Is it possible to return a product under warranty back to the store and get the money back?


○ Within how long can I request the return of a purchased device?

According to the Law “On Protection of Consumer Rights”, the device can be returned within the following periods:

  • 14 days – if you didn’t like the product or didn’t meet any specifications (Article 25). The device can be handed over if it is not included in the List of technically complex goods approved by Government Decree No. 924. Unfortunately, almost all household appliances are listed on this list, so they can only be handed over by the good will of the seller.
  • 15 days – if a defect is identified in the device (Clause 1, Article 18).
  • During the shelf life, and if it is not established, then within 2 years - if a significant defect is discovered in the equipment (clause 1 of Article 19).
  • During the service period, and if it is not established, then for 10 years - if the consumer can prove that a significant defect arose for a reason that arose before the transfer of the goods to the buyer (clause 6 of article 19).

Consumer rights when a defect or malfunction is detected

The return of technically complex goods, which includes all household appliances, except vacuum cleaners, is regulated by Article 18 of the PZPP. According to the normative act, if deficiencies are identified, the consumer has the right to :

  • replacing defective equipment with a similar, fully functional product;
  • elimination of a product defect by the seller (in this case, by law, the product must be under repair for no more than 45 days);
  • replacement of faulty equipment with another one with the return of the difference in cost or with additional payment by the buyer;
  • proportionate reduction in the purchase price;
  • refuse the equipment, return it to the store and receive the full price.

The Law “On the Protection of Consumer Rights” provides for all special cases and deadlines for returns and other similar manipulations with technically complex goods:

  1. If minor defects in appearance or technical parameters are discovered, you can file a claim within 15 days from the date of purchase of the household device.
  2. If serious defects are discovered that prevent the product from being used for its intended purpose, the buyer may contact the seller or manufacturer during the warranty period. If there is no warranty coupon, a return is possible within two years after purchasing the product.
  3. If repair deadlines are violated, that is, more than 45 days, the consumer has the right to file a claim.
  4. The buyer can count on a refund if the equipment was constantly under repair and was ultimately used for its intended purpose for less than 30 days within one year.

○ When does the warranty begin?

“The warranty period of the product, as well as its service life, is calculated from the day the product is transferred to the consumer, unless otherwise provided by the contract. If the day of transfer cannot be determined, these periods are calculated from the date of manufacture of the goods” (Clause 2 of Article 19 of Law No. 2300-1).

During the warranty period, the buyer has the right to request a return, exchange or free repair of the product (Clause 1, Article 18 of Law No. 2300-1). You can address the problem to the seller, manufacturer or representative authorized to repair the devices.

When the warranty period has expired, but the buyer is sure that the defect was caused by the fault of the manufacturer, he can present him with a demand for free repair of the device. You can make such a statement within 10 years from the date of purchase. If the manufacturer does not take action within 20 days, the device can be returned to him (Clause 6, Article 19 of Law No. 2300-1).

What is the warranty period and who sets it?

The warranty period of a product is the period during which the buyer can make claims to the manufacturer or seller for the low-quality goods he purchased, and the seller is obliged to satisfy these claims. The expiration date begins from the day the product was purchased, but if the day the product was sold is unknown, the starting point becomes the date of manufacture. “The warranty period can be set by both the manufacturer and the seller - this is stated in Article 5 of the Law “On the Protection of Consumer Rights,” explains Rodion Yuryev, head of the Yuriev Legal Bureau. - However, the seller cannot reduce the warranty period established by the manufacturer - he can only extend it. If the warranty period is not established by either the manufacturer or the seller, it will be equal to 2 years from the date of purchase (Article 477 of the Civil Code of the Russian Federation).”

It is worth noting that the manufacturer also has the right to set the terms of the warranty. The buyer is obliged to comply with the operating rules and follow the product instructions. For example, a car owner must carry out regular maintenance.

○ How should a device be accepted for repair?

Every consumer must know how to return a product for repair under warranty. After all, cases of fraud cannot be ruled out. Also quite often there are controversial situations regarding the date and reason for the repair.

So, the buyer is obliged to come to the manufacturer, seller or service center with his device (or without it, if the product is large). It is advisable to take with you the purchase receipt (if you have one), warranty card, sales contract and passport. Just in case, make copies of these documents so that you can always keep the originals.

✔ What documents must be filled out?

The delivery of goods for repair must be documented. You have the right to demand that the seller or service center provide you with the appropriate agreement, receipt or certificate of acceptance of the device for repair.

Make sure that the document contains:

  • Name and address of the receiving party, contact information.
  • Your full name, telephone number.
  • Data about your device - model, serial number, brand.
  • A description of the problem that arose with the gadget, as well as a statement that all other parts are in order.
  • If the device has chips or defects, you should indicate them - this way you will not miss the appearance of new scratches, and the repairman will protect himself from claims on your part.
  • Completeness of the goods - describe everything that you are handing over with the device (charger, headphones).
  • The purpose of transferring the device is quality control or free repair.
  • Date of delivery of goods.

Do not throw away this document at least until you pick up the goods. This is your confirmation of the legal relationship with the repair organization. Based on this act, you also have the right to appeal the actions of the store or service center.

✔ Providing a similar gadget for the duration of the repair.

“In relation to durable goods, the manufacturer, seller or authorized organization or authorized individual entrepreneur is obliged, upon presentation by the consumer of the specified requirement, within three days, to provide the consumer free of charge for the repair period with a durable product that has the same basic consumer properties, ensuring delivery at his own expense” (p. 2 Article 20 of Law No. 2300-1).

You have the right to ask for the product to be replaced with a similar one. But not in every case the seller is obliged to fulfill your request. There is a list of products that cannot be replaced with similar ones during the repair period. This list is approved by Resolution No. 55. Of technical devices, it includes electrical appliances that come into contact with food and the human body (for example, microwave ovens, electric shavers).

Warranty Article

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    • Helpful information

    Warranty repair of power tools

    So, you have become the proud owner of a brand new power tool. You've got an impact drill, a powerful hammer drill, or a handy screwdriver in your hands, and you're about to literally move mountains in the construction and installation business. Whether you are an experienced professional or a novice who has decided to install a shelf in the garden, you need to know how to use a power tool correctly so that it lasts a long time, and its unexpected failure does not derail your plans and empty your wallet. Any tool, no matter how reliable and “indestructible” it may be, is subject to wear and sometimes breaks. Often the loads during operation are such that the need to repair the power tool arises even before the warranty period expires. How to properly prepare for warranty repairs? In what cases will your power tool be accepted for warranty repair without any questions asked, and in what cases will it be refused? How and by whom is a warranty case determined? Let’s try to answer these questions. Let’s say right away: the decision whether a repair will be covered under warranty or will have to be paid for repairs does not depend in any way on the mood of the administrator or the repairman.

    Determining warranty repair cases

    The main condition for warranty repair is the obvious fault of the manufacturer. If the failure or breakdown of the power tool is caused by a manufacturing defect, the repair will be covered under warranty. And vice versa, if a power tool fails due to improper actions of the owner, then the repair will be paid. In practice, identifying the causes of a breakdown requires diagnostics of the power tool, and sometimes a technical examination. When disputes arise between the owner of a power tool and the service center, such an examination can be carried out by a third, independent party. Any power tool manufacturer sets very clear conditions that determine the occurrence of a warranty case. Almost any breakdown is accompanied by some kind of “symptoms”, and it is not difficult for a technician to detect and correctly identify them. Everyone who uses a power tool at work needs to know what and in what cases the owner of a power tool can expect when visiting a service center.

    Correctly executed documents

    Before accepting a faulty power tool for repair, the technician or service center administrator will definitely check the presence of a passport and warranty card.

    The warranty card must indicate:

    • tool model;
    • serial number of the tool;
    • Date of sale;
    • trade organization stamp;
    • seller's signature;
    • buyer's signature confirming acceptance of the warranty terms.

    The service center has the right to refuse warranty repairs:

    • if the owner of the faulty power tool does not have a warranty card;
    • if the warranty card does not correspond to the established sample;
    • if the warranty card is not completed or filled out incorrectly;
    • if the serial number on the instrument is missing, damaged or altered;
    • if the warranty period calculated from the date of sale has expired.

    If all documents are in order, a service center representative will conduct an external inspection of the faulty power tool.

    Determining damage by appearance

    Traces of severe contamination, tampering, or external influences of any origin will most likely cause warranty repair to be denied. Therefore, before visiting a service center, you should carefully inspect the power tool and check whether there are any signs of careless use on your power tool. External signs that may cause warranty repair refusal:

    • mechanical damage to case parts, handles, power cord, plug, rubber and plastic dustproof elements;
    • severe contamination of ventilation windows and the internal volume of the power tool with dust, foreign bodies, liquids, etc.;
    • corrosion on metal surfaces;
    • thermal damage;
    • disassembled condition;
    • there are signs that the power tool has been opened outside of a service center.

    The service center representative should examine the attachments and other accessories that were on the tool at the time of its failure. And if they are damaged, dull or not standard, warranty repairs may also be denied - incorrectly selected accessories (drills, drills or discs) can damage the power tool.

    Electrical fault detection

    Electrical damage is one of the most common breakdowns of power tools. Most failures are caused by excessive loads resulting from the use of worn drills, drills or discs or their jamming in the material being processed. The service center master, as a rule, is well versed in the consequences of such loads.

    Refusal to carry out warranty repairs will occur if:

    • the armature and stator windings burned out at the same time, and the color of the armature winding changed evenly;
    • the switch failed together with the burned-out armature and stator;
    • the switch failed due to clogging, including the adjustment wheel;
    • the switch is mechanically damaged;
    • the power cord or plug has been replaced or damaged;
    • mechanical damage to the armature or stator insulation due to contamination or the ingress of a foreign object;
    • There is wear on the teeth of the armature shaft and the driven gear due to inoperative lubrication. Metal of the armature shaft with blue;
    • brushes are mechanically damaged as a result of careless operation or falling of the tool;
    • brushes are worn naturally;
    • as a result of intensive use, the tool life has expired before the end of the warranty period;
    • the commutator is damaged due to the use of non-original brushes.

    Repair of a power tool with a high degree will be covered under warranty if:

    • as a result of an interturn short circuit, the electric motor armature burned out, and the stator coils did not change their resistance;
    • strong sparking is observed on the armature commutator due to the interturn closure of the armature;
    • the electrical insulation of the power cord, stator or armature windings is broken;
    • the armature winding ruptured due to poor quality impregnation;
    • there is significant wear of the armature shaft teeth with working lubrication and no other damage;
    • An internal electrical break has occurred.

    Determination of mechanical damage

    Every power tool is subjected to mechanical stress - this is the specificity of its operation. To ensure normal operation and reduce the harmful effects of stress, regular maintenance, cleaning and lubrication are required. If the mechanical components of the tool are dirty, and the lubricant is old and inoperative, then failure of gears, shafts, gearboxes, toothed belts and other mechanical elements will not be considered a warranty case. On the contrary, destruction or abnormally rapid wear of mechanical components in the absence of external damage and normal operating lubrication will most likely entail warranty repairs. Despite the fact that the general principle for determining a warranty case is the same for all manufacturers of power tools, there may be differences between them in small details. This is due to different legislative frameworks or different factory equipment.

    The warranty does not apply:

    • for accessories and equipment (batteries, discs, knives, drills and augers, chucks, sanding pads, filters, etc.).
    • on wearing parts (brushes, rubber seals, protective covers).

    Conclusion

    • To accept a power tool for warranty repair, correctly executed documents are required: product passport, warranty card.
    • The manufacturer's warranty only applies to power tool failures that are associated with manufacturing defects.
    • The consequences of careless operation, overload, lack or lack of maintenance, external damage of any origin will be considered a reason for refusal of warranty repairs.
    • The list of conditions required to perform warranty repairs may vary slightly depending on the manufacturer.

    Service

    It carries out warranty and post-warranty repairs of power tools and is an authorized service center for the repair of power tools from many manufacturers.

    ○ Is it possible to extend the warranty service?

    “If the defects of the product are eliminated, the warranty period for it is extended for the period during which the product was not used” (Clause 3 of Article 20 of Law No. 2300-1).

    To extend the warranty, when receiving the product from the service center, you should ask to be given a document indicating the date the problem was reported, the day the equipment was returned for repair, and the day the device was returned to the consumer.

    The warranty period will be extended by the number of days that the gadget was repaired.

    List of Bosch service centers

    To repair large household appliances, call the hotline +7-800-200-29-61. If you want a service person to come to you, then when contacting the hotline, inform the operator about this. Calls within Russia are free.

    To repair small household appliances, call the hotline +7-800-200-29-61. The operator will tell you the address of the nearest certified service center in your city.

    All questions about Bosch household appliances can be asked by phone: +7-800-200-29-61.

    ○ If they don’t want to accept the gadget, but it is constantly under repair.

    We have already found out that repeated failure of the device may cause it to be returned to the store. Moreover, according to the law, the seller cannot refuse this to the buyer. But what if the product is not accepted for repair or the store representative does not make contact?

    ✔ How to file a claim against the name of the store?

    The first step is to try to negotiate with the administration. Write a complaint to the seller's management, this usually works. It should indicate:

    • FULL NAME. applicant, contact details.
    • When was the product purchased, did it have a warranty?
    • Description of the problem - how many times it broke down and what was the reason for the breakdown.
    • Why was it not possible to resolve the situation with the seller?
    • Request to replace the device or return the money. It can be justified by clause 1 of Art. 18 of Law No. 2300-1, which guarantees the consumer’s right to demand replacement of goods with significant defects. You can also make a link to Art. 22 of the same Law, which states that requests for refunds must be satisfied within ten days.
    • List of attached documents.
    • Date, signature.

    All available documentation must be attached to the claim: receipts, repair certificates, purchase and sale agreement.

    ✔ Do I need to contact Rospotrebnadzor?

    If the administrator has not responded to your request or refused to fulfill the request, you should complain to Rospotrebnadzor. Attach a copy of the submitted claim and the response (if any) to the application.

    The government body is obliged to understand the current situation, conduct an investigation into the violation and, if necessary, help prepare for the trial.

    What should I do if the warranty has expired and the product is broken?

    If the warranty period of the product has expired, the seller has every right to refuse service to the consumer. However, there is such a thing as service life - this is the period during which the manufacturer is responsible for significant deficiencies that arise through his fault, and ensures the possibility of using the product for its intended purpose (Article 5.1 of the Law “On Protection of Consumer Rights”). “To be entitled to warranty service in this case, the buyer must prove that the cause of the breakdown is not his fault, and the defects arose due to the fault of the manufacturer even before the delivery of the goods. Of course, this is very difficult to prove in practice. By the way, if the product warranty period is less than two years, and product defects were discovered after the expiration of the period (but within two years), you have the right to service if you prove that the product defects arose before its purchase.

    Here is a clear example of how warranty service works even after the warranty period has expired. The sofa of one of the IKEA store customers broke down a year and a half after purchase. The warranty period was only 1 year, so the service center refused to find a suitable part and repair it. The buyer addressed this problem to the editors of Product-test.ru. We wrote to the IKEA press service asking for comment on this problem, and after some time we received an answer: the service life of the sofa is 10 years, and therefore the company is ready to issue the buyer a spare part. Later we found out that IKEA employees themselves contacted the buyer and decided not to just issue a spare part - they replaced the sofa completely!

    Want to understand other important issues? Read a selection of useful articles from experts.

    ○ Established deadlines for repairing the gadget.

    “If the period for eliminating defects in the product 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 the minimum period objectively necessary to eliminate them, taking into account the usually used method . The period for eliminating defects in the product, determined in writing by agreement of the parties, cannot exceed forty-five days” (Clause 1, Article 20 of Law No. 2300-1).

    If the repair period exceeds a month, the buyer has the right to refuse the purchase and sale transaction, demanding his money back (Clause 1, Article 18 of Law No. 2300-1).

    ✔ Penalties for late return of goods to the owner.

    In accordance with paragraph 1 of Art. 23 of Law No. 2300-1, the service center must pay a penalty for each day of delay in returning the device in the amount of 1% of the price of the device.

    To claim a penalty, you must submit a claim with the calculation provided to the organization that repairs the equipment.

    What law governs the warranty of equipment?

    The general provisions of purchase and sale are prescribed in the Civil Code of the Russian Federation, Art. 405-505.

    They also display the rules for purchasing equipment under warranty and exchanging/returning it if it turns out to be of poor quality.

    These laws coincide with the explanations noted in the law “On Protection of Consumer Rights”. In particular in:

    • Art. 5 – terms and the concept of “guarantee” are specified;
    • Article 18 – requirements during the warranty period;
    • Art. 19-20 – how the warranty period is calculated.

    ○ Advice from a lawyer:

    ✔ After purchasing the phone, it turned out that one of its cameras did not work. The store offered to send it in for repairs, but I want to replace this smartphone with another one. Is it possible to do this?

    Yes. You have the right to choose a more acceptable option in accordance with paragraph 1 of Art. 18 of Law No. 2300-1: exchange the phone, terminate the transaction or agree to repairs. If the seller does not make concessions, request an examination of the product. It must be carried out by the seller at his own expense. Please contact the point of sale administrator with your complaint and expert opinion. The store must meet you halfway.

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