate states:

  • date of submission of the repair request;
  • when the goods were accepted from the buyer;
  • repair period;
  • description of existing deficiencies, used spare parts and components for repairs;
  • confirmation of defect elimination;
  • the date on which the goods were returned to the owner.

2. The buyer’s procedure if the seller (manufacturer, importer) refuses warranty repairs

Give the application and product to the seller

The first two steps of the buyer’s actions in the event of the seller’s (manufacturer’s, importer’s) unwillingness to carry out warranty repairs are similar to the actions of the consumer in the event of voluntary satisfaction of his demands for the elimination of product defects by the seller. Therefore, we will limit ourselves to the above description.

The seller refers to a non-warranty case

The seller (manufacturer, importer), after checking the quality of the product, does not recognize the obligation to provide free repairs, citing a non-warranty case. The situation can develop in two scenarios:

  1. the seller (manufacturer, importer) organizes and conducts an examination of the quality of the goods
  2. the obligated person refuses further manipulations with the goods, citing the sufficiency of his quality control

In the first case, when the seller (manufacturer, importer) plans to submit the goods for examination, the goods are subject to packaging, sealing and signatures of the seller and consumer.

The packaging must be opened by an expert during a commodity examination in the presence of the buyer.

In the second case, when the seller refuses to conduct an examination, these activities are organized by the consumer himself.

The seller agrees with the examination that is positive for the buyer

If the results of the examination are positive for the buyer, the actions of the seller (manufacturer, importer) are usually aimed at satisfying the stated requirement to repair the defect, since the obligated person understands that the outcome of the dispute has already been predetermined in favor of the consumer and further litigation is nothing but additional expenses does not bode well for him. In addition, the search for those who are right and wrong may lead to missing the deadline for repairs, which gives the buyer the right to put forward a new, more severe demand (including refusal of the purchase and sale agreement and the return of money paid for the item). And the seller certainly strives to avoid this, especially if it concerns a technically complex product.

Going to court

However, there are not isolated cases when the seller (manufacturer, importer) goes all-in to the end. Then you can force warranty repairs to be made only through legal proceedings.

If the buyer promptly and in the prescribed form contacted the seller (manufacturer, importer) with a request for warranty repairs, and the expert opinion confirms that the consumer is right, then the case is a winning one.

Before going to court, it is necessary to send a claim to the obligated person, in which you refer to the conclusion of the merchandising examination. If the claim is rejected, it must be attached to the statement of claim to the court. And if no response is received, then indicate this in the claim. Leaving a claim unanswered is the same as refusing to satisfy it.

Naturally, the preparation and conduct of the case in court should be carried out by a professional person (lawyer, lawyer, representative of the consumer rights protection committee).

Execution of a court decision

After the court decision comes into force, receive a writ of execution and submit it to the bailiff department. The bailiffs will do the rest.

Comparative table of buyer actions for various positions of the obligated person

The seller, manufacturer or importer voluntarily fulfills the warranty repair requirement The seller, manufacturer or importer refuses to satisfy the requirement to eliminate defects in the goods before the examination of the goods The seller, manufacturer or importer refuses to satisfy the requirement to eliminate defects in the goods until a court decision
Flaw detection Flaw detection Flaw detection
Requests for repairs Requests for repairs
Transfer of goods for inspection Transfer of goods for inspection Transfer of goods for inspection
Confirmation of repair warranty and repairs Recognition of the case as non-warrantable
Returning goods to the consumer Carrying out examination of goods Carrying out examination of goods
- Carrying out repairs Refusal to satisfy consumer requirements
- Returning goods to the consumer Filing a pre-trial claim
- - Making a court decision
- - Appeal to bailiffs
- - Forced repair of goods
- - Returning goods to the owner

About the warranty period

When carrying out repairs, the warranty period is suspended for the period from the moment the claim is made until the product is returned to the consumer. If there was a legal dispute and the case was in favor of the buyer, then the entire period of legal proceedings is also not counted towards the warranty period.

For example, the warranty period for the TV is 1 year and is set from 01/01/2015 to 01/01/2016. The consumer contacted the seller on 12/30/2015. Repairs were carried out until 01/15/2016. As a result, the product warranty will be valid until 01/17/2016 .

It should be borne in mind that if during repairs a component part is replaced, for which a separate warranty was established in addition to the warranty for the product as a whole, then a new warranty the same duration as before the replacement. Its period will begin to run from the moment the goods are transferred to the buyer.

For example, the laptop included a power supply with a 6-month warranty. After 5 months, the laptop broke down and was sent in for repair. As a result of the repair, the laptop's video card was replaced and the power supply was replaced. The warranty period for the laptop remains the same (with the deduction of the repair period), and a new warranty of 6 months is installed on the power supply, which begins to be calculated from the moment the product is returned to the buyer.

About primary and secondary repairs

Primary repair is when a product defect occurs and is repaired for the first time.

Secondary repair – repeated repair is required if the defect appears repeatedly. In this case, it does not matter what the frequency of the defect is (exactly the same defect or of a different nature), the main thing is that the same product must be repaired more than once.

Please note that if a product has several defects at once, but this is the first time you have requested repairs, then such a one-time repair will be primary, regardless of the number of defects being eliminated.

This question arises acutely when there are shortcomings in a technically complex product, since the primary or secondary nature of the repair determines the range of consumer requirements. Let us remind you that if there is a significant deficiency, the choice of consumer requirements does not depend on the number of repairs.

A visual table of consumer requirements for a technically complex product.

During initial repair During secondary repairs If a significant deficiency is detected
  • compensation for repair costs by the consumer or third parties
  • free elimination of defects
  • replacement with a similar product
  • replacement with the same product of a different model with recalculation
  • reduction in the price of a product
  • free elimination of defects
  • replacement with a similar product
  • replacement with the same product of a different model with recalculation of the price
  • refund of money paid for goods
  • reduction in the price of a product
  • compensation for repair costs made by the consumer or third parties

Compensation for consumer expenses for repairs made by yourself or a third party

The buyer is not prohibited from independently repairing the goods and subsequently recovering costs from the seller (manufacturer, importer). Sometimes the buyer does not trust the repairs of third-party or organizations simply unknown to him, or situations arise when repairs need to be done urgently, without delay, or the seller’s remoteness does not allow him to timely make a claim for warranty repairs. However, there are several important points, which determine the success of the implementation of such buyer rights. Let's take a closer look.

Who can make repairs

So, repair of a product defect can be carried out:

  • by the buyer himself;
  • by a third party.

In turn, third parties are:

  • any outsider(both citizen and organization);
  • a specialized organization (certified specialist) that has the right to carry out repair work taking into account work experience, existing license, accreditation, certification, etc.

What expenses are reimbursed?

1) If the repair was made by the buyer himself:

  • cost of spare parts, components, etc.;
  • costs for the delivery of spare parts and components, if it is impossible, due to their specificity and rarity, to be purchased at the place of repair;
  • costs for Consumables(glue, hardware, seals, wires, etc.);
  • the cost of disposable tools and devices for repairs.

2) If the repairs were carried out by an outside organization (specialist), the costs include the cost of:

  • spare parts, components, as well as their delivery;
  • Supplies;
  • disposable instruments and devices;
  • work performed in accordance with the established price list (price list) or within the average market price.

How are repair costs reimbursed? Option #1

The law does not provide clear rules for satisfying this requirement. Therefore, one should proceed from the prevailing practice and optimality of achieving the goal. It is best to adhere to the following algorithm.

Stage No. 1. First, the buyer must notify the seller (manufacturer, importer) of the detected defect in the product and demand an intention to carry out repairs on our own ().

Stage No. 2. Then present the product to the seller to confirm the warranty case (quality check or examination (in case of a dispute about a defect)). At this stage, the seller or buyer can agree on a preliminary price for the repair. That is, the seller determines the size of the repair based on existing experience repair work. If the preliminary amount turns out to be less, then in the future the missing difference can be made up additional payment. The general period for payment of compensation for repairs is 10 days from the date of filing the claim.

Stage No. 3. Organize repairs.

Stage No. 4. Submit a cost report () with the presentation of documents confirming the repairs and the cost of expenses. If the repairs were carried out independently, then the buyer submits receipts for spare parts, materials, etc. When the repairs are carried out by a third party, then an act of work performed, a certificate of the cost of materials, a delivery note, an invoice, etc. (in a word, documents usually drawn up organizations and entrepreneurs in confirming repair work).

If there are no such documents, you can contact expert organizations that will give an opinion on the cost of the repairs. True, it will not be possible to recover the cost of such a conclusion from the seller.

How are repair costs reimbursed? Option No. 2

An alternative procedure is for the buyer to contact the obligated person with a request to reimburse the costs of repairs after they have been carried out. This procedure is not prohibited by law. However, if a controversial situation arises, the buyer must prove to the seller that the product had a defect that he eliminated, and also justify the costly part of the repair. This task is not easy.

What are the restrictions?

The warranty may stipulate that the elimination of product defects must be carried out by a specialized organization (certified specialist) that has the necessary approvals (compliance with established requirements) for such work. Without compliance with such requirements, the repair may be considered improper and the costs of its implementation may not be reimbursed. Moreover, this may cause the product to be excluded from further warranty obligations.

This, of course, does not mean that the buyer is deprived of the right to choose a specialist in whom he is confident to carry out repair work, or do-it-yourself repair. The question comes down only to the complexity and features of the product that has failed. For example, the law provides for a license for Maintenance and repair of medical equipment. Therefore, the repair of, say, a blood pressure monitor by an organization that does not have the specified license will be illegal. For the same reason, the consumer cannot repair this product himself.

It’s another matter if the seller imposes repairs only from accredited specialists (organizations). The buyer can carry out repairs from any person who has the appropriate permit, license, or certificate to carry out similar works. Whether it is included in the seller’s list of recommended organizations is no longer important, and this does not affect the legitimacy of the buyer’s demands for reimbursement of repair costs.

However, it must be borne in mind that in a controversial situation, the seller can conduct an examination of the qualifications of the repair. And if the work doesn't match accepted standards, the buyer's intention to reimburse expenses will be unauthorized.

Difficult situations

1. Additional actions requiring payment

Sometimes the seller, when making repairs, may make additional actions, beyond the scope of warranty repairs (for example, when repairing a computer, installing updated version operating system). Often the seller explains this as a necessity better work goods and demands payment for it.

If such additional work and the services were provided without the knowledge of the buyer and, accordingly, without his permission, then payment should not be made. All expenses incurred are borne by the seller, and he cannot force them to be recovered from the consumer, even through court.

2. Declaring repairs out of warranty

A similar situation occurs when the seller accepts the product for warranty repair, corrects the defects, and then announces that the case was not under warranty and the repair was of a commercial nature, that is, it must be paid for. In such a case, the consumer is not required to pay any money. Even if the defect in the goods is clearly related to the fault of the buyer and the seller provides evidence this fact evidence (expert conclusion, certificate from a service center, etc.), the consumer will not have any obligation to reimburse the seller’s expenses. This situation will be interpreted as a manifestation of the seller’s goodwill in providing free repairs.

3. New defects in a repaired product

There are cases when a repaired product with new defects is returned to the buyer (for example, a TV was repaired because the sound disappeared; the product was returned in good condition, but a scratch appeared on the screen, which was caused by repair specialists).

Such defects are not considered as production defects that appeared more than once (new defects or re-appearing defects, etc.). These cases relate to violation of the storage conditions of the goods transferred by the buyer to the seller for repair. And the seller is separately responsible for such damage to the goods - he reimburses the cost by which the price of the goods is reduced. Typically this cost is equal to the cost of repairs, replacement of parts, components, etc.

For this reason, you should be extremely careful when accepting a repaired product and record any suspicious observations in the goods acceptance report. In general, for such purposes, acceptance should be carried out with a familiar specialist, or small fee invite independent expert merchandising specialist

Most sellers provide a one-year warranty, less often two years. You can find out this directly when purchasing the device.

Remember that devices such as phones, smartphones, tablets, etc. cannot be simply exchanged or returned, since the law does not provide for this. For example, you simply didn’t like the phone and a couple of days after purchasing it you decided to return it. The seller will refuse you and will be right, because there must be a good reason for an exchange or refund. Which? For example, a deficiency or breakdown. But even in this case, you should not wait for your money right away, because the seller must make sure that there really is a problem and that it was not caused by the hands of the buyer. To do this, the device is taken for examination, which takes up to 20 days. After this, the seller either changes the device or returns cash. Of course, if the breakdown is not the fault of the buyer himself.

It is noteworthy that during the warranty period the buyer can bring the device for repair an unlimited number of times, although usually after the second or third breakdown the seller simply returns the money.

Free legal advice:


And of course, do not throw away receipts, delivery notes and warranty cards during the warranty period. You may still need them.

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    What is the legal warranty period for cell phones?

    Before purchasing a new mobile phone, many people are interested in the warranty period that comes with it. This is quite justified, because it costs a lot, and repairs in the event of a breakdown will also be expensive.

    Manufacturers and sellers mobile technology establish warranty periods for it, focusing on current legislature. We will consider the main provisions regarding these deadlines in the article.

    Reasons for exchange or return

    According to the law, return or exchange quality phone it is forbidden

    Unlike other products, you cannot 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 the Protection of Consumer Rights” (hereinafter referred to as 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:

    • returning goods to the store;
    • exchanging the phone for the same one;
    • exchange of goods for another, with compensation for the difference in value;
    • receiving a discount;
    • free repair.

    After 15 days from the date of purchase, you can return or exchange the phone only in the following cases:

    1. Found in the product significant drawback. This means a state of the phone in which this defect: is not eliminated the first time; appears again even after repair; requires large time or financial costs (for example, commensurate with the cost of the 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 undergoing lengthy repairs (under repair) several times, this is already grounds for returning it.
    3. The seller or manufacturer violates the established deadline for repairing the product. This period is determined by the parties voluntarily (it is better to secure this agreement in writing), but cannot exceed 45 days.

    The maximum period within which a claim can be made is two years. In this case, you will have to prove that at the time the buyer received the phone, it was already defective. This is done by conducting an examination of the product.

    Return or exchange procedure

    To return or exchange low quality phone, you need to write a claim

    To return or exchange a low-quality product, you must contact the store and write a claim addressed to the seller.

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

    • contact Rospotrebnadzor;
    • file a lawsuit.

    Most often, disputes are resolved in court, especially when it comes to returning a phone after 15 days from the date of purchase. Before the court hearing, it is necessary to conduct an examination of the goods, which the seller must pay for.

    It is worth going to court if the expert opinion confirms the manufacturer’s fault for the breakdown of 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 I expect warranty repairs?

    In most cases, a phone warranty includes free repairs during the warranty period.

    In most cases, the warranty that is provided for the phone means that it will be repaired free of charge in the event of a breakdown.

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

    You can apply for warranty repairs:

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

    The buyer himself decides where to go. At the same time, the cost of diagnosing a phone, even if there are no flaws in it, is free for the consumer. After completing the repair, you must take a document confirming this from the service center - a certificate of work performed. It states:

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

    If, after repair, the user again experiences problems with the product, this document will serve as evidence of a significant defect in the product.

    Grounds for refusal 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 my own;
    • used the product carelessly or for other purposes;
    • violated the requirements specified in the instructions.

    Consequently, all breakdowns and problems with the phone that arose due to the user’s fault or as a result of outside influence must be corrected by the user himself. The seller does not bear any responsibility in these cases. The buyer can seek 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 is classified as technically complex. It can be returned or exchanged only if there is a significant defect and statutory term.

    How to get your money back if your phone breaks under warranty in 2017?

    Telephones are the most frequently purchased device from consumers. And now, in pursuit of fashionable models, some people purchase several gadgets per year. In such an environment, everyone asks the questions: “Can I get money for a low-quality product?”, “How to return a phone under warranty?”, and also “What rights does the buyer have?”

    Information for buyers about purchasing a phone

    The most important thing that the buyer should know is that this product is on the list of those that cannot be returned if there are no complaints about the quality.

    That is, color, equipment, functions - all this must be checked in the store, otherwise it will not be possible to return it later. The only chance for a return is to prove that you were not correctly informed about the functions and capabilities of the product. This will have to be proven in court.

    The second point to consider is that after purchase, keep receipts, packaging and all components. This will be useful if the mobile needs to be returned, for example, if it breaks. Of course, if you do not keep the receipt, according to the law “On the Protection of Consumer Rights”, the store is still obliged to return your money or exchange the broken product, but it will be more difficult to prove your right. During the warranty period, all repair work must be carried out at the Service Center.

    Phone warranty

    Warranty period for such complex technical device is, on average, a year. Sometimes the warranty period reaches two years.

    If during this time a significant flaw is discovered in your cell phone or it breaks down, you can contact the store and have the right to choose several possible options:

    1. Return your purchase or exchange it.
    2. Receive repairs and troubleshooting for the purchased model. While the repair is taking place, you should be given a phone to use for a while.
    3. Refund your purchase.
    4. Receive a price reduction by the corresponding amount. This is also guaranteed.

    Warranty repairs and maintenance, as well as replacement, occur only if the consumer is not to blame for the breakdown of the device. If, for example, you bought your phone or stepped on it, no one will exchange it for you.

    What exactly to demand from the seller if the phone breaks under warranty is up to the buyer to decide. The protection of the law is guaranteed.

    If the first identified defect is not considered significant, then if you return it within 15 days, you can only count on repairing the phone. No refund or replacement will apply in such cases.

    The phone is broken under warranty

    It is important to note that we return goods that are under warranty. At the same time, you are not to blame for its breakdown, and you have all the purchase documents in your hands. In this case, by law, the seller is obliged to return your money or make repairs. How to get money back for a phone needs to be figured out in detail.

    What to do if your phone is broken? Be sure to contact the seller! Many people do not want to waste energy and nerves, and therefore simply throw away their mobile phone without demanding an exchange or refund. The store owners will thank you. It is not right.

    First, try to simply solve the problem in the store where you bought it. The seller will likely inspect and repair it. At the same time, the law clearly states that during warranty repairs the consumer must be provided with another device. To do this, you just need to write a claim in two copies, one of which you will keep, and the second you will give to the seller along with the broken device.

    If a breakdown is detected, carefully study your warranty card. Often the buyer is offered, in addition to the main one, an additional guarantee. An additional guarantee gives the same rights as the main one. Therefore, feel free to go to the seller with a broken product - they will provide you with repair services.

    The repair period should last no more than 45 days, otherwise the buyer has the right to write a claim to the seller and complain to Rospotrebnadzor about the delay in the warranty repair period. The repair deadline must be respected no matter what.

    When you return the device to have it repaired at a service center, the seller is obliged to give you a corresponding certificate that describes the problem and all the components that are provided with the product. Be careful not to be deceived by a substitute model. You need to return your phone for repair in its packaging, with all parts and charger.

    Sometimes, to repair the phone, the seller offers to check the product later. In this case, you need to know that the check, one way or another, is carried out in the presence of the consumer.

    If the seller independently conducts the examination, the buyer may not accept its results. This gives the right to another option for examination by an independent specialist.

    Perhaps you will not contact a service workshop, but will repair it yourself. In this case, it will be difficult to get the money back from the seller for repairs, since you will have to prove the worth of your craftsmen.

    Outside interference may invalidate warranty service. Therefore, with broken models, it is better to go to the address of the service center.

    Battery Warranty

    The battery warranty has its own characteristics. This is a component part of phones, and therefore the warranty on it may be less than on the product itself.

    Batteries may not be accepted into the repair shop only if a shorter warranty period is specified in the contract, and the battery breaks down later. If the warranty card does not indicate the warranty period of the battery, it means that it is the same as that of the main product.

    Repairs under warranty are carried out on both the phone and the battery.

    During the repair, you are required to provide a replacement. The main thing is to carefully read how long the battery warranty is.

    Exchange of goods or refund

    To find out how to return faulty phone to the store under warranty, let's turn to the law.

    There are three situations when you are entitled to a refund on your phone or exchange your phone:

    1. If a significant flaw is discovered, the repair of which is very expensive and exceeds the price of the device itself. This is usually discovered after several warranty repairs. How to return the phone for repair is written in the warranty card.
    2. If the phone is broken and the repair time is delayed. After 45 days of repair, you can safely demand money for the phone.
    3. If during the warranty period the product has been repaired several times, and the total number of days spent in the service center is more than a month, and after the repair there are unfinished defects or breakdowns.

    If you want to return the money spent on your purchase, you will have to contact the store. You must have a claim for a refund for a defective product. The seller has 10 days to review the application and return the money.

    A phone warranty does not mean that you have to repair the problem many times in a row. The buyer has the right to demand the exchange of a defective model for another.

    How to exchange a phone under warranty? You also need to write a claim to the seller in two copies. The return period is 7 days; to check the malfunction, the seller has the right to demand an increase in the period to 20 days. If the new selected model is not in stock, the waiting time should not exceed a month. You can wait a month and a half for repairs under warranty.

    Filing a claim and subsequent actions

    It doesn’t matter whether you want to exchange an item or get your money back, you will have to file a claim. The correctness of its composition is very important. You need to create the document in two copies, and one of them remains with you, but with the seller’s signature.

    The paper should consist of the following items:

    1. At the beginning of the document it is indicated to whom the claim was sent and all the seller’s data. They are usually written on the receipt or in the consumer's corner in the store.
    2. Then you should set out in detail when and under what circumstances the device was purchased. You also need to indicate all attached documents that confirm the purchase.
    3. Describe in detail the breakdown and how it was discovered. The phone is under warranty - what happened to it and whether repairs were carried out at the service center. You can attach the examination data if the buyer performed it. Be sure to mention the articles of law on which you rely. These are consumer rights.
    4. Describe your requirements to the seller and your actions if they are not met. State exactly how much money you spent and what the amount of your monetary claim is.
    5. Signature with transcript and date when the document was drawn up.

    Sometimes the seller will refuse to accept the claim, but you will need proof that you served it. To do this, you can send the document by mail with notification of acceptance. In this case, you will have a refusal paper in your hands, issued by mail.

    If the seller refuses to return the money or return the phone under warranty, you should first contact Rospotrebnadzor and then file a claim in court.

    You may need the help of qualified lawyers, but as a result you can get not only money for a low-quality product, but also material damage. Lawyers will help answer the question: how to exchange goods with minimal losses.

    Conclusion

    If the phone breaks under warranty, the 2017 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!

    Phone warranty period

    Modern people cannot imagine their life without cell phones. They are produced in different sizes, colors and shapes. But any equipment fails, and then it is important to know some of the subtleties of the law. You need to know how long the phone warranty lasts and what cases it covers.

    If the equipment fails, then the consumer has the right to return his money. You can also exchange it for a similar working one. If the warranty period has not expired, you can apply for free repairs.

    What do you need to know when purchasing?

    It is necessary to save all payment documentation: check, agreement. They may be needed when filing a claim in the event of a breakdown. They can also be used if you go to court. If they are lost, the testimony of witnesses will be the best way out from the situation.

    Equipment breakdown

    If the phone is under warranty, then during this period the buyer has the right to file a claim with the seller. The device may contain a significant drawback. Only the breakdown should not be caused by the buyer, who complied with all operating conditions.

    Rules for filing a claim

    Along with the purchase, the product comes with a receipt and a warranty card. Typically, customers are asked to purchase an additional warranty, i.e. service is provided for an additional 1 or 2 years. To contact the store administration, you need to make a copy of the receipt and guarantee. Then you should write a claim addressed to general director store. These terms and conditions are governed by law.

    should be printed in duplicate. The originals should be kept with you. They will be required if you file an application in court. The document should include a section with the right to conduct an examination. The consumer can also participate in it. If you disagree, you can challenge the decision in court. Only this will require an independent examination. If the court finds that the buyer is right, the store will pay him the cost of the goods and moral compensation.

    Carrying out an examination

    Any type of equipment is subject to examination. It should be written about in the claim. It is also worth pointing out information about its implementation.

    The consumer may, if desired, participate in this procedure. He can conduct an independent examination.

    Exchange of goods

    The phone can be exchanged under warranty. This refers to the faulty item. In this case, one must be guided by Article 18 of the Law of the Russian Federation “On the Protection of Consumer Rights”, on the basis of which the exchange takes place.

    Features of filing a claim

    If the warranty period for the phone has not yet expired, then you can make claims to the seller regarding the quality of the product. You need to bring the equipment and documents for it to the store. The seller must put an acceptance mark on his copy.

    Best solution - exchange or return?

    Under warranty, the buyer can return or exchange a faulty phone. The consumer has the right to receive money within the value of the product. But usually the employees offer to exchange the equipment for a new one.

    The law specifies the right of the store to carry out repairs free of charge. The client can demand to receive a discount, but this is at the discretion of the individual.

    Return and exchange conditions

    According to Article 502 of the Civil Code and 25 “On the Protection of Consumer Rights”, the buyer can return the goods subject to the following conditions:

    • If more than 14 days have passed.
    • The product is non-food.
    • Good quality product.
    • The product has not been used.
    • Consumer properties are preserved.
    • Having a receipt, although without it the store cannot refuse you.

    To return the goods, the customer must have a passport or other identification document. If you refuse a product, the store must return money equal to its value. Upon return, a document is drawn up indicating:

    • Client's full name.
    • Store data.
    • Time and date of delivery of the product.
    • Return amount.
    • Signatures of the parties.

    Even if the act was not drawn up, the buyer can demand the return of the equipment. Money can be transferred in different ways:

    Deadlines for claims

    If the purchased phone is under warranty, then the contract is terminated within 10 days. During the same period, the client is paid the amount for the equipment.

    Under warranty, the phone will be replaced with a similar one with recalculation within 7 days. When checking the product for quality, the period is extended to 20 days. The device may not be available in the store, in which case the deadline for fulfilling the requirements is extended to 1 month.

    The client may require a similar device during the repair work. The execution period is 3 days, only for this a written application from the client must be drawn up. Such conditions are prescribed by law.

    Delivery of equipment

    Employees may offer to send a phone purchased under warranty to the workshop themselves. The client may not agree to this because it is a violation of consumer rights.

    If you draw up and submit a claim, the client only needs to wait for a response. It is in the best interests of the store to complete everything on time.

    Device complexity

    The customer can return a working device to the store within 14 days. In online stores this period is 7 days. This is regulated by Article 25 of the Russian Law “On Protection of Consumer Rights”.

    Since disputes often arise regarding the relationship mobile device to technically complex devices, then the seller may not accept the request. You need to find out the seller’s position, after which you can file a claim.

    Repair features

    Under warranty, the product can be returned as many times as it breaks. At this time, you can request a return or exchange of the product.

    A defect in technology can be anything: bad key press, low quality sound or the display keeps going dark. If the consumer has not violated the operating conditions, the product can be returned to the store. When tampering with the device independently, the buyer must contact a paid service.

    It is best not to send the equipment for repair, because the consumer has the right to demand a return and exchange. If you use your rights wisely, it will be easier to defend your innocence.

    Compensation for moral damage

    Based on Article 151 of the Russian Law “On the Protection of Consumer Rights,” the court obliges the violator to pay moral compensation. Its size is determined by the degree of guilt of the offender and other circumstances. The court takes into account the physical and moral suffering of the consumer.

    The Constitution and Civil Code of the Russian Federation prescribe benefits protected by law. These include life, health, honor, dignity, freedom, etc. Therefore, violation of these rights leads to the assignment of compensation.

    Going to court

    If the store does not comply with the requirements of the complaint, the consumer can go to court. First you need to write an application. Documents confirming your own innocence are submitted along with it. This may be a claim for which the seller refused to comply.

    The claim must be submitted in writing. The following information must be there:

    • Name of the court.
    • Plaintiff's details.
    • Defendant's details.
    • Subject of dispute.
    • Articles of violation of the law.
    • Cost of claim.
    • List of attached documents.

    The statement of claim is accompanied by a copy of it, a document confirming payment of the state duty and checks. The court will consider the case in detail, after which a fair decision will be made. If the store’s violations are recognized, the buyer is paid the cost of the product and other compensation.

    Phone repair time under warranty

    Nowadays, telephones are an integral attribute of the life of a modern person. When purchasing a new communication device, customers often ask about the availability of warranty service.

    No one plans ahead for phone breakdowns, but they still wonder whether there is a warranty period for repairing this gadget.

    The warranty period gives any buyer confidence that if some kind of breakdown occurs with his phone, he will be able to return it for repair within the prescribed period.

    But warranty repairs do not always live up to their name. Quite often various unpleasant nuances emerge. It is advisable to be informed in advance about these issues.

    Let's look at what problems can arise during warranty repairs and how to avoid them.

    How long does it take to repair a mobile phone under the current warranty?

    When choosing a phone and receiving information about the technical properties of the product, do not forget to ask about the warranty repair period.

    Most well-known manufacturers of mobile gadgets, such as Nokia, Lenovo, Sony and Samsung, set a one-year warranty repair period for their products.

    This means that if the phone breaks down during the warranty period, the person who purchased the product can count on free service and repair (if necessary).

    What services will be provided to the client during the warranty repair period:

    • repairing a breakdown or replacing a product;
    • the warranty repair period will be extended by the time during which the phone was under repair;
    • at the service center, according to Art. 20 clause 2 of the Law on Protection of Consumer Rights, are obliged to provide the buyer with a similar telephone so that the buyer does not experience inconvenience during the absence of mobile communications;
    • complete replacement of a faulty phone with another device (in case the repairmen were unable to solve the problem);
    • The service center must resolve any problems that arise within 45 days, no more.

    Unfortunately, buyers are often unaware of the rights they have as consumers. This is especially true for warranty repairs.

    The Law “On the Protection of Consumer Rights” states that while a broken phone is under warranty repair, the owner must be presented with a similar product that matches the parameters of the purchased one.

    This must be done at the service center where the buyer contacted. Based on the application, the client must be allocated a new phone within three days.

    Important! In case of refusal to comply with this requirement, the seller will pay a penalty, which is equal to 1% of the price of the phone on the market. This amount will be charged for each day of repair.

    In Art. 20 of the Law on the Protection of Consumer Rights states that there is a 45-day period allocated for repairing a phone at a service center. In addition, repairmen do not have the right to delay the process and must deal with the gadget immediately after it arrives at the service center.

    How to return your phone for repair under a warranty service agreement?

    Let's look at what steps you should take to submit your phone for warranty repair.

    First of all, find the packaging for the device, a fiscal receipt, a warranty card (to be filled out by the seller at the time of purchase). Without these documents, you are unlikely to be able to return your phone for repair.

    Note! Often manufacturers Lg, Nokia, Lenovo require you to hand over the charger along with the phone, but this requirement is not mandatory.

    Among the documents that are issued to the client when purchasing a phone, a list of service centers and their addresses is also issued. Take the phone for repair to the exact store where you made the purchase. Then it will be sent to a service center for repairs.

    At the initial stage, service center employees conduct an expert assessment of the phone’s condition and diagnose it.

    Your presence may be optional, although you have every right to do so. This is necessary so that the service center employees enter correct data about the condition of the device.

    During the examination, the phone is examined and the fact of the presence of an external influence that could cause a breakdown is recorded. External damage, if any, is also recorded.

    If there is no damage caused by mechanical impact, the device is accepted for repair. Sign an agreement with the service center that specifies the repair time frame.

    When you accept the device for repair, write an application for the temporary replacement of your phone with another device of similar parameters. If the service center has provided you with this opportunity, then you can use the new phone until the warranty repair is completed.

    What is the warranty period after repair? household appliances, read here.

    What to do if the product repair time exceeds?

    Duration of warranty repairs

    Many people are interested in the question: how long will the repairs take?

    The law protects the rights of the buyer. And commodity producers, as well as distributors of their products, are obliged to comply with the articles of this Law.

    In Art. 20 of the Law on the Protection of Consumer Rights states, in particular, that telephone repairs must be carried out as soon as possible. If we talk about the minimum period, then assistance in troubleshooting the device should be provided immediately. The maximum repair period is 45 days.

    The above warranty repair periods apply to all mobile phone manufacturers.

    Based on Art. 18 of the Consumer Rights Protection Law, you can demand that your faulty phone be replaced with a new one if the service center exceeds the repair time.

    The phone that is issued as a replacement for a faulty product must be the same model or have similar parameters. In addition, by agreement with the buyer, a model from another manufacturer may be offered.

    If your request for timely repair or replacement of the device has not been met, file a claim in court.

    Based on Art. 13 of the Law on the Protection of Consumer Rights, demand payment of a fine for failure to comply with mandatory requirements for the provision of warranty repair or replacement services for a telephone.

    From all of the above, we can conclude that if the phone repair was not completed within the prescribed period, the buyer has the right to demand that the device be replaced with a similar one.

    In case of failure to comply with legal requirements, the buyer may go to court. As a result, his phone will be replaced with a new one, and the seller will be charged a fine for late provision of the service.

    What to do if your smartphone warranty repair is refused?

    Unfortunately, in practice, guaranteed repairs are carried out in rare cases. In most cases, this is due to mechanical damage to the device. As it turns out during an expert examination, the phone failed due to the fault of the buyer himself.

    Information regarding this obligation can be found in the documents and warranties of most manufacturers.

    Important! Phone manufacturers provide warranty repairs only if the breakdown is due to a manufacturing defect.

    At the service center you will hear a refusal if you used the phone incorrectly. Let's say your phone "bathed" in water. In this situation, warranty repairs are out of the question.

    I would like to note that often the reasons for refusal of warranty repairs are not legal.

    If you are denied repairs, but you are absolutely sure that it is illegal, request a certificate of work performed (in accordance with Article 18 of the Law on the Protection of Consumer Rights).

    What does this document consist of? It contains information about the cause of the phone breakdown and its impact on the operation of the device.

    Important! At your request, they did not issue a certificate of work performed - the reason for refusing warranty repairs was illegal.

    Also, the refusal will be unfounded if the report contains information only about the cause of the breakdown. If you do not agree with the refusal, request an examination to be carried out in your presence.

    The specialist will tell you the exact reasons for the breakdown and explain what may happen to the phone in the future. If it is proven that the service center refused to repair you on legal grounds, then you will have to pay for the examination (Article 18 of the Law “On Protection of Consumer Rights”).

    Persistent buyers who are dissatisfied with the expert assessment can go to court and try to solve the problem in court.

    What to do if your phone breaks down again?

    What to do with a repeated breakdown of a phone that was repaired within the guaranteed time frame?

    When your phone has been repaired, based on the results of these actions, you are given a written report on the work performed.

    • when the client contacted the service center;
    • detected breakdowns;
    • work performed, indicating the exact date of its completion;
    • date of return of the repaired phone to the owner.

    Note! The warranty repair period will be extended by the time during which the phone was in the service center.

    What happens if the phone breaks again?

    This situation, unfortunately, happens quite often. Repairing mobile phones requires care and attention.

    Your phone is broken and you don't know what to do? Go back to the service center or get an expert assessment.

    Although this procedure is paid, it is important for you, since you will be able to accurately find out the cause of the repeated breakdown, and whether the specialists who carried out the guaranteed repair were to blame.

    If it turns out that the reason for the repeated breakdown lies in the incorrect actions of the repairmen, then you have the right to demand that the store replace the mobile phone with another one or pay monetary compensation.

    As mentioned earlier, the law protects the rights of buyers. If your consumer rights are violated (your phone constantly breaks down and you are refused a replacement), go to court.

    1 comment on the article “Phone repair time under warranty”

    What to do after the warranty period has passed 27-30 days. (that is, more than a year and + a month), and the phone broke? Maybe I crushed it...?

  • Warranty phone repair is one of the requirements that the buyer has the right to present to the store that sold the device. It is produced at the expense of the seller or manufacturer. Since the organization suffers losses, its main task is to refuse warranty service.

    In order not to be deceived, the buyer must know certain things:

    1. Warranty period is a period established by the seller or manufacturer, during which these organizations are ready to eliminate all defects that have arisen free of charge.
    2. The defect must be corrected if the buyer is not notified of it. For example, when purchasing a phone at a discount, the seller indicates that the flash on the camera does not work, the buyer agrees and purchases the device. In this situation, you cannot demand that the flash be repaired.
    3. Phone repair under warranty is one of the alternative requirements. In addition to it, the buyer can declare a replacement or price reduction. It is not always economically profitable to repair an item - sometimes it is easier to return it and get the amount paid back.
    4. The troubleshooting period depends on the warranty period. The device can be repaired:
      • only during the warranty period;
      • after the end of the warranty period, but within two years;
      • after the expiration of two years, but within the service life;
      • after the expiration of 2 years, but within ten years if the service life is not specified.
    5. The owner of the device has the right to file a claim with the store, manufacturer or importer.
    6. Certain cases are never considered under warranty:
      • negligent use;
      • violation of the rules of use (for example, using a kitchen mixer to obtain building mixtures);
      • flooding;
      • careless transportation or storage.

    Often the problem lies not in the hardware of the phone, but in the components, in particular the batteries. They stop holding or accumulating charge, causing the phone to quickly discharge or not turn on at all.

    The warranty on the phone, as stated in Art. 18 of the Labor Code, implies the possibility of establishing separate deadlines for components. The manufacturer has the right to determine a shorter warranty period for the battery or leave it equal to the general one. In case of failure, it is phone battery It is recommended that you familiarize yourself with the warranty terms and conditions.

    The second stage is the transfer of the device. The smartphone or other device is transferred to the seller along with the application. The action is formalized by an act. The form is free, but it must indicate when and from whom the item was accepted and who received it. The act lists the identification data (number), external flaws, identified defects. The seller must include in the document a phrase with which he recognizes the case as a warranty and undertakes to organize troubleshooting.

    The third stage is checking the device. If a phone is broken under warranty, the store has the right to test the phone before sending it to the service center. The procedure is carried out immediately or after an agreed period. The buyer should be careful: the device must be packaged and sealed. The signatures of the parties are affixed to the seal. This option excludes the seller’s fraud (for example, imitation of a flood or fall, which excludes repairs).

    Subsequent opening of the sealed package is possible only in the presence of the buyer. The fact is documented, and the store’s client puts his signature.

    The fourth stage is the requirement for. It is submitted in writing and is granted or rejected within three days. You cannot ask for the replacement of goods intended for personal use(toothbrushes, hair dryers), cooking devices, cars, furniture and weapons.

    Deadlines

    The phone repair period under warranty cannot exceed 45 days. It begins to count from the day following the day of transfer of the device. This maximum term, it is not suspended, not suppressed and can only be changed by agreement of the parties.

    If the goods are not returned to the buyer on the 46th day, he has the right to:

    1. enter into an agreement to extend repairs;
    2. refuse troubleshooting and ask:
      • replacement with an analogue;
      • replacement with another item with recalculation;
      • refund;
      • discounts;
      • payment of a penalty (1% of the price for each day of delay).

    The claim must be made only in writing, both in order to return the phone under warranty and to receive a fine.

    Receiving the device after repair

    Return of the phone after warranty repair is carried out upon notification of the store. The owner is recommended to carefully inspect the device and test it in the presence of the seller's employee.

    Along with the phone, the client receives a repair certificate. It contains the date of receipt of the application and transfer of the device for repair, the actual period of work, information about identified defects and confirmation of their elimination, and the date of return of the item.

    The store refuses to repair

    If a warranty repair is refused, the buyer must:

    1. write a statement and hand it along with the goods to the store;
    2. get rejected. In it, the seller offers to conduct an examination or finally recognizes the case as non-warranty. If the buyer agrees, the device is packaged and sealed, and the parties put their signatures on the seal. Seals can only be broken by an expert in the personal presence of the buyer. The second option involves organizing and paying for the research by the buyer.

    It is easier for the seller to repair the device than to conduct further disputes, wasting time and money. However, cases cannot be ruled out when only a court can force the seller to carry out warranty repairs of cell phones or other devices.

    The buyer is not obliged to require only the correction of defects. In some cases, he has no choice but to return the faulty phone to the store under warranty. Moreover, if the marriage is proven by an expert.

    Breakdown after repair

    If the device requires a secondary correction of a defect that should have been eliminated, the buyer has the right not to agree to repair. The list of possible requirements includes:

    • change to new device or an analogue with recalculation;
    • discount;
    • free repair;
    • compensation of expenses.

    Secondary repair is precisely the circumstance that allows you to change your phone under warranty. For technical complex goods Other rules apply that expand the rights of the client.

    Knowing how to return the money paid for a phone under warranty or how to exchange faulty device, the buyer will be able to save his budget and properly build relationships with the seller.

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