Repair of goods under warranty. Warranty and service of phones: what, where, when

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What is the warranty period for cell phones by law?

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.

Grounds for exchange or return

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.

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 (lift) several times, 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 phone, you need to write a claim

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 repaired 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.

Therefore, 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.

How do I get my money back if my phone is broken under warranty in 2017?

Telephones are the most frequently purchased device from the consumer. And now, in pursuit of fashionable models, some buy several gadgets per year. In such an environment, everyone asks questions: "Can I get money for a low-quality product?", "How to return the phone under warranty?"

Information for buyers about purchasing a phone

The most important thing that the buyer should definitely know is that this product is included in the list of those that cannot be returned if there are no claims to 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 informed correctly 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 accessories. This will come in handy if the mobile needs to be returned, for example, in the event of a breakdown. Of course, if you do not save the receipt, according to the law "On the protection of consumer rights", the store is still obliged to return your money or exchange broken goods, but it will be more difficult to prove your right. During the warranty period, all repairs must be carried out at the Service Center.

Phone warranty

The warranty period for such a complex technical device is, on average, a year. Sometimes the warranty period is up to two years.

If during this time your cell phone has a significant flaw or it breaks down, you can contact the store, and you do not have the right to choose several possible options:

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

Warranty repair and maintenance, as well as replacement, take place 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 is broken under warranty is up to the buyer. The protection of the law is ensured.

If the first identified defect is not recognized as significant, then upon return within 15 days, you can only count on the phone being repaired. No refunds or replacements are available for such cases.

The phone under warranty is broken

It is important to note that we are returning an item that is under warranty. At the same time, you are not to blame for its breakdown, and you have all the purchase documents on hand. In this case, according to the law, the seller is obliged to return the money to you or make repairs. How to get a refund for a phone, you need to figure it out in detail.

What to do if the phone is broken? Be sure to contact the seller! Many do not want to waste energy and nerves, and therefore simply throw away their mobile phone, not demanding an exchange or refund. The store owners will thank you. It is not right.

To get started, just try to solve the problem at the store where you bought it. The seller will most likely inspect and repair. At the same time, the law clearly states that for the duration of the warranty repair, the consumer is obliged to provide another device. To do this, you just need to write a claim in two copies, one of which will remain with you, and the second will be given to the seller along with the broken device.

If you find a breakdown, carefully study your warranty card. Often, in addition to the main one, the buyer is offered an additional guarantee. The additional warranty gives you the same rights as the main one. Therefore, feel free to go with the broken product to the seller - you will be provided 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. The repair period must be respected regardless of anything.

When you give the device to have it repaired at a service center, the seller is obliged to give you an appropriate act, which describes the problem and all components that are provided with the product. Be careful not to be fooled by a substitute model. You need to return the phone for repair in the package, with all the parts and charging.

Sometimes the seller offers to check the item later to repair the phone. 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 carries out the examination, the buyer may not accept its results. This gives the right to a different option for examination by an independent specialist.

Perhaps you do not go to a service workshop, but make the repair yourself. In this case, it will be difficult to return money for repairs from the seller, since you will have to prove the solvency of your craftsmen.

Tampering may void the warranty. Therefore, with broken models, it is better to go to the address of the service center.

Battery warranty

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

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

Warranty repairs are made with both the phone and the battery.

At the time of 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 a defective phone to a store under warranty, refer to the law.

There are three situations where you are eligible for a phone refund or phone exchange:

1. If a significant defect is found, the repair of which is very expensive, and exceeds the price of the device itself. This is usually revealed 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. For a phone after 45 days of repair, you can safely demand money.
3. If during the warranty period the product has been repaired several times, and the amount of days spent in the SC is more than a month, and there are unfinished defects or breakdowns after the repair.

If you want to get a refund for the purchase, you will have to contact the store. There must be a claim for a refund for a low-quality 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 for a warranty? You also need to write a claim to the seller in duplicate. The return period is 7 days; in order 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 a repair under warranty.

Drawing up a claim and follow-up

It doesn't matter if you want to exchange goods or get back the money spent, you will have to write a claim. It is very important to draw it up correctly. You need to create a document in duplicate, and one of them remains with you, but with the signature of the seller.

The paper should consist of the following points:

1. At the beginning of the document, it is indicated to whom the claim was sent, and all the data of the seller. They usually fit on a check or in a consumer's corner in a store.
2. Then you should state in detail when and under what circumstances the device was purchased. You also need to indicate all the accompanying documents that will confirm the fact of the purchase.
3. Describe in detail the breakdown and how it was discovered. The phone is under warranty - what happened to it and was it repaired at the service center. You can attach the data of the examination, if the buyer has carried out it. Be sure to mention the articles of the law on which you rely. These are consumer rights.
4. Describe your requirements for the seller and your actions if they are not met. State exactly how much money you spent and what the amount of your money claims 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 have submitted it. To do this, you can send the document by mail with a notification of acceptance. In this case, you will have a rejection paper issued by the mail in your hands.

In the event that the seller refused to return the money or return the phone under warranty, you should first go to Rospotrebnadzor, and then to the court with a statement of claim.

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

Conclusion

If the phone is broken under warranty, the rights of 2017 allow you to receive money from the seller or a new phone. Everyone should know this, and be able to exercise competently their rights.

If the phone breaks down under warranty through no fault of yours, the seller is responsible for the product sold. You should not be tormented by questions: "Can I or should I return, can I demand?"

Remember: you need to act!

Phone warranty duration

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

If the equipment is out of order, then the consumer has the right to return his money. You can also exchange it for a similar serviceable one. If the warranty period has not expired, then you can apply for a free repair.

What do you need to know when buying?

It is necessary to keep all payment documentation: check, agreement. They may be needed when filing a claim in the event of a breakdown. You can also use them if you go to court. If they are lost, the testimony of witnesses will be the best way out of 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 due to the buyer, who followed all the operating conditions.

Rules for drawing up a claim

Along with the purchase, the product comes with a receipt and a warranty card. Usually, customers are asked to issue an additional warranty, that is, the service is provided for another 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 the general director of the store. These conditions are governed by law.

should be printed in duplicate. Keep the originals with you. They will be required in case of filing an application with the 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. This alone will require an independent examination. If the court establishes the correctness of the buyer, then the store will pay him the cost of the goods, moral compensation.

Expertise

An expert examination applies to any type of equipment. It should be written about in the claim. It is also worth pointing out the information about its holding.

The consumer can participate in this procedure if he wishes. He can conduct an independent examination.

Exchange of goods

The warranty phone can be exchanged. This refers to a faulty item. In this case, one must be guided by Article 18 of the Law of the Russian Federation "On 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 the seller can claim the quality of the goods. You need to bring equipment and documents to the store. The seller must mark the acceptance on his copy.

Is the best way out - exchange or refund?

Under warranty, a defective phone can be returned or exchanged. The consumer has the right to receive money within the value of the goods. But usually employees offer to exchange equipment for a new one.

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

Return and exchange conditions

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

• If more than 14 days have not passed.
• The product is non-food items.
• Good quality product.
• The product has not been in use.
• Consumer properties are preserved.
• The presence of a check, although without it, the store cannot refuse.

To return the product, the customer must have a passport or other identification document with him. In case of refusal from the goods, the store must return money equal to its value. Upon return, an act is drawn up, where it is indicated:

• Full name of the client.
• Store data.
• Time and date of handover of the product.
• Return amount.
• Signatures of the parties.

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

Deadlines for a claim

If the purchased phone is under warranty, then the termination of the contract occurs within 10 days. For the same period, the client is paid the amount for the equipment.

The phone under warranty is replaced with a similar one with recalculation within 7 days. When checking the goods for quality, the period is extended to 20 days. The device may not be in the store, and then the deadline for fulfilling the requirements is extended to 1 month.

The customer may require a similar device during the repair work. The term of execution is 3 days, only for this a written application of the client must be drawn up. Such conditions are spelled out in the law.

Delivery of equipment

Employees can offer to send the purchased phone under warranty to the workshop on their own. The client may not agree to this, as this is a violation of consumer rights.

If a complaint is made and presented, the client only needs to wait for a response. It is in the interests of the store to complete everything on time.

Complexity of the device

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 Law of the Russian Federation "On Protection of Consumer Rights".

Since there are often disputes over the attitude of a mobile device to technically complex devices, the seller may not accept the requirement. You need to find out the position of the seller, 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: poor keystroke, poor sound quality, or the display is constantly dimming. If the consumer has not violated the operating conditions, then the product can be returned to the store. In case of independent intervention in the device, the buyer must contact a paid service.

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

Compensation for non-pecuniary damage

On the basis of Article 151 of the Law of the Russian Federation "On 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 mental suffering of the consumer.

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

Going to court

If the store does not fulfill the requirements for the claim, then the consumer can go to court. First you need to write a statement. Together with him, documents are submitted confirming their own innocence. This could be a claim that the seller refused to comply with.

The claim is made in writing. There must be the following information:

• The name of the court.
• Plaintiff's data.
• Respondent data.
• The subject of the dispute.
• Articles of violation of the law.
• The cost of the claim.
• List of attached documents.

A copy of the statement of claim, a document confirming payment of the state duty and checks are attached to the statement of claim. The court will consider the case in detail, after which a fair decision will be made. If violations of the store are recognized, then the buyer will be paid the cost of the product and other compensations.

Terms of phone repair under warranty

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

No one plans in advance to break down the phone, but they are still interested in whether there is a warranty period for the repair of this gadget.

The warranty period gives any buyer the confidence that if some kind of breakdown happens to his phone, he will be able to hand it over for repair in a timely manner.

But the warranty repair does not always live up to its name. Quite often, various unpleasant nuances emerge. It is advisable to be informed in advance about these problems.

Let's take a 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 repair period under warranty.

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

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

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

• elimination of breakage or replacement of goods;
• the warranty period will be extended for the time during which the phone was being repaired;
• in the service center, according to Art. 20 clause 2 of the Law on Consumer Protection, are obliged to provide the buyer with a similar telephone so that the buyer does not experience inconvenience during the absence of mobile communication;
• complete replacement of the defective phone with another device (in case the repairmen could not solve the problem);
• to solve the arisen problems in the service center are required within 45 days, no more.

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

The Law "On Protection of Consumer Rights" states that while the 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 applied. On the basis of the application, the client is obliged to provide a new phone within three days.

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

In Art. 20 of the Consumer Protection Law refers to a 45-day period for repairing a telephone 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 do I return my phone for repair under a warranty service agreement?

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

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

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

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

At the initial stage, the employees of the service center carry out an expert assessment of the state of the phone and its diagnostics.

Your presence may be optional, although you have every right to do so. This is necessary in order for the service center employees to enter the correct data on the state of the device.

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

In the absence of damage caused by mechanical impact, the device is accepted for repair. Sign a contract with the service center, which specifies the terms of the repair.

At the time of acceptance of the device for repair, write a statement about the temporary replacement of your phone with another device of the same parameters. If the service center has provided you with such an opportunity, then you can use the new phone until the end of the warranty repair.

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

What to do if the product repair time is exceeded?

Terms of warranty repair

Many people are interested in the question, how long will the repair be carried out?

The law stands on the protection of the buyer's rights. 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 the repair of phones should be carried out as soon as possible. If we talk about the minimum period, then assistance in troubleshooting the operation of the device should be carried out immediately. The maximum repair time is 45 days.

The above warranty times apply to all mobile phone manufacturers.

Based on Art. 18 of the Law on Consumer Protection, you can demand that your defective 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 defective product must be of the same model or have similar parameters. In addition, by agreement with the buyer, a model from another manufacturer may be offered.

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

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

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

In case of non-compliance with legal requirements, the buyer can go to court. As a result, his phone will be replaced with a new one, and the seller will be exempted from the penalty for untimely provision of the service.

What to do in case of refusal to carry out warranty repair of a smartphone?

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

This commitment can be found in the documents and warranty cards of most manufacturers.

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

At the service center, you will hear a refusal if you used the phone incorrectly. Let's say your phone has been “bathed” in water. In this situation, warranty repair is out of the question.

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

If you were denied repair, but you are sure that it is illegal, ask for an act of work performed (in accordance with Article 18 of the Law on Consumer Protection).

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

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

Also, the refusal will be unreasonable if the act contains information only about the cause of the breakdown. If you do not agree with the refusal, ask for an examination in your presence.

The specialist will tell you about the exact reasons for the breakdown and explain what may happen to the phone in the future. If it is proved that the service center refused to repair you 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 peer review can go to court and try to solve the problem in court.

What to do if the phone breaks down again?

What about the repeated breakdown of the phone, repaired within the guaranteed period?

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

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

Note! The repair period under the warranty will be extended for the time during which the phone was at the service center.

What if the phone breaks down again?

This situation, unfortunately, happens quite often. Mobile phone repair requires care and attention.

The phone is broken, and you do not know what to do? Go back to the service center or have a peer review.

Although this procedure is paid, it is important for you, since you can find out with certainty about the cause of the repeated breakdown, and whether this is the fault of the specialists who carried out the guaranteed repair.

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

As mentioned earlier, it is the Law that protects the rights of buyers. If your consumer rights are violated (the phone constantly breaks down, and you are refused to replace it), go to court.

1 comment to the article "Terms of phone repair under warranty"

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