Phone warranty: what are the legal terms, how to send it in for repair or return a new gadget, where to go, do you need a coupon, how long to wait, what to do if it fails? Legal.Standard

The warranty on the phone is valid for a strictly limited time, its duration is determined by the legislative norms of the Russian Federation.

It is difficult for a modern person to imagine life without a mobile phone. This gadget allows you to always be in touch, take photos and videos in any mode, easily access the Internet, manage accounts online and has many other useful functions.

Mobile phones have a mandatory warranty period, which allows the consumer to return them to the store or have free service or repair of faults that are of factory origin.

Cell phone warranty

The purchase of a mobile phone should be approached with maximum responsibility. The consumer should know several important aspects directly related to this type of gadget. The main rule is that cell phones are included in the List of technically complex goods that cannot be returned within 14 days. The consumer cannot return a working device to the store based on the fact that it does not fit in size, color or characteristics. For this reason, all nuances should be considered before purchasing. There are still loopholes in this restriction; the buyer will be able to return the purchased high-quality mobile phone, provided that he proves that the information received from the seller about the properties of the phone is incorrect or that he is silent about significant points that run counter to the person’s original goal. Proving this fact is difficult and time-consuming, so it is better to protect yourself from such moments.

When you make a mobile purchase, the manufacturer's warranty begins to apply. It is counted from the date of purchase, which is confirmed by a receipt or issued warranty card. In most cases, manufacturers provide a year of warranty service, less often two. During this time, the owner of the gadget can make claims based on identified defects and demand replacement of the device or free repair.

Additional warranty for smartphone

Mobile phone stores and large electronics stores provide the client with the right to purchase an additional warranty, the terms of which are specified in a special certificate. The additional guarantee begins to apply after the main one expires. The terms of the additional warranty are indicated by the store or service center itself.

It is worth noting that when handing over a device under such a warranty, you can only count on free repairs. Exchanges of gadgets and refunds in such situations rarely occur, mainly when the phone cannot be repaired within 30 calendar days.

Buying a low-quality product

The warranty period allows the buyer to contact the seller or manufacturer with claims for a defective product. You should focus not only on the deadlines indicated in the documentation for the product, but also on legal norms. The Law “On Protection of Consumer Rights” No. 2300-1 establishes a warranty period for goods of two years. If the manufacturer has provided a shorter period and after its expiration the owner discovers a manufacturing defect, the buyer also has the right to claim satisfaction of his claims.

In accordance with Article 18 of the PZPP, a buyer who has purchased a defective product may:

Return the gadget and get the money paid for it back.
Demand partial compensation of the cost.
Exchange for an identical product.
Replace it with a mobile phone of another model and/or manufacturer.
Claim for warranty phone repairs.

Each claim has its own limitations and requires compliance with mandatory conditions.

Exchange of goods

Replacing a phone if it detects factory defects is the most commonly practiced solution to the problem. Most cell phone manufacturers not only do not prevent such a replacement, but also promote it. The exchange is convenient for the seller, as it allows him to keep the proceeds. The manufacturer, having received back the defective product, can correct the defects found in it and sell it for a new one. This should also theoretically be convenient for the buyer, because it allows him to get a new gadget at his disposal almost instantly.

By law, a defective product can be exchanged for:

Identical in model, color, parameters.
Other from this class of goods.

The monetary difference arising during the exchange is compensated by the consumer when the original cost is exceeded, and by the seller when it decreases.

Refund

Getting your money back for a technically complex product, such as a mobile phone, is not realistic in all cases.

You can exchange a defective mobile phone for money if the defect is discovered within the first 14 days. Subsequently, you can initiate the return of the gadget and receive the full amount back only if the following conditions are met:

Significant product defects have been identified.
The seller was unable to repair the damage within the legally required time frame.
The total repair periods for one warranty year exceed 30 calendar days, which violates the buyer’s rights.

Any of the listed conditions allows you to terminate the sales contract unilaterally and demand a refund even if the goods were purchased on credit.

The seller, of course, is not interested in returning money for the goods to the buyer, so most of the procedure for protecting his own rights and guarantees falls on his shoulders.

Is there such a service for a gadget and what does it provide?

In accordance with paragraph 6 of Article 5 of the Law “On the Protection of Consumer Rights”, the warranty period is understood as the time period when the client has the right to demand that the seller or manufacturer eliminate the defect.

When purchasing a phone, a sales contract is drawn up . Along with the phone and the receipt, there must be a warranty card with the appropriate stamps. The buyer has the right to submit requirements for elimination of defects to the seller or manufacturer of the smartphone during the entire warranty period.

Below you will see a sample warranty card for a phone:

In accordance with the second paragraph of Article 19 of the Law on the Protection of Consumer Rights, the period begins to run from the moment the goods were actually purchased. Both the manufacturer and the seller have the right to set the warranty period. But given that the phone travels quite a long way before ending up on the store shelf, in most cases the warranty period is set by the seller.

Most often, the warranty period is set to exactly one calendar year from the date of purchase , confirmed by a cash receipt.

But even after the warranty period has expired, the phone may be subject to repair if defects were found within two years from the date of purchase.

Return or exchange procedure

Any mobile phone can break. Even Apple is guilty of an ever-increasing number of defective products. This fact should not frighten the consumer; knowing your rights, it is easy to demand compensation for damage. By law, you can give a broken phone either to the store where it was purchased, or directly to the manufacturer. In most cases, resorting to the second type of return is quite difficult, so you should proceed according to this scheme:

Come to the store and tell the seller about the problems that have arisen.
The administration of a retail facility often accommodates customers halfway and helps carry out the procedure for returning the device. If this does not happen, then the claim is drawn up by the owner of the equipment independently using samples that are easy to find on the Internet and, in particular, on this site.
Hand over the application to the store manager and receive from him written evidence of acceptance of the claim. It is also practiced to send an application by mail, and a receipt for a registered letter will prove that the application actually took place.

The seller is obliged not only to consider, but also to respond to the application. The exchange of goods is carried out in a short time, and in the absence of the required model, no later than 30 days from the date of filing the claim. Refunds must be made within 10 calendar days.

Where can I get a phone while my old one is being repaired?

Being left without a phone is a serious problem for a modern person.
What should a consumer do while their 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 submits a phone for repair under warranty, he is required to be given a device from the replacement fund for temporary use.

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

You must be given a replacement phone no later than three days from the date of submitting your application. The device must have the same properties as the one being repaired.

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

Phone breakdown

A cell phone breakdown does not always allow the owner to count on its return or exchange. Moreover, his store may even refuse to repair it. The main advantage that the seller tries to use when making claims from the buyer is the wording of the Law. Article 18 states that technically complex goods are subject to return or exchange only if a significant defect is detected. This term refers to the fact that the identified defect cannot be eliminated or when repairing it, certain properties of the gadget will be lost. That is why often when a mobile phone fails, you can only count on repairs.

Damages that occur as a result of improper use are repaired at the expense of the consumer. Therefore, cracks, chips, dents on the body or glass of the gadget are clear signs that the non-working condition was acquired due to poor handling, and not through the fault of the manufacturer. Such defects will not be covered by the warranty.

Warranty repair conditions

Warranty repairs of mobile phones are carried out strictly within the period specified in the documents in specialized service centers. In the Russian Federation, almost identical conditions apply for all gadgets sold. Having purchased a phone of a certain brand, you should familiarize yourself with the addresses of services that provide warranty service. You can come to any of them with questions about repairs, regardless of where the gadget was purchased.

For service, the buyer must have a receipt of purchase and a warranty card for the equipment. By law, when handing over a mobile phone for repair, the seller is obliged to give it another device in exchange for performing all the necessary functions while the gadget is absent.

Warranty repairs do not apply to phone components, such as a headset, case, or batteries.

Returning goods after repair

You should not repair phones that are under warranty yourself, in places not intended for this purpose. Such treatment may void the warranty period.

If the gadget was repaired by the seller, then upon receipt you should:

Make sure the defect has been corrected.
Receive a certificate of repairs performed, with the service dates indicated in it and the cause of the breakdown.

It happens that the initial elimination of deficiencies does not solve the problem, or as a result of repairs other defects and malfunctions begin to emerge. In this case, the consumer can return the device for re-repair, and if the period of previous repairs exceeded 30 days in one year, then for a refund or replacement of the phone with a new product.

Actions are considered justified only if there is documentary evidence of the repairs performed and the timing of its duration.

Is it possible to refuse the phone after repair?

List approved by Resolution No. 924. Product defects are not only a breakdown, but also a product’s non-compliance with the contract, sample, configuration, etc. If defects are discovered within 15 days after purchase

Based on Art. 18 of the Law “On Protection of Consumer Rights” (hereinafter referred to as the Law), the seller is obliged to:

return the money upon written request of the buyer within 10 days after the request, even if the seller decides to conduct a quality check or examination (Article 21 of the Law). If the product has become more expensive, the buyer may demand to pay the difference between the purchase price and the current value of the product;
exchange for a new high-quality product of the same brand (model, article) without recalculating the price or for a product of a different brand with an additional payment or refund of the difference in price. The product must be exchanged within 7 days after circulation, the period is extended to 20 days if additional quality control is required (Article 22 of the Law). When replacing a product, the warranty period is calculated again.

For violation of the specified deadlines, the seller is obliged to pay a penalty in the amount of 1% of the current price of the goods for each day of delay (Article 23 of the Law)

If the loan product is rejected, the buyer is required to return all money spent, including interest and other payments on the loan (clauses 5 and 6 of Article 24 of the Law).

If you bought the goods for cash, then the money will also be returned in cash or can be transferred to a card. If the purchase is made non-cash using a card, the seller will not be able to return the money in cash from the cash register - this instruction was given by the Central Bank of the Russian Federation. To process a refund, the buyer's passport data is required, but the consumer is not required to present a passport (or a photocopy of it).

If defects are discovered after 15 days after purchase

The buyer can only demand the elimination of these defects at the expense of the seller.

However, the seller is obliged to return the money or exchange it for a quality product if:

the deficiency is irreparable, or its elimination requires a significant investment of money and time;
the deficiency appears again after repairs (the significance of the deficiency can be read in the Resolution of the Plenum of the Supreme Court);
the product is under warranty repair for more than 45 days;
various deficiencies are corrected several times, with a total repair period of more than 30 days during any warranty year.

Procedure for detecting a defect in a product

It is necessary to contact the seller, manufacturer or authorized organization in writing with one of the above requirements in relation to low-quality goods (including those purchased on credit) or for components and components of the goods. The warranty period for components and components of the product is equal to the warranty period for the main product.

These requirements can also be presented if there is no cash receipt. Suitable evidence:

sales receipt;
warranty card with the seller's stamp;
testimony of the people with whom the goods were purchased;
other evidence.

Upon request, the seller is obliged to accept low-quality goods even with external defects and, if necessary, check their quality at his own expense. The buyer has the right to participate in checking the quality of the goods, and can also ask for a report to be drawn up based on the results of the check, which indicates who checked the goods and how.

If the buyer does not agree with the result of the inspection or the seller insists that the defects arose through the fault of the buyer, then the seller must conduct an examination of the quality of the goods at his own expense.

If the examination shows that defects in the goods arose due to the fault of the buyer, then the costs of such examination are borne by the buyer. The result of the examination can be challenged in court.

clause 1 art. 20 of the Law).

If defects are found in a durable product, then the consumer must be provided with a replacement product with the same properties for the period of repair. To receive a replacement product, you must write an application. The application is submitted to the seller, manufacturer or service center. Replacement goods are provided within three days after receipt of the application. The consumer does not have to pay either for the product or for its delivery (Clause 2 of Article 20 of the Law). The seller (manufacturer, service center) may not provide a replacement product on its own initiative.

Please note that some products are not available for replacement. Such goods are listed in Government Decree No. 55:

cars, motorcycles and other types of motor vehicles, trailers and numbered units for them. These do not include goods intended for use by persons with disabilities, as well as pleasure craft and watercraft;
furniture;
electrical household appliances used as toiletries and for medical purposes (razors, hair dryers, curling irons, medical electroreflectors, heating pads, bandages, blankets, blankets, curlers, toothbrushes, hair clippers and other devices that come into contact with mucous membranes and skin);
electrical household appliances used for heat treatment of products and cooking (household ovens, microwaves, toasters, boilers, kettles, heaters, multicookers and other products);
civilian and service weapons, including components.

The specified list is closed; other products cannot be included in it at the request of the seller (manufacturer, service center).

If the seller, manufacturer or service center refuses to issue a replacement product or the product was issued in violation of the three-day deadline, then the consumer is required to pay a penalty in the amount of 1% of the price of the product for each day of delay.

A replacement product with defects can be returned and a replacement product can be requested to be issued with a defective product. If the seller (manufacturer, service center) considers that the defects in the replacement product arose due to the fault of the consumer, then it is necessary to request an examination at his expense (Part 5 of Article 18 of the Law). If defects in the replacement product arose due to the fault of the consumer, then the cost of the product will have to be reimbursed.

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Lawyer: Nikolay Vasiliev

Actions in case of repair failure

Refusal of warranty service may or may not have justified reasons. The seller has the right to refuse the consumer if:

There is no evidence that the product was purchased from this store.
There are obvious signs on the device that the owner dropped it or drowned it.
There are traces of self-remediation of problems, and it does not matter who made them.
The product was not used according to the instructions and contrary to its properties.

In other cases, the store must accept a mobile phone. However, an unjustified refusal is not a reason to forget about your rights. The consumer has the right to file a complaint with Rospotrebnadzor or even the court. The owner of a defective phone is also recommended to initiate an independent examination, which will give an official conclusion on the cause of the breakdown. Subsequently, these expenses can be reimbursed at the expense of the seller.

Warranty repair denied

Not so often, but it still happens that service centers or retail establishments refuse to repair the phone under warranty.
They often rely on the fact that the consumer is to blame for using the mobile device incorrectly.

The buyer must request a written refusal to repair, indicating valid reasons. In addition, according to paragraph 5 of Art. 18 of the Law, the buyer must require the seller to send the mobile phone for examination (in writing).

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

This is interesting: if it is determined that the buyer was not at fault for the breakdown of the phone, but the examination was refused without reason, this is considered a violation, and responsibility falls on the seller.