Phone repair under warranty. Warranty period for a cell phone according to law

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

What is the minimum warranty period?

The minimum warranty period is not defined by law, but manufacturers of smartphones and tablets, as a rule, do not skimp and guarantee the performance of their products for at least a year. Some stores sell an additional warranty along with the product, which extends the validity period of the main one by another year or two. Whether to buy it or not is your business, but if you decide, look at the device’s warranty card - it happens that the store initially does not give the same guarantee as it is written there (for example, 12 months instead of 24). This is illegal, the warranty cannot be less than the one set by the manufacturer, so sometimes there is no point in purchasing an additional one. If the product is broken, the warranty is extended for the time it was under repair, and if the product is replaced with a new one, the warranty is calculated anew. If the warranty period for a product is not specified (this also happens), it is automatically considered equal to two years. This is what is written in paragraph 1 of Article 19 of the Federal Law “On the Protection of Consumer Rights”.

Do I need a receipt when returning goods?

Almost all stores require you to show a receipt when accepting defective goods. It is not necessary to do this; according to paragraph 5 of Article 18 of the Federal Law “On the Protection of Consumer Rights”, you can prove the fact of purchase in another way. This could be the testimony of witnesses, and if the payment was made by bank card, a bank statement or a screenshot of the payment from the bank’s mobile client. You can also ask to see financial documents for the day you purchased the item, indicating the approximate time of purchase and price.

When returning money for defective goods, some stores ask the buyer to provide the buyer’s passport information and residential address, but do not warn that this is not necessary. You can indicate on the seller's letterhead or in the return application that you refuse to provide this information; you do not need to give a reason.

What warranty applies to online purchases?

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

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

Is there a warranty for gray goods?

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

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

Reasons for exchange or return

According to the law, you cannot return or exchange a quality phone

Unlike other products, you cannot exchange or return a properly working and high-quality phone within two weeks after its purchase.

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

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

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

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

1. A significant defect was discovered in the product. This means a state of the phone in which this defect: is not eliminated the first time; appears again even after repair; requires large time or financial costs (for example, commensurate with the cost of the phone); makes further use of the product difficult or impossible.
2. Due to defects or shortcomings, the use of the product becomes impossible for 30 or more days a year. For example, if the phone has been undergoing lengthy repairs (under repair) several times, this is already grounds for returning it.
3. The seller or manufacturer violates the established deadline for repairing the product. This period is determined by the parties voluntarily (it is better to secure this agreement in writing), but cannot exceed 45 days.

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

Return or exchange procedure

To return or exchange a low-quality phone, you must write a claim

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

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

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• contact Rospotrebnadzor;
• file a lawsuit.

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

It is worth going to court if the expert opinion confirms the manufacturer’s fault for the breakdown of the phone. Otherwise, the court is unlikely to make a positive decision, and the buyer will have to return the money spent on the examination to the seller.

When can I expect warranty repairs?

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

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

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

You can apply for warranty repairs:

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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 flaws in it, is free for the consumer. After completing the repair, you must take a document confirming this from the service center - a certificate of work performed. It states:

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

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

Grounds for refusal of warranty service

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

• is guilty of breaking the phone (for example, he dropped it on the floor or in water);
• tried to make repairs on my own;
• used the product carelessly or for other purposes;
• violated the requirements specified in the instructions.

Consequently, all breakdowns and problems with the phone that arose due to the user’s fault or as a result of outside influence must be corrected by the user himself. The seller does not bear any responsibility in these cases. The buyer can seek repair services elsewhere or simply pay for them at the service center.

When exchanging or returning a phone, difficulties often arise due to the fact that this product is classified as technically complex. It can be returned or exchanged only if there is a significant defect and 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 fails, and then it is important to know some of the subtleties of the law. You need to know how long the phone warranty lasts and what cases it covers.

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

What do you need to know when purchasing?

It is necessary to save all payment documentation: check, agreement. They may be needed when filing a claim in the event of a breakdown. They can also be used if you go to court. If they are lost, the testimony of witnesses will be the best way out 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 defect. Only the breakdown should not be caused by the buyer, who complied with all operating conditions.

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Rules for filing a claim

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

should be printed in duplicate. The originals should be kept with you. They will be required if you file an application 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. Only this will require an independent examination. If the court finds that the buyer is right, the store will pay him the cost of the goods and moral compensation.

Carrying out an examination

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

The consumer can optionally participate in this procedure. He can conduct an independent examination.

Exchange of goods

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

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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 regarding the quality of the product. You need to bring the equipment and documents for it to the store. The seller must put an acceptance mark on his copy.

Best solution - exchange or return?

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

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

Return and exchange conditions

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

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

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

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

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

Deadlines for claims

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

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

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

Delivery of equipment

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

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

Device complexity

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

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

Repair features

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

A defect in the technology can be anything: bad key presses, poor sound quality, or the display constantly goes blank. If the consumer has not violated the operating conditions, the product can be returned to the store. When tampering with the device independently, the buyer must contact a paid service.

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

Compensation for moral damage

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

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

Going to court

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

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

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

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

Phone repair time under warranty

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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What is the warranty period after repairing household appliances? Read here.

What to do if the product repair time exceeds?

Duration of warranty repairs

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

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

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

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

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

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

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

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

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

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

What to do if warranty repair of a smartphone is refused?

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

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

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

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

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

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

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

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

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

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

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

What to do if your phone breaks down again?

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

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

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

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

What happens if the phone breaks again?

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

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

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

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

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

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

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

Warranty phone repair

If the phone breaks down during the warranty period, on the basis of the consumer protection law, the phone must be repaired under warranty. This type of repair provides absolutely free repair services, including replacement of parts.

The rules given in the article will help you solve problems that arise with warranty repairs in a short time, without problems or inconveniences, and get a working phone back.

Warranty phone repair periods

Warranty repair of a cell phone provides for strict deadlines for its completion.

Article 20 of the Law “On the Protection of Consumer Rights” prescribes the elimination of breakdowns in the shortest possible time; repairs must begin immediately. Based on this article, the maximum period for eliminating defects is 45 days.

This paragraph applies in the case of a written agreement between the parties.

Warranty period for cell phone repair. Features of the agreement:

The minimum period is immediate;

Maximum period – 45 days;

In case of written agreement, indicate the desired option;

Indicating the need to replace the phone during repairs.

When concluding a written agreement, you should notify the seller-organization of the need to replace the phone during repairs. 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. Penalty is also provided in case of delay in repairs.

The warranty period after the phone is repaired remains the same; the period of troubleshooting is not taken into account.

What constitutes a complaint against housing and communal services and how to write a collective complaint, read here.

Returning the phone after service

Once the repair is completed, a written report must be provided along with the repaired phone. The report is provided by the phone seller or the organization directly performing the repair.

Warranty repair of mobile phones requires full reporting of the actions performed.

Main points of the report:

Work performed to replace parts and eliminate faults, with the exact dates of their implementation;

Phone return date.

A decision on the validity of verbal claims is made immediately, or in court and in writing, based on an independent or judicial examination.

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

Refusal of phone warranty service

The Law “On the Protection of Consumer Rights”, Article 18, paragraph 6 states that in relation to a product with an established guarantee, the authorized organization selling the product is liable for defects.

The exception is factors that involve violation of the rules of use, transportation, and storage by the consumer.

The exception is also the actions of third parties and force majeure. If a consumer is denied warranty repair of a phone, it is necessary to carefully study the wording of the refusal.

Basic wording motivating refusal to repair a phone under warranty:

Detection of liquid ingress;

Warranty withdrawal;

Detection of traces of mechanical damage;

Violation of operating rules.

If the consumer is confident in his 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 to which the claims are made. If the consumer completely or partially disagrees with the results of the examination, he can fully appeal to the judicial authority.

The court also orders an independent forensic examination.

This is the consumer's rights to warranty phone repair.

A recently purchased defective product is gathering dust in your pantry because you don’t know how to return it? Read the article about the rules for drawing up and filing a claim for a defective product.

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

Phone repair claim

If obvious deficiencies are discovered in the warranty repair of the phone, or if the deadlines specified upon acceptance are exceeded, a claim must be submitted in writing.

Main points of complaint:

Name and address of the seller organization;

Consumer data, address and contact numbers;

Description of the complaint with an exact indication of the date of application, the price of the phone and a list of detected defects;

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

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

After filing a claim, you must obtain a receipt from the seller organization for its receipt.

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

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

Information for buyers about purchasing a phone

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

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

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

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

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

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

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

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

The phone is broken under warranty

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

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

First, try to simply solve the problem in the store where you bought it. The seller will likely inspect and repair it. At the same time, the law clearly states that during the 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 you will keep, and the second you will give to the seller along with the broken device.

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

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

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

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

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

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

Third party intervention 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 characteristics. This is a component part of phones, and therefore the warranty on it may be less than on the product itself.

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

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

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

Exchange of goods or refund

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

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

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

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

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

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

Filing a claim and subsequent actions

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

The paper should consist of the following items:

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

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

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

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

Conclusion

If the phone breaks under warranty, the 2017 rights allow you to get money from the seller or a new phone. Everyone should know this and be able to exercise their rights wisely.

If the phone breaks under warranty through no fault of yours, the seller is responsible for the product sold. You shouldn’t be tormented by questions: “Can I or should I get it back, can I demand it?”

Remember: we must act!

Warranty period for a cell phone according to law

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

Lawyers' answers (1)

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

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

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

there is no provision for determining product compliance with these requirements

purchase and sale agreement, and within a reasonable period must be

suitable for the purposes for which goods of that kind are usually used.

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

Article 477. Time limits for discovering defects in transferred goods

1. Unless otherwise provided by law or agreement

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

defects in the goods, provided that they are discovered within the time limit,

established by this article.

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

requirements related to product defects when defects are detected

during the warranty period.

5.In cases where

the warranty period provided for in the contract is less than two years and

defects in the goods were discovered by the buyer after the expiration of the warranty

period, 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 that arose

up to this point.

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

You will need to prove that the “deficiencies

of the goods arose before the transfer of the goods or for reasons that arose

until this moment."

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Buying a telephone or household appliance is almost never complete without a persistent offer to buy an additional warranty or insurance. For some reason, it is rarely possible to refuse an extended warranty certificate or insurance policy. Sometimes the buyer only finds out about the presence of a paid warranty or insurance for the phone at home by looking at the receipt. Readers of the site often don’t even know what to do with all this happiness, and under what guarantee or insurance they can get repairs or a refund if something happens. Let's explain what's what.

Warranty period (basic warranty, statutory warranty)

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

Features of the basic guarantee

• Service under the basic guarantee is regulated by consumer protection law.
• The basic warranty covers almost all product defects, except those caused by violation of operating rules (defects caused by the buyer, spills, mechanical damage, viruses, etc.), actions of third parties (children, thieves, Godzilla) and force majeure (hurricane, flood and etc.).
• Under the basic warranty, you can request a refund, exchange, free warranty repairs, a proportionate reduction in the price of the product, or reimbursement of the costs of eliminating product defects - at the buyer’s choice. However, there are nuances for technically complex products, incl. smartphones and tablets. More details in the article:
• You can apply for the basic warranty to a store, authorized service centers, manufacturer or importer - at the buyer’s choice.
• During the warranty period, the store may refuse a claim if it proves that the defect arose as a result of your violation of operating rules, the actions of third parties or force majeure (Part 6, Article 18 of the Labor Code).

The basic warranty has another unobvious advantage: you can make claims for defects in goods not only during the warranty period, but also within 2 years from the date of purchase.

True, to do this you will have to independently prove that the defect in the goods arose before the moment when the goods were handed over to you. Roughly speaking, the product has a manufacturing defect. Most likely, you will have to do an independent examination, but if the outcome is positive, you will not only be able to get a refund or exchange, but also receive compensation for your examination costs. But that's not all! In addition to the warranty period, there is also life time.

If it is not directly stated anywhere in the documents for the product, it is considered that the service life is 10 years from the date of purchase. During the service life of 10 years, you can make claims to the manufacturer of the product due to significant defects in the product. First, a claim for free repairs is written. The manufacturer has 20 days to satisfy the claim. If this does not happen, you can demand up to a refund for the purchase.

Additional guarantee (certificate)

The Consumer Protection Law gives trading organizations and manufacturers the right to assume a so-called “additional obligation” in relation to product defects that appear after the end of the main warranty period. The terms of this additional obligation are determined by the store/manufacturer itself and stipulate them in the certificate or agreement for the purchase of an additional guarantee, which is concluded with the buyer. There is no detailed legislative regulation of such paid additional guarantees.

• Features of additional warranty
• The additional warranty begins to apply after the end of the regular one.
• Service under the additional warranty is provided by the store itself or a specific service center authorized by the manufacturer. Most often, an additional warranty does not provide the right to a refund or exchange of goods; it only implies free repairs.
• Although it’s free - you paid for the guarantee certificate, right?
• If, according to the certificate of additional guarantee, the product cannot be repaired or the repair periods specified in it are violated, then you can ask for a refund for this guarantee.

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

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

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

Insurance (insurance policy)

Voluntary insurance of telephones and household appliances is an additional service that is offered in addition to the main purchase. The insurance operates in parallel with the regular warranty and is usually intended for those cases that are not covered by the statutory warranty. This could be mechanical damage, theft, floods, etc. You can receive insurance compensation from the insurance company; the store has nothing to do with it.

Features of equipment insurance

• Service rules for equipment insurance are determined insurance policy and insurance rules(each insurance company has its own), as well as insurance laws (for example, the Civil Code).
• The insurance is valid for the period specified in the policy. Most often this is 1 year.
• Insurance compensation can be in the form of cash payment, exchange, organization of repairs at a service center, compensation for repair costs, etc. - as specifically provided for in your contract.
• You can receive compensation under an insurance policy only in those cases that are covered by this insurance (see the section on insurance risks and insured events).
• If an insured event occurs, you need to contact the insurance company, and if there is no positive decision, write a claim and file a lawsuit.

I have an additional warranty, insurance and a regular warranty. How to understand why you can repair your phone?

• During the warranty period- if you haven’t dropped, broken, or flooded your phone, and followed all operating instructions, the defect is presumably a manufacturing defect, you should use the regular warranty. Go to a store or authorized service center. For ordinary goods, you can not carry out repairs, but immediately request a refund or exchange. For technically complex products, a return or exchange can most often be obtained based on the results of at least one warranty repair.
• During the insurance period— if the case is clearly not covered by warranty or you are denied warranty service, check your policy and insurance rules. You might be able to get something from the insurance company.
• After the end of the warranty period— repairs are possible under an additional warranty (certificate).

They sold me an additional warranty on the phone. Is it possible to get my money back for it?

Yes it is possible. There are 3 cases when you can demand a refund.

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

• The additional warranty has not expired— you can count on a refund of up to 100% of the cost.
• Additional warranty is already in effect— in the absence of requests for repairs, you can most often receive money in proportion to the unused warranty period.
• The additional warranty period has expired— a refund is not possible, even if you have never exercised your right to repair under the additional warranty.

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

Can I get my phone insurance money back?

You can get your money back for unnecessary insurance during the cooling period. Now by law it is minimum 14 calendar days from the date of conclusion of the contract (may be longer if so written in the policy and rules). Before 2018, the cooling period was 5 working days. Of course, a refund is possible if you have not yet had an insurance claim. During the cooling-off period, you can return part of the insurance price in proportion to the unused time. If the cooling-off period has already ended, and the policy with the insurance rules no longer contains any other grounds for the return of the paid insurance premium, then it will not be possible to return the money.