Terms of warranty repair of mobile phones. Poor-quality cell phone repair: features of warranty and ordinary repairs. Actions in case of refusal to repair the phone under warranty

11.04.2020

How to return the phone under warranty? Every person who, for some reason, decided to return a cellular communication device and get money back, may be interested in a similar question. A similar problem can also occur in cases where the phone remains faulty after repair. Below we will analyze these and other issues related to this problem in detail, in particular, we will consider what to do if the purchase receipt is not saved, as well as how to file a complaint against a seller who refuses to accept equipment under warranty.

Important! It should be borne in mind that:

Each case is unique and individual.

Careful study of the issue does not always guarantee a positive outcome of the case. It depends on many factors.

To get the most detailed advice on your issue, you just need to follow any of the proposed options:

It is imperative to know the features of warranty service in order to understand whether it is possible by law to return a cellular communication device under warranty.

So, the warranty period is a specific period during which the manufacturer guarantees high-quality work and full serviceability of the phone. If deficiencies are identified, the device can be handed over for repair, which will be free if the malfunction is covered by warranty service.

Note! The warranty period cannot be standard. It is installed personally by the manufacturer on each copy, depending on its features and functionality. In some cases, this is not provided, and then the seller personally establishes the warranty period and issues the corresponding obligation to the buyer in writing.

When issuing a guarantee sheet, you need to pay attention to a number of restrictions:

The warranty can only be issued for a communication product that was brought into the country legally, that is, purchased by the buyer at the service center of the dealer network. Such stores usually operate in different cities with the aim of consulting customers, selling products, and also providing spare parts for broken phones (if the breakdown is included in the warranty) at the expense of the manufacturer.

If the goods were imported into the country under the "gray" scheme, which is easy to check by product markings, then the guarantee for the product will not be provided.

The beginning of the warranty period can vary significantly, and you should ask the seller about this. The details of this are set out in Art. 19.2 of the Law "On Protection of Consumer Rights". In particular, the beginning of the warranty may be the day the model was produced, the time the manufacturer handed over the model to the seller, or the moment the phone was sold.
The warranty for accessories that are often included with the product may differ from the warranty for the phone itself or may not be available at all. Most often this applies to accessories that wear out quickly, Supplies, software etc. This practice is common and applies everywhere, so you need to take this into account when purchasing a product.
Keep in mind that in certain cases, warranty information is not listed in a separate document (coupon or commitment). It may appear on the phone's label, label, packaging, or be marked in any other way.
Keep in mind that the warranty period and the service period are two different concepts. The second implies the opportunity for the buyer to use a simpler procedure for checking the characteristics of the model, eliminating breakdowns or defects in the service center.

In what cases can I return the phone under warranty?

In what cases can I return the phone under warranty? You should be aware that, by law, the buyer has the right to return a product that does not fit for any reason within 14 days from the date of purchase. However, this does not apply to telephones that are serviceable, since they belong to the category of technically complex devices, which are indicated in the decree "On approval of the list of technically complex goods" N 924 (effective from 11/10/2011).

Note! We can conclude that the return of the phone to the store where it was purchased is allowed only if there is a malfunction. If this defect is a manufacturer's defect, then you can return the equipment and get your money back only within the first two weeks after purchase.

In addition, some conditions must be met for the seller to accept the phone back and return the money for it, namely:

the defect reappears after repair, which continues repeatedly;
the detected malfunction will be eliminated for a long time or the repair involves significant expenses;
actual repair period - more than 45 days.

If the product cellular communication have to be handed over annually under a warranty for repairs that last more than one month, then the device can be returned to the seller within two years from the date of purchase.

Algorithm on how to return the phone within 14 days after purchase

The algorithm for returning a phone within 14 days after purchase is simple, but has some peculiarities. The procedure is as follows:

drawing up a written complaint to the seller;
if the claim is satisfied, you need to return the phone and receive funds for it;
if the seller refuses to accept the product, you need to file a lawsuit.

Please note that the seller may insist on an examination to determine the cause of the malfunction. By default, the seller pays for this, but if the examination proves that the malfunction was due to the fault of the buyer (he broke or burned the product on purpose), then the latter must forcibly pay all costs.

After the examination (if it revealed that the malfunction was not the fault of the buyer), a person can:

receive money for a cellular communication product;
exchange the phone for a similar (with the same characteristics), but fully serviceable;
receive a model from another manufacturer instead of the product, but at an identical price (or with an additional payment);
Give the phone for repair and wait for it to finish.

The choice is entirely up to the buyer. The seller can only offer the best, in his opinion, solution. If mutual agreement is not reached, then the buyer has the right to apply to the court with a statement of claim, guided by the law "On Protection of Consumer Rights". In this case, you can submit claims for compensation material damage as well as moral compensation.

Can I return it under warranty without a receipt?

Can I return it under warranty without a receipt? This is possible, but the buyer must prove that the purchase was made from this seller. In addition, remember that if you want to return the product to the seller, then the phone must be:

with all accessories;
in the original packaging;
with a warranty card or obligation (if it was issued upon purchase);
with a cash or sales receipt, receipt or other paper that could confirm the fact of purchasing the product in this particular store.

Remember! In most cases, the seller can turn a blind eye to the fact that some accessory is out of stock, but the lack of a packing box or receipt can lead to difficulties. By law, the seller does not have the right to refuse to accept the product, but the buyer is obliged to prove that the purchase was made in this particular store. This can be done through circumstantial evidence or eyewitness testimony.

How to get a refund for a faulty phone under warranty after repair?

How to get a refund for a faulty phone under warranty after repair? This is a legitimate question for the buyer if, after the process of correcting the defect, the product still does not work or functions with problems. In most cases, after the repair is carried out by the service center, if it was not possible to fix the problem, there will be no difficulties in returning the money.

By law, a phone that cannot be restored to good condition in a service center can be returned within two years from the date of purchase. In this case, the specific warranty period does not matter, that is, even if the warranty has passed, the product must be accepted and the funds returned.

Features of making a claim for the delivery of the phone

The features of making a claim for the delivery of the phone must be studied so that it is accepted by the seller. In fact, the law does not provide for any special requirements, but it is important to observe the correct paperwork, as this will determine the buyer's further actions in case the seller refuses to accept the phone.

So, in a written claim, drawn up by hand or using a computer, the following information should be given:

name of the seller (organizational and legal form of ownership, address (legal) and location of the store);
Full name of the buyer, address of residence, mobile phone number for communication;
then in the middle you need to write “Claim”, specifying the name of the document;
indicate the outlet where the purchase was made, as well as the cost of the product;
the following describes the product purchased: model, manufacturer, product number and warranty period;
specify the malfunctions that have appeared;
if possible, write about the legal grounds that allow you to make a claim;
indicate the documents that are attached to confirm the fact of purchase of the phone and the presence of a malfunction in it;
date, signature, full name of the buyer.

On our website you can download a sample claim to understand the correctness of the document.

The claim must be made in two copies: one for the seller (it is handed over personally or sent by mail), the second for the buyer (it requires a signature from the seller that he received the claim).

Seller Complaint Procedure

The procedure for filing a complaint with the seller involves the following steps:

Take the phone, packing it in the factory box and adding the accessories that came with the kit. Also take the warranty card and other receipt with you.
Visit the point of sale, hand one of the copies of the claim to the seller and make sure that he signed the second copy indicating that the document was received.
If the seller refuses to accept the application, send it by mail, using the additional description of the attachment and the return receipt.
When the seller accepts the claim, he draws up an inventory, which includes data on the means of communication, equipment and shortcomings (clarification is given: from the words of the buyer). The seller may insist on an examination, arguing that he is not a technical specialist on the phone. An examination is necessary to certify the fact of a breakdown and that the buyer is not at fault for the appearance of a malfunction.
When the phone is sent to service center, the buyer receives a conclusion stating whether the breakdown is a warranty case (for example, a broken phone screen cannot be repaired under warranty). If the conclusion for some reason does not suit the buyer, he can order an independent examination.

Note! According to the law, the period for considering a claim is 10 days from the date of delivery of the document to the seller (this is evidenced by a mark on the second copy of the document).

The buyer has the right to go to court to resolve the dispute with the seller if the latter refuses to come to a mutual agreement regarding the problem.

Claim in court

A lawsuit in court is the last measure resorted to by buyers to restore justice if the seller does not meet halfway. Keep in mind that the statement of claim must be drawn up correctly (the features are described in Article 131 of the Code of Civil Procedure of the Russian Federation). If in doubt, it is better to entrust the preparation of the document to a professional.

Remember that the claim must include a number of information:

the name of the court where the claim is being filed (indicating the address of the location of the court);
Name, address of residence and telephone number for communication of the plaintiff;
information about the defendant: the legal address of the store and its actual location;
then in the middle you need to write the name of the document, in this case it is “Statement of Claim”;
after that, you need to describe where and at what cost the phone was bought, and also clarify what the warranty period is;
then the detected malfunction is described and documents are attached (in the application they are simply listed) that can confirm this;
further, it is necessary to clarify what measures the buyer took to resolve the dispute with the seller;
be sure to specify what the seller's reaction was to the claim provided to him (without emotions, harsh and obscene expressions);
describe (if possible) legal grounds to initiate legal proceedings;
clarify the essence of the claims;
describe the list of documents that will be attached to the claim;
date, signature, full name of the plaintiff.

The state duty, provided that the claims do not exceed one million rubles, is not paid. At the same time, not only the consumer personally (he must be legally capable) can file an application with the court, but also other persons acting in his defense, including the prosecutor, public organizations(they must have status legal entity) and a representative of Rospotrebnadzor.

Remember that the buyer has the right to sue:

at the place of actual residence or permanent residence;
at the place of registration of the defendant (the legal address of the store) or the actual location of the establishment where the purchase was made;
at the place of residence or stay on tax records in cases where the defendant - individual entrepreneur.

In other words, according to the law, the plaintiff has the right to choose where exactly to file the claim. But it is important to bear in mind that in cases where the claims are less than 50 thousand rubles, you need to apply to the world court, and if more - to the city or district. This is a mandatory requirement, prescribed in Art. 24 Code of Civil Procedure of the Russian Federation.

The term of consideration of the case depends on the instance where the applicant applied. In particular, the justice of the peace considers the application for one month, and the district - within two.

As you can see, it is possible to return the phone under warranty, of course, provided that there is a malfunction. You can even do without a receipt if it was lost, but you need to prove that the product was purchased at a particular outlet. Remember that even in cases where the seller refuses to meet halfway, you can achieve justice by going to court. You need to do this correctly or seek help from an experienced lawyer.

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The breakdown of a new phone is an unpleasant case, but with this technique it is not uncommon. The real question is what to do in such a situation. Especially when the equipment suits, it is convenient to use, and there is neither desire nor money to buy a new one. In this case, you should pay attention to the warranty, and not only the distributor, but also the manufacturer. And if the warranty period is still relevant, you can safely contact for service.

How to return the phone for repair under warranty?

There are some nuances in correctly handing over the purchased goods within the warranty period. The owner of the broken equipment can count on its immediate restoration under warranty service. Is free. However, in practice, many face obstacles.

Initially, you should pay attention to where you should go to hand over the equipment. Legislative norms provide that the consumer has the right to contact both the service center and the store itself. The latter may try to redirect the client to the service, but this is not entirely legal. That is, it is not prohibited, but it does not allow legal basis avoid liability for defective goods.

To hand over the phone for repair under warranty, you will need the following papers:

receipt for the purchase of goods - when, where, for how much was purchased;
valid warranty card.

When accepting for repair work, an act is drawn up, which indicates all the data of the owner, equipment, details of the receipt and the corresponding coupon. External data are also indicated, as well as those damages that must be repaired. This also includes an inventory of everything that is rented with the goods. At the same time, it is necessary to indicate that the period of repair work should be minimal.

You should be aware that in the absence of the original packaging, they cannot refuse to repair the phone under warranty. It is also recommended that the customer keep the original receipt and warranty card. Or at least have copies of them on hand - in the event of a trial, they will become a serious argument.

How to get a refund for a phone under warranty after repair

Many are faced with a situation where, after repair work, a malfunction is soon detected again. At the same time, 15 days during which it was possible to hand over the goods have already passed. In this case, a refund for a phone under warranty after repair can be made for the following reasons:

discovery of a serious marriage;
the maximum period of repair work was violated - 45 days;
due to frequent breakdowns in each warranty year, the device was under repair for more than a month.

In these cases, the money for the purchase can be returned or exchanged for a quality analogue. At the same time, it should be remembered that warranty service is extended for the period during which the malfunctions were eliminated.

Replacement phone during warranty repair

When returning a phone for repair under warranty, the consumer must take into account that, under the Law, he has the right to a replacement product. That is, when drawing up an act for repair work, one should indicate the desire to get a similar device for use at his time.

The store or service has no right to refuse this and the replacement of the phone for the period of repair under warranty must be carried out within the next three days. Otherwise, a penalty of 1% of the cost will be charged for each day.

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

Consumers often have a question about how long a phone can be repaired under warranty. The Consumer Protection Act specifies that such a period cannot exceed 45 days. Many services and stores, when drawing up an act on the acceptance of goods for warranty service, indicate this particular period.

You should know that the consumer has the right to correct it and indicate the desired one, up to immediate. If the case goes to court, then the specified period of 45 days will be more difficult to challenge. Moreover, during the judicial resolution of this conflict, an examination is drawn up, which reveals in practice how much time is needed to carry out repair work.

That is, for obvious reasons, it is not always possible to eliminate a malfunction in one day. However, if the examination reveals that the service took longer than it should have, a penalty of 1% of the cost will be charged for each day. In order to protect your rights, you only need to have the necessary documentation.

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 outlets they try to keep quiet about it.

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 given number on the warranty card.

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. That's why they offer to repair mobile device, and this is 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:

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.
You should pick up the receipt issued when buying a mobile phone, as well as a warranty card.
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's not all.

It's 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:

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to know how to solve exactly your problem - contact the online consultant form on the right or call:

Dear Clients!
We ask you to familiarize yourself with the terms of repair at Your Mobile Service LLC -
authorized service center Samsung, Apple, Sony, BQ, Iridium.

LLC "Your Mobile Service" accepts for warranty and post-warranty repairs mobile phones of various brands, including Samsung, Apple, Sony, BQ and satellite phones of the Iridium brand.

The repair period for any model of phone, laptop or tablet is from 1 (one) hour to 3 (three) days if spare parts are available in the company's warehouse, if the necessary spare parts are not available, the repair period can be up to 45 (forty-five) days. If more repairs are needed high level the phone can be sent to a service center with a higher level of authorization.

1. LLC "Your Mobile Service" is not responsible for the performance of the phone, laptop or tablet in the following cases:

· Availability of accessories and accessories not specified in the application when handing over the equipment for repair;

Loss of data in the individual (built-in) memory of the phone, due to actions related to unprofessional reprogramming, replacement of memory blocks, installation of additional software;

· Damage to the device's memory card when it was removed from the machine.

· If the conditions specified in the warranty card are violated by the owner;

If mechanical damage is detected;

If there are signs of liquid or moisture intrusion.

3. The official service center of Apple, Sony, Samsung, Iridium reserves the right to refuse the customer warranty repair and offer paid repair services to the owner of the phone, if during the diagnostic process cell phone an error is detected as a result of:

Careless handling of a cell phone, non-compliance with operating conditions, changes in the design of the device, which was not provided for in technical documentation;

· Presence of extraneous parts and objects not provided by the cell phone developer;

· Presence of various damages caused by the ingress of liquids onto the surface or into the body of the device, as well as insects or their metabolic products;

· Unforeseen natural disasters and natural cataclysms, as well as previously carried out low-quality repairs carried out by unskilled specialists.

4. The official service center of Samsung, Apple, Sony, Iridium has the right to refuse the customer in warranty repair if the components and parts of the phone and its finishes are out of order due to their increased wear.

5. In the case of a paid repair by Sony, the service center (Moscow) provides a guarantee for this type of repair, the warranty period is from 1 to 3 months. If during the diagnostics violations of the cell phone operation rules were revealed (mechanical damage to the device, liquid ingress into the phone case or other obvious violations when using Sony phones), the warranty service center is not responsible for the further operability of the cell phone if the client refuses the paid service offered to him. device repair.

6. Service center Samsung, Apple, Sony, Iridium in Moscow after 14 (fourteen) or more days, after the completion of repair work and the absence of the owner of the phone for the repaired product, send a notification about the readiness of the device. The notification is an SMS message or a call from a service center specialist at the phone number specified by the owner of the device when the product was handed over for repair. If the owner fails to appear at the service center office within three days after notification, the Sony service center in Moscow has the right to charge the client an additional fee for storing the repaired product in the office, the cost will be 50 rubles per day. In case of implementation warranty repair phone, the warranty period is extended for the time the device is being repaired (from the moment the client contacts Your Mobile Service LLC and until the actual completion of all types of repair work).

7. If it is not possible to carry out repair work, the Sony service center in Moscow has the right to dispose of the device one month after the notification has been delivered to the owner of the equipment and the current debt has been paid off.

8. The Apple, Sony, Samsung, Iridium service center is not responsible if the owner provides false contact information.

9. In case of non-appearance of the owner of the equipment within 30 (thirty) calendar days after delivery of notice of the completion of the repair of a Sony phone, the service center has the right to evaluate and sell the equipment, thereby reimburse the costs incurred for the repair and storage of the cell phone in the warehouse of the service centers. The rest of the amount received from the sale of equipment, the client can receive by applying to the administration of the service center "Your Mobile Service".

Conditions for issuing equipment:

1. Issuance of repaired equipment is carried out only to the person indicated in the service center receipt when the equipment was handed over for repair, if there is a passport or any other identification document (military ID, service ID, etc.), or a handwritten power of attorney with an attached copy of the passport .

2. The absence of these documents or a written power of attorney is the basis for an official refusal to issue the repaired equipment, until the relevant documents are provided.

3. The addresses of Apple, Sony, Samsung, Iridium service centers where equipment is received and issued are indicated on the site.

Administration of OOO "Your mobile service"

When buying equipment, a person pays attention not only to product characteristics, but also on the terms of warranty service.

According to these conditions, a person will be able to hand over the phone for service within a certain period upon detection of a breakdown.

Typically these manufacturers mobile phones how Nokia (Nokia), Lenovo (Lenovo), and (Samsung) offer their customers one year warranty. Therefore, if any breakdowns occur during this period, a person has the right to bring the goods to the nearest service and use free service on .

What guarantees us such free repair in a strictly allotted period:

Not all buyers know what rights warranty repairs provide them.

So, for example, according to the Consumer Rights Protection Law, for the time that the phone will be in after-sales service, a person has the right to demand replace broken model for equipment with similar properties.

Filling out special statement a person can expect to be given another model to use within three days. If this does not happen, then the seller is threatened 1% penalty from the market value of the phone for each day of repair.

Also, using the guarantee, a person can expect that the equipment will be repaired. maximum 45 days. This period is defined and indicated in Article 20 of the already mentioned Consumer Rights Protection Law. The buyer also has the right to demand immediate repair of his equipment.

Article 20 Law of the Russian Federation "On Protection of Consumer Rights". Elimination of defects in the goods by the manufacturer (seller, authorized organization or authorized individual entrepreneur, importer)

If the term for eliminating product defects is not determined in writing by agreement of the parties, these defects must be eliminated by the manufacturer (seller, authorized organization or authorized individual entrepreneur, importer) immediately, that is, within minimum term objectively necessary to eliminate them, taking into account the commonly used method. The term for eliminating defects in goods, determined in writing by agreement of the parties, may not exceed forty-five days.
If during the elimination of defects in the goods it becomes obvious that they will not be eliminated within the period specified by the agreement of the parties, the parties may conclude an agreement on a new period for the elimination of defects in the goods. At the same time, the absence of spare parts (parts, materials), equipment or similar reasons necessary to eliminate the shortcomings of the goods shall not be the basis for concluding an agreement on such a new period and shall not exempt from liability for violation of the period initially determined by agreement of the parties.
With regard to durable goods, the manufacturer, seller or authorized organization or authorized individual entrepreneur is obliged, upon presentation of the specified requirement by the consumer, within three days to provide the consumer free of charge for the repair period with durable goods having the same basic consumer properties, providing delivery at their own expense. The list of durable goods to which this requirement does not apply is established by the Government of the Russian Federation.
In case of elimination of defects in the goods, the warranty period for it is extended for the period during which the goods were not used. The specified period is calculated from the day the consumer applied with a requirement to eliminate the defects of the goods until the day of its issuance upon completion of the repair. When issuing goods, the manufacturer (seller, authorized organization or authorized individual entrepreneur, importer) is obliged to provide in writing to the consumer information on the date of the consumer's request to eliminate the defects of the goods discovered by him, on the date of transfer of the goods by the consumer to eliminate the defects of the goods, on the date of elimination of the defects of the goods with their description, on the used spare parts (parts, materials) and on the date of issue of the goods to the consumer upon completion of the elimination of defects in the goods.
When eliminating the shortcomings of the goods by replacing the component product or component of the main product, for which the warranty period is established, with a new component product or constituent part of the main product, a warranty period of the same duration is established as for the replaced component product or component of the main product, unless otherwise provided by the contract, and the warranty period is calculated from the date of delivery of this product to the consumer upon completion of the repair.

You can find out about the terms of warranty repairs, and the article tells about the maximum time for repairs and how to file a claim for non-compliance with them.

Procedure

The goods are then sent to expertise which is carried out in the presence of the buyer. A professional will tell you in detail about the causes of the breakdown, as well as the consequences of a particular impact on the product. In the event that the refusal was initially lawful, Article 18 obliges the buyer himself to pay the seller the cost of expertise.

If and expert review does not satisfy the client, he has the right to apply to the fact of possible violations of his civil rights.

Article 18 Law of the Russian Federation "On Protection of Consumer Rights". The rights of the consumer in case of defects in the product

1. The consumer, in case of detection of defects in the goods, if they were not specified by the seller, at his choice, has the right to:

demand a replacement for a product of the same brand (the same model and (or) article);
demand a replacement for the same product of a different brand (model, article) with the corresponding recalculation purchase price;
demand a commensurate reduction in the purchase price;
demand immediate gratuitous elimination of product defects or reimbursement of expenses for their correction by the consumer or a third party;
refuse to fulfill the contract of sale and demand the return of the amount paid for the goods. At the request of the seller and at his expense, the consumer must return the goods with defects.

In this case, the consumer has the right to demand also full compensation for losses caused to him as a result of the sale of goods of inadequate quality. Losses are reimbursed within the time limits established by this Law to meet the relevant requirements of the consumer.

In relation to a technically complex product, the consumer, in the event that defects are found in it, has the right to refuse to fulfill the contract of sale and demand a refund of the amount paid for such a product or demand its replacement with a product of the same brand (model, article) or with the same product of another brand (model, article) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer of such goods to the consumer. After this period, these requirements are subject to satisfaction in one of the following cases:

discovery of a significant defect of the goods;
violation of the deadlines established by this Law for the elimination of defects in goods;
the inability to use the product during each year of the warranty period in the aggregate more than thirty days due to the repeated elimination of its various shortcomings.

The list of technically complex goods is approved by the Government of the Russian Federation.

2. The requirements specified in paragraph 1 of this article are presented by the consumer to the seller or an authorized organization or an authorized individual entrepreneur.

3. The consumer has the right to present the requirements specified in paragraphs two and five of paragraph 1 of this article to the manufacturer, authorized organization or authorized individual entrepreneur, importer.

Instead of presenting these requirements, the consumer has the right to return the goods of inadequate quality to the manufacturer or importer and demand the return of the amount paid for it.

4. No longer valid.

5. The consumer's lack of a cash or sales receipt or other document certifying the fact and conditions of the purchase of goods is not a basis for refusing to satisfy his requirements.

The seller (manufacturer), an authorized organization or an authorized individual entrepreneur, importer are obliged to accept the goods of inadequate quality from the consumer and, if necessary, to check the quality of the goods. The consumer has the right to participate in the quality control of the goods.

In the event of a dispute about the reasons for the occurrence of defects in the goods, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer are obliged to conduct an examination of the goods at their own expense. Examination of goods is carried out within the time limits established by Articles 20, 21 and 22 of this Law to meet the relevant requirements of the consumer. The consumer has the right to be present during the examination of the goods and, in case of disagreement with its results, to challenge the conclusion of such an examination in court.

If, as a result of the examination of the goods, it is established that its defects have arisen due to circumstances for which the seller (manufacturer) is not responsible, the consumer is obliged to reimburse the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer for the costs of conducting an examination, as well as related to its conduct. storage and transportation costs.

6. The seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer shall be liable for the defects of the goods for which the warranty period is not established, if the consumer proves that they arose before the transfer of the goods to the consumer or for reasons that arose before that moment.

In relation to the goods for which the warranty period is established, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer is responsible for the defects of the goods, unless he proves that they arose after the transfer of the goods to the consumer due to the violation by the consumer of the rules for the use, storage or transportation of the goods, actions of third parties or force majeure.

7. Delivery of bulky goods and goods weighing more than five kilograms for repair, markdown, replacement and (or) their return to the consumer is carried out by and at the expense of the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer). In case of failure to fulfill this obligation, as well as in the absence of the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) at the location of the consumer, delivery and (or) return of these goods may be carried out by the consumer. In this case, the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) is obliged to reimburse the consumer for the costs associated with the delivery and (or) return of these goods.

Repeated breakdown

What to do if after repair the phone broke again? After the repair of the phone is completed, in the service center the buyer is given a written progress report. What is written in this report:

the date customer requests.
Available malfunctions and breakdowns.
All produced by technicians work with the exact date.
date of issue model to the buyer.

It was for the period that was spent on repairs, warranty is extended, but what if, after returning the phone, it soon failed again?

This is happening often, after all, it is necessary to carry out repairs as carefully as possible so as not to damage other parts of the equipment.

If the phone fails again, the customer must either contact the service center to provide a re-repair service, or use peer review.

Expertise, regardless of the brand of the model will be paid, but on the other hand, the buyer will be able to identify the reason for the repeated breakdown, and whether the specialists of the service center are to blame for this.

If a guilt of specialists service is proven, you can contact the store with a request for a replacement model or monetary compensation.

Law on Consumer Protection helps to get out of controversial situation with sellers and representatives of the manufacturer. If the phone regularly breaks down, and in the store refuse to replace the equipment, the buyer has the right to go to court.