Why do you need a phone warranty? New defects in the repaired item

When selling mobile equipment, sellers must explain to the buyer what warranty repair of a phone is, and the legal deadlines for applying if defects are found.

Unfortunately, most retail outlets try to keep silent about this.

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Repair under warranty

What is warranty repair?

This is represented by the document “On the Protection of Consumer Rights” and implies and guarantees that the deficiencies discovered by the consumer will be eliminated free of charge: the seller is responsible for the work performed, the purchase of parts and spare parts.

Note: the buyer, before buying a mobile phone, needs to get acquainted with this material on his own, it is more difficult to confuse a competent consumer.

What can and cannot be eliminated

The buyer should understand that not all defects found in the device are free repairs.

If this is a manufacturer's defect or the standard settings have been lost, then the phone must be taken for free service.

If the breakdown occurred due to the fault of the consumer: the screen crashed, water got in, and so on, then there can be no talk of a free revival of the cell phone.

Term

The terms for repairing a mobile device are specified in Article 20 of the Law "On Protection of Consumer Rights".

By law, the period of repair work should be minimal.

Keep in mind that the maximum number of days a repair can last is 45. Trading networks use it to the fullest, indicate this number on the warranty receipt.

The citizen has the right to disagree with such a deadline and simply cross it out, indicating that the device needs to be repaired immediately.

The service center specialists will have to hurry: the buyer has the right to turn to the services of an independent or forensic examination if the completion of the repair is delayed.

Where to contact the consumer

If the phone is broken, and the warranty period has not yet expired, then the goods are presented to a specific seller or service center.

An important condition is the presence of a receipt and packaging.

Unfortunately, retail chains often refuse to take responsibility and send the owner of the phone or smartphone to the center.

Although the decision on where to apply, according to the law, is made by the buyer.

What to do:

• You can check the site to see if there is a service center near you. If not, go to the seller;
• whether the fund has a similar device to replace yours during the repair.

Note: if you contact the service center yourself, the store may file a claim against the buyer that he did not give such a referral.

Repair or replacement

Most often, the buyer does not want to contact the repair and requires a refund of the money spent.

But it is not profitable for sellers to return money, to replace a mobile phone. Therefore, they offer to repair a mobile device, and this is already a violation of consumer rights.

If a similar situation has developed, then the consumer will have to write a claim to the trade institution: either for a refund or for a replacement mobile phone.

Where to get a phone while the old one is being repaired

Being without a phone is a serious problem for a modern person.

What should a consumer do while his mobile device is being repaired?

Unfortunately, sellers do not always fulfill their obligations, and Russians do not know their rights.

Worth considering: if a citizen rents a phone for repair under warranty, he is required to give him a device from a replacement fund for temporary use.

This service is free. To use it, you need to contact the store management with an application for the provision of a free service. The application form is free.

You must issue the phone from the substitute no later than three days from the date of application. The device must have the same properties as the one being repaired.

Do you know that: if the management does not want to comply with your legal requirement, then the store will have to pay a penalty: daily one percent of the price of your mobile phone.

Warranty after repair

When you return a repaired phone in a timely manner, you need to proceed as follows:

1. The external condition of the device is checked, the presence of all components. If there are scratches, dents that were not there before, or something is missing from the kit, you need to inform the receiver. In addition, you will need to write a statement so that the errors are eliminated.
2. You should pick up the receipt issued when buying a mobile phone, as well as a warranty card.
3. You need to take the acceptance certificate of the device from the receiver. It indicates how long the product was repaired, what defects were identified, as well as the features of the repair.

Moreover, repairs are not always carried out with high quality, so you can present the act if necessary in court.

Repair was poor quality.

If after a few days the phone again gives out malfunctions, or the work has been overdue, a claim can be made to the receiver and the store, only in writing.

What should be included in this document:

• the name of the store or SC with the address;
• own contacts, including phone number;
• a detailed description of disagreement with the repair (list the defects found), indicating the date, cost of the device;
• describe your benefits, according to the law on consumers;
• indicate your requirements;
• as usual, put the date, subscribe.

Take note: the sample is on the official website of the Society for the Protection of Consumer Rights. Be sure to take a receipt that the organization has received your claim.

Such actions indicate that the buyer does not want to get involved with the court, he wants to achieve a result in a "peaceful" way. If the seller does not fulfill his obligations, you need to look for a reliable lawyer and resolve the issue through the courts. The consumer does not need to pay state duty.

Actions in the event of a breakdown

Is your phone, which has already been repaired, having problems again? You have every right not to take it back for repair to a store or SC, but to claim a refund of the money spent. Or demand the replacement of the device with a similar one in terms of properties and price. Although sellers may insist on another repair.

The rights of the consumer are clearly spelled out in Art. 18 of the Law "On Protection of Consumer Rights". It is advisable to familiarize yourself with them in more detail so as not to be trapped by unscrupulous sellers. But that is not all.

It is important to know: the buyer is entitled to compensation for financial losses that have been caused to the consumer. In addition, according to the Law, you can demand compensation for moral damages.

All these actions are possible only through the court.

Refused to repair under warranty

Not so often, but it still happens that service centers or retailers refuse to repair the phone under warranty.

Often they rely on the fact that the consumer himself is to blame - he misused the mobile device.

The buyer is obliged to demand a written refusal to repair, indicating good reasons. In addition, according to paragraph 5 of Art. 18 of the Law, the buyer must require the seller to send the mobile phone to (in writing).

The examination is carried out at the expense of the store. The buyer, if desired, may be near the expert. If the consumer is not satisfied with the results of the examination, it can be challenged in court.

Summing up

The phone is guaranteed for 2 years. During this time, defects may appear that need to be eliminated.

If the store does not agree to send the goods for examination, you must receive a refusal in writing. After that, you can turn to the services of an independent examination.

If it is established that the seller sold a low-quality product, the phone must be repaired free of charge, and the consumer must be paid the amount spent on an independent examination.

If the seller does not want to compensate for the damage, you need to go to court. The state duty, as mentioned above, the consumer does not need to pay.

Watch a video in which a leading legal consultant explains what to do if you are denied a warranty repair:

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

Reasons for exchange or return

By law, a quality phone cannot be returned or exchanged.

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 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:

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

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

1. The product has a significant defect. This is understood as such a state of the phone, in which this drawback: 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 goods 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 repairs (downstairs) several times, this is already the basis for its return.
3. The seller or the manufacturer violates the established term for the repair of goods. This period is determined by the parties on a voluntary basis (it is better to fix this agreement in writing), but cannot exceed 45 days.

The maximum period within which a claim may 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 goods.

Return or exchange procedure

To return or exchange a low-quality phone, you must 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 he takes for himself, having previously received the seller's signature and surname on it. If there are no objections from the latter, the goods are changed or the money is returned for it. In other cases, you need:

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• apply to Rospotrebnadzor;
• file a lawsuit.

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

It is worth going to court if the conclusion of the examination confirmed the manufacturer's fault in 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 a warranty repair?

In most cases, the warranty on the phone includes its free repair during the warranty period.

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

The duration of the warranty period is set by a particular 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 a warranty repair:

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• 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 shortcomings in it, is free for the consumer. After the repair is completed, 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 failure and the measures taken to eliminate it;
• date and duration of repair;
• surname and signature of the employee who carried out the repair of the phone.

If, after the repair, the user has problems with the product again, this document will become evidence of the presence of a significant defect in it.

Grounds for refusal of warranty service

The seller may refuse warranty repair of the phone if the buyer:

• 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 goods inaccurately or for other purposes;
• 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 independently. 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, there are often difficulties associated with the fact that this product belongs to the category of technically complex ones. You can return or exchange it only if there is a significant defect and within the period established by law.

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Phone warranty period

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

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 has not expired, you can apply for a free repair.

What you need to know when buying?

It is necessary to keep all payment documentation: check, contract. 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 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 a breakdown should not be due to the buyer, who complied with all operating conditions.

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Rules for making a claim

Along with the purchase, the product comes with a receipt and a warranty card. Typically, customers are encouraged to issue an additional warranty, that is, the 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 the general manager of the store. These terms and conditions are governed by law.

should be printed in duplicate. The originals must be kept. They will be required in case of filing an application to 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 will only require an independent review. If the court establishes the correctness of the buyer, then the store will pay him the cost of the goods, moral compensation.

Conducting 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 can participate in this procedure if he/she wishes. He can conduct an independent examination.

Product exchange

The phone can be exchanged under warranty. It 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.

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Features of filing a claim

If the warranty period for the phone has not yet expired, then you can make claims to the seller about the quality of the goods. You need to bring the equipment and documents for it to the store. On his copy, the seller must put a mark of acceptance.

Best way out - exchange or return?

Under warranty, the buyer can return or exchange a defective phone. 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 free repairs by the store. The client may demand a discount, but this is at the discretion of the person.

Terms of return and exchange

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:

• Unless more than 14 days have passed.
• The product is non-food.
• Good quality product.
• The product has not been used.
• Preserved consumer properties.
• The presence of a receipt, although without it the store cannot refuse.

To return the goods, the customer must have a passport or other identification document with him. In case of refusal of the goods, the store must return the money equal to its value. Upon return, an act is issued, which indicates:

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• Name of the client.
• Store data.
• The time and date the product was handed over.
• Return amount.
• Signatures of the parties.

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

Claim deadlines

If the purchased phone is under warranty, then the termination of the contract occurs within 10 days. During 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 the requirements is extended to 1 month.

The customer may require a similar device for the duration of 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 prescribed by law.

Delivery of equipment

Employees can offer to send a 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.

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

Device complexity

A customer can return a serviceable 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 the Protection of Consumer Rights".

Since disputes often arise over the relationship of a mobile device to technical devices, the seller may not accept the claim. 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 keystrokes, poor sound quality, or a constantly blanking display. If the consumer did not violate the terms of use, then the product can be returned to the store. In case of independent intervention in the device, the buyer must contact a paid service.

Free legal advice:

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

Compensation for moral damage

On the basis of Article 151 of the Law of the Russian Federation "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 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 comply with the requirements for the claim, the consumer can go to court. First you need to write an application. Together with him, documents are submitted confirming his own correctness. This may be a claim for which the seller refused to fulfill the requirements.

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

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

A copy of the statement of claim, a document confirming the 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 the violations of the store are recognized, then the buyer is paid the cost of the product and other compensation.

Phone repair under warranty

Nowadays, phones are an integral attribute 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 for phone breakdowns, but still they are 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 occurs with his phone, he will be able to hand it over for repair within the prescribed period.

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

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 a valid warranty?

When choosing a phone and having received 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 (Nokia), Lenovo (Lenovo), Sony (Sony) and Samsung (Samsung) set a warranty period of one year for their product.

This means that in the event of a phone breakdown during the warranty period, the person who purchased the product can count on its free maintenance and repair (if necessary).

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

• elimination of damage or replacement of goods;
• the period of warranty repair will be extended by the time during which the phone was under repair;
• at the service center, according to Art. 20, paragraph 2 of the Law on Consumer Protection, are obliged to provide the buyer with a similar phone 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 could not solve the problem);
• to solve the problems that have arisen in the service center are obliged within 45 days, no more than that.

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

The Consumer Protection Law says 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 applied. Based on the application, the client is required to provide 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 cost of the phone on the market. This amount will be charged for each day of repair.

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In Art. 20 of the Consumer Protection Act refers to the 45-day period allocated for the repair of the phone in 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 hand over the phone for repair under a warranty service agreement?

Let's take a look at the steps you need to take to submit your phone for warranty repair.

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

Note! Often, manufacturers Lg, Nokia, Lenovo require a charger to be handed over with the phone, but this requirement is not mandatory.

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

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At the initial stage, the employees of the service center conduct 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 so that the service center employees enter the correct data on the state of the device.

During the examination, the phone is inspected, the fact of the presence of external influences 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 repair.

At the time of accepting the device for repair, write an application for the temporary replacement of your phone with another device similar in 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.

Free legal advice:

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

What to do in case of exceeding the duration of product repair?

Terms of warranty repair

Many are interested in the question, how long will the repair 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 Consumer Protection Act 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 operation of the device should be carried out immediately. The maximum repair period is 45 days.

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The warranty periods indicated above apply to all manufacturers of mobile phones.

Based on Art. 18 of the Consumer Protection Act, you can request 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, in agreement with the buyer, a model of another manufacturer may be offered.

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

Based on Art. 13 of the Consumer Protection Act, seek a penalty for failure to comply with mandatory requirements for warranty repair or replacement services.

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From the foregoing, we can conclude that if the repair of the phone 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 non-compliance with legal requirements, the buyer can apply to the court. As a result, his phone will be replaced with a new one, and the seller will be fined for the late provision of the service.

What to do if you refuse 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 device. As it turns out during an expert examination, the phone failed due to the fault of the buyer himself.

Information about this obligation can be found in the documents and warranty cards of most manufacturers.

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

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At the service center, you will hear a refusal if you have used the phone incorrectly. Let's say your phone has taken a dip in the water. In this situation, a 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 refused a repair, but you are sure that it is illegal, demand an act of work performed (in accordance with Article 18 of the Consumer Rights Protection Law).

What does this document consist of? It contains information about the cause of the breakdown of the phone and its impact 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, demand an examination in your presence.

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The specialist will tell you about the exact causes of the breakdown and explain what can happen to the phone in the future. If it is proved that the service center denied you a repair on legal grounds, then it is you who 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 resolve the problem in court.

What to do if the phone breaks again?

What to do with a repeated breakdown of a phone repaired within a guaranteed period?

When your phone has been repaired, as a result of these actions, you are given a written report on the work done.

• when the client contacted the service center;
• discovered breakdowns;
• completed work, 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 by the time during which the phone was in the service center.

What happens if the phone is broken again?

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

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

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

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 that the store replace the mobile phone with another one or pay monetary compensation.

As mentioned earlier, the Law stands for the protection of the rights of buyers. If your consumer rights are violated (the phone constantly breaks down, and you are denied a replacement), go to court.

1 comment on 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 + a month), and the phone broke? maybe I passed it ...?

Phone warranty repair

In the event of a breakdown of the phone during the warranty period, on the basis of consumer protection law, the warranty repair of the phone must be carried out. This type of repair provides absolutely free repair services, including the replacement of parts.

The rules given in the article will help to solve the problems that have arisen with warranty repairs in a short time, without problems and inconvenience, and get back a working phone.

Phone warranty period

Cell phone warranty repairs have strict deadlines for their work.

Article 20 of the Law “On Protection of Consumer Rights” prescribes the elimination of a breakdown as soon as possible, repairs must begin immediately. Based on this article, the maximum period for the elimination of defects is 45 days.

This paragraph applies if the parties agree in writing.

Cell phone warranty period. Features of the agreement:

The minimum term is immediately;

The maximum term is 45 days;

In a written agreement, indicate the desired option;

Indicate the need to replace the phone during the repair.

When concluding a written agreement, the seller-organization should be informed of the need to replace the phone during the repair. The phone must be provided with the same functional parameters within 3 days.

If the phone was not provided, a penalty is paid - 1% of the cost of the phone for each calendar day. A penalty is also provided in case of delay in the repair.

The warranty period after the repair of the phone remains the same, the period for correcting faults is not taken into account.

What is a complaint about housing and communal services and how to write a collective complaint, read here.

Returning the phone after service

After the repair is completed, a written report must be submitted along with the repaired telephone. The report is provided by the seller of the phone, or the organization that directly makes the repair.

Warranty repair of mobile phones involves full reporting on the actions taken.

The main points of the report:

Performed work on the replacement of parts and troubleshooting, with the exact dates of their implementation;

The date the phone was returned.

The decision on the viability of verbal claims is made immediately, either in court and in writing, on the basis of an independent or judicial examination.

Did you take a loan from a bank, but the commission and all sorts of bank fees took away almost all of your savings? Read how to guarantee the return of bank commissions on loans.

Learn all about the features of the examination of goods of inadequate quality by going to this address.

Phone warranty denied

The Law "On Protection of Consumer Rights", article 18, paragraph 6 says that in relation to goods with an established guarantee, the authorized organization selling the goods is liable for malfunctions.

The exceptions are factors that provide for violation of the rules of use, transportation, storage by the consumer.

The exception is also the actions of third parties, the action of force majeure. If the consumer is denied warranty repair of the phone, you must carefully study the wording of the refusal.

The main statements that motivate the refusal to warranty repair of the phone:

Liquid ingress detection;

Withdrawal from the guarantee;

Detection of traces of mechanical damage;

Violation of the rules of operation.

If the consumer is sure of innocence regarding his participation in the causes of the malfunction, he can personally attend the examination process.

All costs associated with the examination, in accordance with the validity of the requirements, are borne by the organization against which claims are made. If the consumer fully or partially disagrees with the results of the examination, he can rightfully apply to the judicial authority.

The court also appoints an independent forensic examination.

This is the rights of consumers to warranty repair of the phone.

A recently purchased defective item gathering dust in your pantry because you don't know how to return it? Read the article about the rules for compiling and filing a claim for defective goods.

The Society for the Protection of Consumer Rights will help you protect yourself from poor-quality services of companies and from unscrupulous individual entrepreneurs. Read more here.

phone repair claim

If there are obvious shortcomings in the warranty repair of the phone, or in case of delay in the deadlines specified during acceptance, a claim should be made in writing.

Main claims:

Name and address of the seller-organization;

Consumer data, address and contact numbers;

Description of the claim with an exact indication of the date of appeal, the price of the phone and a list of defects found;

Description of consumer benefits based on various articles of the Consumer Rights Protection Law;

A full sample of the claim can be downloaded on the official website of the Society for the Protection of Consumer Rights.

After submitting a claim, it is necessary to obtain a receipt from the seller organization in its receipt.

How to get a refund if the phone broke under warranty in 2017?

Phones are the most frequently bought device from the buyer. And now, in pursuit of fashionable models, some people buy several gadgets a year. In such an environment, everyone asks questions: “Can I get money for a low-quality product?”, “How to return the 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 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, the color, equipment, functions - all this must be checked in the store, otherwise it will not be possible to return later. The only chance for a refund is to prove that you were not properly 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 accessories. This will come in handy if the mobile needs to be returned, for example, in case of a breakdown. Of course, if you do not keep the receipt, according to the Consumer Protection Law, the store is still obliged to return the money or exchange the 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 the cell phone has a significant flaw or breaks down, you can contact the store, and you have the right to choose from several possible options:

1. Return purchase or exchange.
2. Get repair and troubleshooting for the purchased model. While the repair is going on, you should be given a phone to use for a while.
3. Refund the purchase.
4. Receive a reduction in cost by the corresponding amount. This is also guaranteed.

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

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

If the first identified defect is not recognized as significant, then when returning within 15 days, you can only count on repairing the phone. Neither a refund nor a replacement in such cases does not apply.

Phone under warranty broken

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 on hand. In this case, by law, the seller is obliged to return your money or make repairs. How to return money 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 the mobile phone without requiring an exchange or a refund. Store owners will thank you. It is not right.

To get started, just try to solve the problem in 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 period of warranty repair, the consumer must be provided with another device. To do this, you just need to write a claim in two copies, one of which will remain with you, and give the second 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 guarantee gives the same rights as the main one. Therefore, feel free to go with the broken goods 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 delaying the warranty repair period. The repair period must be respected no matter what.

When you return the device to have it repaired at a service center, the seller is obliged to issue you with an appropriate certificate that describes the problem and all the components that are provided with the product. Be careful not to be deceived by a replacement model. You need to hand over the phone for repair in the package, with all the details and charging.

Sometimes, in order to repair the phone, the seller offers to check the goods 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 an examination, the buyer may not accept its results. This gives the right to another version of the 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 return money for repairs from the seller, since you will have to prove the viability of your craftsmen.

Tampering may void 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 peculiarities. This is a component part of phones, and therefore the guarantee for it may be less than for the product itself.

Batteries may not be accepted to the repair shop only if a shorter warranty period is specified in the contract, and the battery breaks after. 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 must provide a replacement. The main thing is to carefully read how long the battery warranty is given.

Product exchange or money back

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

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

1. If a significant flaw is found, the repair of which is very expensive, and exceeds the price of the device itself. This is usually detected after several warranty repairs. How to hand over the phone for repair is written in the warranty card.
2. If the phone broke down, and the repair time was 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, while after the repair there are unfinished defects or breakdowns.

If you want to get a refund of the money spent on the purchase, you will have to contact the store. On hand should be 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 fix a 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 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 up to 20 days. If the new selected model is out of stock, the waiting time should not exceed a month. Repair under warranty can wait a month and a half.

Complaint preparation and follow-up

It does not matter if you want to exchange the goods or return the money spent - you will have to write a claim. Its correctness is very important. 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 contain the following items:

1. At the beginning of the document, it is indicated to whom the claim was sent, and all the data of the seller. Usually they fit on the check or in the corner of the consumer in the store.
2. Then you should detail when and under what circumstances the device was purchased. You also need to specify all the attached documents that will confirm the fact of purchase.
3. Describe in detail the failure and how it was discovered. The phone is under warranty - what happened to it and whether repairs were made at the service center. You can attach the data of the examination, if the buyer carried it out. Be sure to mention the articles of the law on which you rely. These are consumer rights.
4. Describe your requirements to the seller and your actions in case of non-fulfillment. Indicate 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 refuses to accept the claim, but you will need proof that you served it. To do this, you can send the document by mail with a notification of acceptance. In this case, you will have a refusal paper issued by mail in your hands.

In the event that the seller refused to return the money or return the phone under warranty, you should first apply 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 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 use their rights competently.

If the phone breaks under warranty through no fault of yours, the seller is responsible for the goods sold. You should not be tormented by questions: “Can I or should I return it, is it possible to demand?”

Remember: you must act!

Cell phone warranty period

Good afternoon. Help to understand the current situation. I bought a mobile phone on 12/26/2013. zarub. Upon purchase, I was given a receipt and a document stating that the warranty period for electronic equipment is 30 days. At the time of purchase, I did not see this and was sure that the warranty period for such a product should be at least 1 year. After almost 5 months, I discovered a defect and with this problem on 05/18/2014. I contacted the service center. I was told there that since the warranty period had expired, the repair would be carried out at my expense. Are they right?

Lawyers Answers (1)

In accordance with Art. 470 of the Civil Code of the Russian Federation

The goods that the seller is obliged to transfer to the buyer must comply with the requirements provided for in Article 469

of this Code, at the time of transfer to the buyer, unless otherwise

determination of the conformity of the goods with these requirements is not provided

contract of sale, and within a reasonable time must be

suitable for the purposes for which goods of this kind are normally used.

In accordance with Art. 477 of the Civil Code of the Russian Federation:

Article 477

1. Unless otherwise provided by law or contract

purchase and sale, the buyer has the right to present claims related to

defects of the goods, provided that they are discovered in time,

established by this article.

the product has a warranty period, the buyer has the right to present

claims related to product defects, if defects are found

during the warranty period.

5. In cases where

the contractual warranty period is less than two years and

defects of the goods are discovered by the buyer after the warranty period has expired

term, but within two years from the date of transfer of the goods to the buyer,

the seller is responsible if the buyer proves that the defects

of the goods arose before the transfer of the goods to the buyer or for reasons arising from

up to this point.

Thus, you have the right to free elimination of defects in the goods, in this case, the phone. There is a rule on the legal warranty period, according to which the seller, even under the terms of the contract, cannot limit his obligations in the field of consumer warranty service.

You will need to prove that "deficiencies

goods arose before the transfer of the goods or for reasons arising from

up to this point."

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

Remember that devices such as phones, smartphones, tablets, etc., cannot be exchanged or returned just like that, since the law does not provide for this. For example, you just didn’t like the phone and a couple of days after the purchase 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 defect or a 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 buyer's hands. To do this, the device is taken for examination, which takes up to 20 days. After that, the seller either changes the device or returns the money. Of course, if the buyer himself is not to blame for the breakdown.

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

Free legal advice:

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

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Comments Off on How long does the phone warranty last?

now all offices give 1 year, and more - for a fee. but it's a scam as far as I know.

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You can find out about the warranty period in clause 6 of Art. 5 of the Law "On Protection of Consumer Rights". Only after studying all the necessary regulatory acts of the legislation, the buyer will be able to protect his rights.

The warranty period is the time period during which, in the event of a defect in the product, the manufacturer, distributor, performer or other authorized body (company, entrepreneur) undertakes to fulfill the legal requirements of the buyer regarding the defects found in the product.

Remember that the normal functioning of the product and the elimination of defects are guaranteed by the manufacturer, and not by the distributor, supplier of the product, or another person distributing the product.

Most often, the warranty period is entered into an agreement drawn up during the sale or purchase, or indicated in a special warranty card. It is during this period that you can file a claim with the store if you find any flaws in the product.

In some cases, the consumer has to prove his case that the defect relates to production, and he is not guilty of its occurrence.

Under what circumstances can you use the right to warranty service in construction?

You can understand the meaning of the concept of "guarantee" with the help of Art. 754 of the Civil Code. Based on the provisions of the standard, the contractor is responsible to the customer for the quality of construction work, which is regulated in special documentation and other important technical norms and rules.

Also, the client can find out what needs to be done if the conditions specified in the agreement are not met, or other mandatory indicators of the leased object have not been achieved.

If any structure is being restored, then the contractor is responsible for monitoring such qualities as reliability, strength, stability of the building or other building structures.

A guarantee of appropriate quality is provided by the contractor:

• for flaws and defects of any kind that caused a violation of the technical specifications or other technology rules;
• when creating an incorrect design of individual units;
• in case of improper installation, or the use of low-quality building materials.

A quality guarantee is issued both for the entire structure and for its individual elements (for example, worsening the aesthetics of the building, leading to a quick replacement of materials or parts of the object). It can also be used if minor flaws are found.

According to the Law, the contractor is obliged to eliminate all defects free of charge within the established time limits. If small defects or faulty elements are identified, they must be replaced.

Another solution to the problem is to reduce the price that was agreed in advance in the agreement. The cost reduction should be commensurate with the identified defects. This procedure is possible if it was specified in the contract.

In what cases can the buyer take advantage of the current warranty on the phone?

The phone comes with a 1 year warranty from the manufacturer. It is possible to use it only in cases that have arisen through the fault of the manufacturer. At the same time, it is necessary to prove that the buyer did not violate the operating rules, did not interfere with the software, did not subject the product to shocks.

For example, the warranty will be valid if:

• the device is not charging. Its capacity is not filled, even if the product is connected to the network. The reasons are a violation of the automation of algorithms in operation, a malfunction of the charger. Most often this happens when the company completes the product with a charger with a small current. The customer should contact the service center. There he is obliged to issue a new device;
• WiFi and Bluetooth modes do not work. Very often, this problem occurs during a failure during the installation of printed circuit board elements. As a result, one or more modules do not attach to the motherboard, and the system stops working. Thus, the service center must replace the board and give the buyer a working phone.

In most cases, there are no problems with the repair. However, there are many reasons for the manufacturer's refusal to restore work.

First of all, we are talking about mechanical damage that occurred during operation - scratches, dents, traces of various substances or liquids (today, many devices are equipped with special markers that react to water ingress in red), flashing the system, chipped or damaged parts of the phone.

In this case, it is better to immediately contact the center of independent expertise. Only after receiving the results of the check can you submit your claims.

The buyer must demand that the money be returned to him for the examination and to carry out a quality repair of the goods. To prove your case, you need to make an effort. If we talk about the price of an expert check, then it is not a cheap procedure - from 4 to 8 thousand.

As practice shows, it is very difficult to achieve the truth in this way. After all, the results for buyers are mostly negative, since the center has no desire to sue well-known brands.

When can I return, exchange or return shoes for repair under warranty?

There are several guarantees for shoes - quality and return. The latter type represents the right of the consumer to exchange only new shoes for two weeks. In this case, the product should not be worn, have a presentation and other qualities.

Packaging, tags, labels also play an important role. Present a fiscal receipt, which will confirm the reality of the transaction. Reasons for the appeal - the product did not fit the client in size, shape, color or other parameters.

If we are talking about quality assurance, then it is allowed to return used shoes in case of a defect. This is where expertise is needed. An independent center is obliged to establish the true cause of the marriage - through the fault of the consumer or manufacturer.

According to the Law, shoes can be replaced if:

• the sole has deteriorated (peeled off, burst, deformed);
• there was abrasion of the sole for 3 months from the date of use;
• the paint has come off;
• the lines were broken, holes formed.

In the event that the client has identified the above defects, he has the right to demand that the seller eliminate the defects free of charge or replace the defective product with another one. However, the buyer must prove that the defect arose prior to the transaction. This is stated in Art. 19 of the Law on the Protection of Consumer Rights of the Russian Federation.

Contact the seller at the store where the purchase took place with a claim. If the seller does not wish to comply with the customer's requirements, he is obliged to send the product for inspection.

According to the results of the expert commission, an appropriate conclusion is made - if the buyer is innocent of the defect, the money is returned to him, or another similar product is issued. It is possible to carry out repairs.

In the event that the store refuses to fulfill its obligations, the consumer has the right to go to court.

It is impossible to make an exchange or return procedure if the shoes:

• was in operation, which led to a natural deterioration in consumer properties and appearance;
• has mechanical damage in the form of cuts, cracks, burns;
• deformed due to unseasonal use, after careless wear, improper storage and other reasons depending on the buyer;
• was repaired before contacting the store with claims. Repair is not considered to be a change of heel heels or gluing of preventive soles that did not lead to a deterioration in consumer qualities and new shortcomings.

What cases are recognized as warranty when it comes to a car?

A warranty case is considered to have occurred if the item of sale or a component that has its own warranty period is rejected during the warranty period declared by the manufacturer. In this case, the existence of the material defect itself or a manufacturing defect is obvious.

Warranty claims are considered unfounded if defects appear due to violation of the rules of operation and maintenance, requirements for the use of the vehicle, components and assemblies of the fuel system.

The latter include substandard fuel with:

• low lubricity;
• the presence of moisture;
• the presence of mechanical particles and pollution;
• inconsistent with the standard values ​​of the octane number and the content of sulfur impurities.

Unskilled maintenance of the diesel fuel system is also included in the list of violations if:

• untimely replacement of filters;
• the use of filter units not intended for operation by this type of engine;
• untimely draining of liquid or condensate from the settling tanks of filter elements;
• independent elimination of deficiencies;
• the presence of mechanical faults on the warranty units of the unit.

In this case, the buyer will be denied warranty service.

Our news will become your main assistant and consultant among a huge range of mobile equipment, and at your leisure you will have the opportunity to read about interesting and curious facts from around the world. You will learn about the latest events and news from mobile technology companies, witness new ideas that have become the result of their fierce competition, find out what models will be in demand in the near future, how they will look and how much more functional they will become.

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21.05.2010 00:52:16