A cell phone refers to goods that can be returned back to the store in 2019 only after it has broken. Since phones belong to the category of difficult technical goods. But they also have warranty periods. As with any other purchase of inadequate quality with a phone, you have the right to return the money back, make an exchange for a similar phone, carry out a free repair, lower the price for a defect, etc. in accordance with the 2019 consumer protection law. Despite the seller’s refusal of his obligations, it is necessary to insist on his right. Often after the sale, retailers try to save on consumers, trying to prove that the phone is not returnable, exchange too, and repairs under warranty do not get. In general, he goes into a deep rejection of all duties, proving that the buyer himself is to blame. And not the first, not the second repair at the expense of the seller will not be made. The refusal of warranty without expert examination is a direct violation of consumer rights.
But the examination in 2019 is also a two-edged sword. After all, it may be that the phone broke due to your fault, which means that the claim is unfounded and you will pay money for the examination out of your pocket. If you are still sure that your gadget broke due to the fault of the manufacturer, feel free to try to return your money back. At the same time, do not forget about the deadline for returning low-quality goods in 2019 and take into account the warranty periods. In general, the topic of repairing phones after a failure under warranty, especially if the repair is carried out more than once, is rather complicated.
Before headlong to run to the seller and prove their rights, you need to consult with experienced lawyers. Properly make a claim in which each of your requirements will be supported by the norms of the law.
Legal literacy is half the battle without bringing the situation to court. In 2019, counseling is free of charge on our website.
Let's look at an example. In 2019, you bought a phone or smartphone or even a tablet. Moreover, it does not matter for whom it was purchased, even if as a gift. The main point here is the preservation of all papers, including the check and packaging. Although even if the check was lost, this is not a reason for refusing to accept your phone for warranty repair for free, and not for extra money. The goods can be returned even in the absence of a warranty coupon, but only in a complete set, as on the day of purchase, within the period specified in the documents. In other circumstances, you can run into a tough, but fair rejection of the seller. Experienced lawyers will tell you what to do in such a situation, who can be contacted for help through the feedback form for free. In order for you to accept the claim and fulfill all your requirements, you need to return not only the telephone itself, but also all the devices attached to it. What to do, but according to the law, it will be necessary to return exactly those headphones that were immediately bundled, and not others. By the way, they can be set a separate warranty period, if they suddenly break.
Consumer actions
What to do if you do not have time to check all the functions of the phone for performance immediately in the store? Do not worry you have:
- two weeks to return or exchange or repair the goods at the expense of the supplier. This period is established by the law on the protection of consumer rights in 2019 for all goods if a manufacturing defect or other defect acquired through no fault of yours was discovered;
- the period established by warranty service from the seller. Typically, for technically complex products, such periods are from one to two years;
- the period established by warranty service from the manufacturer. Most often, the seller does not need to do anything directly on the guarantee issues, since the manufacturer is initially obliged to set the terms of maintenance at his own expense.
After a breakdown has been discovered you have several options for action, and it is up to you and not the seller to decide what to do. In 2019 you can:
- exchange the phone for the same one, if a similar one does not suit you or it is not available, you can exchange for another brand with a recalculation of payment;
- return the goods to the seller, and return the money to yourself;
- use the right of warranty repair;
- reduce the purchase price within reasonable limits in relation to defects.
If the seller motivates his refusal to solve the problem with a broken phone in your favor, insist on an examination, after which a manufacturing defect will be revealed. Even if after that you were denied the exercise of your rights, do not worry and do not puzzle what to do with a poor-quality purchase. Feel free to collect all the papers and go to the local department for the protection of consumer rights. Of course, at the same time, it is desirable to fix the seller’s refusal in writing with the signature of the person in charge and the details of the organization. Write a complaint to the head of an unscrupulous store and to the name of the head of the department for customer protection and wait for the result.
Warranty Service Procedure
In 2019, an expensive mobile phone is not just a way to show off your financial well-being to friends, while showing that you have money for all sorts of tricked out things. It is also access to the latest technology for your own comfort and convenience. But what if the expensive phone broke right after the purchase? How to get your money back? How to achieve the exercise of their rights in full according to the law on consumer protection? Where is the guarantee that the failure does not happen again after the repair a second or third time? What to do without a phone while it is being repaired?
You can get answers to all these questions, and many more, from competent professionals with extensive practice in working with the legislative framework regarding the upholding of consumer rights. Just tell our consultants about your trouble in detail, and we will try to solve the problem as soon as possible in your favor.
So, the phone is broken, and you like this particular model and you don’t want to return the money for it, or it is written in the contract that the return of the goods is not possible, only repairs under warranty are allowed. So, you need to study in detail the topic of warranty periods. Your actions after detecting a breakdown:
- collect in a heap everything that was bundled with the phone, including documentation;
- write a claim with detailed details regarding the breakdown;
- go to the store where the faulty phone was purchased and demand a warranty repair.
Keep in mind that if you yourself became the cause of the breakdown (for example, you poured water on it), then the repair will be carried out by the seller, but only for your money. When the service center makes a positive decision on warranty repair, you must be provided with a replacement mobile phone for the entire time that you have corrected the problems. Also, you need to know that exceeding the repair period of more than 45 days is an occasion for writing a new complaint to the seller. Another point, if the phone breaks down after the warranty period has expired, then it will be quite difficult to repair it at the expense of the supplier.
When selling mobile equipment, sellers must explain to the buyer what the warranty repair of the phone is, the terms of the law for handling when defects are discovered.
Unfortunately, most outlets try to keep silent about this.
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Warranty Repair
What is warranty repair?
This is presented by the document “On Protection of Consumer Rights” and implies and guarantees that the shortcomings 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: Before buying a mobile phone, the buyer needs to familiarize himself with this material on his own; it’s more difficult for a competent consumer to get into a dead end.
What is and cannot be eliminated
The buyer should understand that not all defects found in the device are related to free repair.
If this is a marriage of manufacturers or the standard settings have flown, then the phone must be taken for free maintenance.
If the breakdown occurred due to the fault of the consumer: the screen crashed, water got into it, and so on, then there can be no talk of free cellular recovery.
Term
The terms for repairing a mobile device are specified in article 20 of the Law on Consumer Protection.
According to the law, the period of repair work should be minimal.
It should be borne in mind that the maximum number of days during which repairs can last is 45. Trading networks use it to the fullest, indicate this number on the warranty receipt.
A citizen has the right to disagree with this period and simply delete it, indicating that it is necessary to immediately repair the device.
The service center specialists will have to hurry: the buyer has the right to turn to independent or forensic services if the completion of the repair is delayed.
Where to go to the consumer
If the phone is broken, and the warranty has not yet expired, then the goods are presented to a particular seller or service center.
An important condition is the availability of receipts 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 about where to go is legally made by the buyer.
What to do:
- on the site you can see if there is a service center near you. If not, go to the seller;
- does the fund have a similar device to replace yours during the repair?
Note: If you contact the service center yourself, the store may make a complaint to the buyer that it did not give such a direction.
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, replace a mobile phone. Therefore, they offer to repair a mobile device, and this is already a violation of consumer rights.
If this situation occurs, then the consumer will have to write a complaint to the trading institution: either for a refund, or for replacing a mobile phone.
Where to get the phone during the repair of the old
Left without a phone is a serious problem for a modern person.
How to be a consumer while his mobile device is being repaired?
Unfortunately, sellers do not always fulfill their duties, and Russians do not know their rights.
It is worth considering: if a citizen hands over the phone for repair under warranty, he is obliged to issue for temporary use a device from the replacement fund.
This service is free. To use it, you need to contact the store with a statement on the provision of a free service. The application form is free.
You must give out the phone from the substitute no later than three days from the date of application. The device should have the same properties as what is being repaired.
Do you know that: if the directorate does not want to fulfill your legal requirement, the store will have to pay a penalty: daily at a percentage of the price of your mobile phone.
Warranty after repair
When you receive the phone repaired in a timely manner, you must proceed as follows:
- Checks the external condition of the device, the presence of all components. If there are scratches, dents that were not there before, or if 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 check issued upon purchase of the mobile phone, as well as the warranty card.
- The receiver must take the act of acceptance of the device. 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 efficiently, so you can present an act in court if necessary.
The repair was of poor quality
If, after a few days, the phone again gives out malfunctions, or the work has been expired, the receiver and the store can be presented with a complaint 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 the disagreement with the repair (list the defects found), indicating the date, cost of the device;
- describe your benefits under the Consumer Law
- indicate your requirements;
- as usual, set the date, subscribe.
Take note: the sample is on the official website of the Consumer Rights Protection Society. Be sure to take a receipt that the organization received your claim.
Such actions indicate that the buyer does not want to contact the court, wants to achieve the result in a "peaceful" way. If the seller does not fulfill his obligations, you need to look for a reliable lawyer and resolve the matter through the court. The state duty does not need to be paid to the consumer.
Repeated Failure Actions
Is there a problem with your phone that has already been repaired? You have every right not to return it for repair to a store or SC, but to declare a refund of the money spent. Or require the replacement of the device with a similar one in terms of properties and price. Although sellers may insist on another repair.
Consumer rights are clearly stated in Art. 18 of the Law on the Protection of Consumer Rights. It is advisable to familiarize yourself with them in more detail, so as not to be trapped by unscrupulous sellers. But that is not all.
It is important to know: the buyer has the right to compensation for financial losses that have been caused to the consumer. In addition, under the Law, one can demand compensation for moral damage.
All these actions are possible only through court.
Warranty Repair Denied
Not so often, but it still happens that service centers or retail outlets refuse to repair the phone under warranty.
Often they rely on the consumer to blame - they misused the mobile device.
The buyer must demand a written refusal to repair, with 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 next to the expert. If the consumer is not satisfied with the results of the examination, it can be challenged in court.
To summarize
The warranty for the phone is given for 2 years. During this time, defects may appear that need to be addressed.
If the store does not agree to send the goods for examination, it is necessary to receive a refusal in writing. After that, you can turn to the services of an independent examination.
If it is established that the seller has sold low-quality goods, then the phone should be repaired for free, as well as pay the consumer the amount spent on an independent examination.
If the seller does not want to pay damages, you must contact the court. State duty, as mentioned above, the consumer does not need to pay.
Watch the video in which the leading lawyer-consultant tells what to do if you were refused a warranty repair:
Does the warranty card apply to the phone’s battery? A battery is a component that often fails. By purchasing a smartphone, the buyer wants to know if he can replace or repair the power supply in case of failure. According to article 20 in the collection on consumer protection, the buyer has the right to compensation in the event of a breakdown of the device through no fault of his own.
The right to repair is provided on the mobile phone along with accessories, including the battery. You can find out the warranty period for the battery of the purchased phone by looking at the warranty card. There are several warranty options:
- General (for all fixtures).
- General, but not provided to the battery (this must be indicated in writing).
- There is no guarantee for a cell phone, but it is registered for the battery.
- There is a warranty period for both the battery and the smartphone, but their duration does not match.
All cases, except the second, are the basis for visiting the company's service center for the replacement or repair of the battery charge. In the second case, repairing or replacing a part by law does not work. This is likely only if, as a result of the inspection, the manufacturer (more precisely, the service center representing it) decides to extend the ticket to the battery pack in order to eliminate the conflict.
How much is the warranty on the phone battery
According to the current article, the term for the provision of repair work extends from the information specified in the coupon. There is no general guarantee template. Its validity period can be from 1 month to 3 years. Basically it is 6 months or 1 year - how much exactly is determined by each specific manufacturer (Samsung, Apple, etc.).
Let's consider several options:
- There is a purchase document, information about the food details is not indicated, you need to act immediately. You can contact the service before the expiration of the warranty card for the entire device.
- The term for the component is prescribed separately. It is more than the term for the product itself. You can contact the company while the ticket is valid for the block.
- Battery replacement expires earlier than the product coupon period. You can still try to repair the damage.
For a better understanding, you can refer to the table:
| Type of paper | Circulation period |
|---|---|
| For the whole mobile | Until the end of the coupon for the device |
| Only for power accessories | Until the end of the battery warranty |
| On battery and smartphone, on battery expires earlier | The entire period of validity of paper on a smartphone |
| On the unit and the phone, on the mobile phone expires earlier | The entire period of validity of the component document |
| Repair and battery replacement are prohibited for free | Never |
Warranty Procedure
If the warranty document is still valid, you should contact the service center of the manufacturer. The official website indicates which address to contact in the event of a device breakdown.
Algorithm of actions:
- The device along with the battery is given for repair;
- An examination is carried out, where it is revealed what exactly failed (unit, contacts or the cell itself);
- It turns out whose fault the failure occurred (company or owner);
- If the cause of the failure is the company, then the service center will indemnify for the damage.
Compensation for damage is carried out within 45 days from the date of receipt of the device for repair. If the company is conscientious, it will perform the necessary operations on the first day or within a week.
What is necessary
When you contact a service center, you must have:
- compiled circular;
- purchase receipt;
- passport.
Be sure to take along the smartphone itself and the battery charge, which is out of order. Otherwise, the inspection of the component part and its repair cannot be made.
Subtleties and nuances of the procedure
The owner of the part must claim damages. Types of refunds:
- financial compensation;
- replacement parts;
- repair parts.
You cannot receive several types of compensation at once. It is also impossible to completely replace the device if the battery breaks.
Free repairs are carried out only if the part is out of order due to the fault of the manufacturer (due to marriage, flaws).
You can find out about the warranty period in paragraph 6 of Art. 5 of the Law "On Protection of Consumer Rights". Only by studying all the necessary regulatory acts of the legislation, the buyer will be able to protect their rights.
The warranty period is the time period during which, if a product is found to be defective, the manufacturer, distributor, contractor or other authorized body (company, entrepreneur) undertakes to fulfill the buyer's legal requirements regarding defects found in the product.
Remember that the normal functioning of the product and the elimination of defects is guaranteed by the manufacturer, not the distributor, supplier of the goods, or another person distributing the thing.
Most often, the warranty period is entered into the agreement drawn up during the sale, or indicated in a special warranty card. It is during this period that you can apply to the store with a complaint if you identify any defects in the product.
In some cases, the consumer has to prove his case that the deficiency relates to production, and he is not guilty of its occurrence.
Under what circumstances can I exercise the right to warranty service in construction?
You can understand the meaning of the concept of “guarantee” using Art. 754 Civil Code. Based on the provisions of the norm, the contractor is responsible to the customer for the quality of construction work, which are regulated in special documentation and other important technical norms and rules.
The client can also find out what needs to be done if the conditions specified in the agreement are not fulfilled, or other mandatory indicators of the property being delivered have not been achieved.
If restoration of any structure is carried out, the contractor is obligated to monitor such qualities as reliability, strength, durability of the building or other building structures.
A guarantee of appropriate quality is provided by the contractor:
- flaws and defects of any kind that have caused a violation of technical specifications or other technology rules;
- when creating the wrong design of individual units;
- in case of improper installation, or the use of low-quality building materials.
The quality guarantee is issued both for the entire structure, and for its individual elements (for example, impairing the aesthetics of the building, leading to the rapid replacement of materials or parts of the object). It can also be used to detect minor flaws.
According to the Law, the contractor is obliged to eliminate all defects free of charge in a timely manner. If minor flaws or defective elements are identified, they must be replaced.
Another solution to the problem is to reduce the price, which was previously agreed upon in the agreement. The cost reduction should be proportionate to the defects identified. This procedure is possible if it was specified in the contract.
In what cases can the buyer use the current warranty on the phone?
The manufacturer provides a phone warranty for a period of 1 year. It is possible to use it only in cases that arose due to the fault of the manufacturer. At the same time, it is necessary to prove that the buyer did not violate the operating rules, did not interfere with the software, and did not subject the product to shock.
For example, a guarantee will be valid if:
- the device does not charge. At the same time, its capacity is not filled, even if the product is connected to the network. The reasons are a violation of the automation of algorithms in operation, a malfunction of the charger. Most often this happens when the company completes the product with a small current charge. The customer should contact the service center. There they are obliged to issue a new device;
- wiFi and Bluetooth modes do not work. Very often, this problem occurs during a failure during the installation of printed circuit board elements. As a result, one or more modules do not attach to the motherboard, and the system stops working. Thus, the service center must replace the board and give the buyer a working phone.
In most cases, repair problems do not arise. However, there are many reasons for the manufacturer to refuse restoration work.
First of all, we are talking about mechanical damages that occurred during operation - scratches, dents, traces of various substances or liquids (today many devices are equipped with special markers that react to red water), flashing the system, broken or damaged parts of the phone.
In this case, it is better to immediately contact the center of independent expertise. Only after receiving the results of the verification, you can make your claims.
The buyer must demand that he return the money for the examination and make a quality repair of the goods. To prove their case, you need to make an effort. If we talk about the price of expert verification, then it is not from cheap procedures - from 4 to 8 thousand.
As practice shows, to achieve the truth in this way is very difficult. Indeed, in general, the results for buyers turn out to be negative, since the center does not have the desire to sue well-known brands.
When can I return, exchange or return for repair shoes under warranty?
There are several guarantees for shoes - quality and return. The latter type represents the consumer’s right to exchange only new shoes for two weeks. At the same time, the product should not be worn, have a presentation and other qualities.
Also important role is played by packaging, tags, labels. Present a fiscal receipt that confirms the reality of the transaction. Motives of circulation - the products did not fit the client in size, shape, color or other parameters.
When it comes to quality assurance, worn shoes are also allowed to be returned in case of a defect. This will require expertise. An independent center is required to establish the true cause of the marriage - through the fault of the consumer or manufacturer.
According to the Law, shoes can be replaced if:
- the sole deteriorated (peeled off, burst, deformed);
- abrasion of the sole occurred within 3 months from the date of use;
- the paint has gone;
- broken lines, holes formed.
In the event that the customer has identified the above defects, he has the right to demand from the seller to eliminate defects free of charge or replace the defective product with another. However, the buyer must prove that the flaw occurred before the transaction. This is stated in Art. 19 of the Law on the Protection of Consumer Rights of the Russian Federation.
Contact the seller at the store where the purchase took place. If the seller does not want to comply with the requirements of the client, he is obliged to send the product for inspection.
According to the results of the expert commission, the corresponding conclusion is made - if the buyer is innocent of a defect, money is returned to him, or another similar product is issued. It is possible to carry out repairs.
In the case when the store refuses to fulfill its obligations, the consumer has the right to go to court.
It is not possible to exchange or refund if the shoes:
- was in operation, which led to a natural deterioration in consumer properties and appearance;
- has mechanical damage in the form of cuts, cracks, burns;
- deformed due to off-season operation, after careless wear, improper storage and other reasons that depend on the buyer;
- was repaired before contacting the store with claims. Repair is not considered to be a change in heels or gluing a preventive outsole, which did not lead to a deterioration in consumer qualities and new shortcomings.
What cases are recognized as warranty when it comes to a car?
A warranty case is deemed to have occurred if the item of sale or component having its own warranty period is rejected during the warranty period declared by the manufacturer. At the same time, the existence of the material defect itself or manufacturing defect is evident.
Warranty claims are considered unreasonable in the event of defects due to violation of the rules of operation and maintenance, requirements for the use of vehicles, components and assemblies of the fuel system.
The latter include substandard fuel with:
- low lubricity;
- the presence of moisture;
- mechanical particles and contamination;
- inappropriate standard octane rating and sulfur content.
Unqualified maintenance of a diesel fuel system is also included in the list of violations if it is discovered:
- untimely replacement of filters;
- use of filter units not intended for use by this type of engine;
- untimely discharge of liquid or condensate from the sumps of the filter elements;
- self-correction of deficiencies;
- the presence of mechanical failures on the warranty units of the unit.
In this case, the buyer will be refused warranty service.
07.04.2015
When buying a phone, it is important not only to get complete information about its configuration and functions, but also to ensure that documents are properly executed. This is necessary so that in the event of a breakdown, the consumer does not have problems with repairing the phone. Moreover, phones often break, or their functions malfunction.
Making a phone purchase
When making a transaction, it is the seller’s responsibility to issue a check. Only a check or an agreement is proof that the phone was purchased from this seller, so you should not agree to any other document.
A warranty card is a document that is issued upon the purchase of goods and confirms that the seller has obligations to maintain and repair the goods, if there is a good reason. Often, sellers accidentally forget to fill out a warranty card. The buyer's task is to ensure that all columns of the warranty card are filled.
The warranty card must include:
- model, serial number and product name;
- date of the transaction. This item allows you to correctly calculate the period during which the warranty will be valid;
- warranty period, which should not be less than the statutory warranty period for the phone;
- information about the seller (details, name, address), signature of his representative and seal.
The warranty cards contain the addresses of service centers and the coordinates of the manufacturer. Having a warranty card in hand and needing to repair the phone under warranty, the consumer can contact the service center, which has a contract for the provision of services with the manufacturer of the device. In addition, many sellers have their own service centers. The warranty card must be printed on quality paper and have clearly written text.
How does the phone warranty apply?
Repairing a phone under warranty is a rather complicated process, since not every breakdown passes under warranty. If the phone breaks down, the first thing to do is apply with a warranty card to a service center. The consumer must ensure that his comments on the telephone are recorded by the manager. In addition, it is desirable that the phone is opened in the presence of the consumer, so that he can make sure that there is no corrosion or damage inside the case.
If everything is in order with the registration of the warranty card, a technical examination certificate is issued to the consumer in the service center. The document must be signed by two engineers.
Cases not covered by the warranty:
- the warranty card does not contain the signature of the buyer, seller and the seal of the store;
- the serial number of the phone does not match the number recorded in the warranty card;
- the phone was used with components or accessories that are not approved by the seller or the manufacturer;
- before contacting the service center, they tried to fix the phone on their own;
- the phone is damaged as a result of fire, elements or household factors;
- the rules of storage and operation of the phone were violated.
Terms of repair and elimination of deficiencies
Usually, the process of repairing a phone under warranty, unless otherwise specified in the text of the contract, takes 45 days from the moment the consumer contacts the service center. If the consumer needs a telephone replacement, the seller must provide it within three days upon a corresponding application from the consumer. If the consumer is denied this, he has the right to file a claim with the representative of the manufacturer.
When, if the flaws of the phone cannot be eliminated, the consumer has the right to demand:
- replacement of this product with a similar one;
- terminate the contract;
- price reduction relative to identified deficiencies.
If they refuse to accept the phone, demand a written refusal, with which he can then contact the manufacturer's company.
The process of contacting a phone repair service center does not require additional legal advice, except in cases where they are directly violated - they illegally refuse to accept the phone or violate the terms of the phone repair under warranty.
