Can a store refuse?
Reference! Not a single store will return money for all broken items indiscriminately, so you may be assigned an examination.
As a rule, it lasts no more than a month (in some cases you will be notified of an increase in the period). And based on its results, the service center makes a decision on a refund or replacement of the product at your request.
As a rule, refusal of warranty repair occurs in the cases established by the PLA in Article 18, paragraph 6. :
- damage caused by the owner;
- operation of the product in violation of the rules and conditions established by the manufacturer;
- unauthorized repairs and/or changes to the design;
- negligent transportation;
- actions of third parties;
- force majeure circumstances.
For example, you used a vacuum cleaner to remove moisture from surfaces. Or you thought it was a good idea to photograph the algae at the bottom of the lake with your brand new camera. Or, during transportation of the TV, they did not secure it properly, and it broke on the first bump.
However, there is a nuance - in the Consumer Protection Law there is no such definition as “the warranty is canceled due to violations of the rules of use.” Neither the service center nor the seller have the right to arbitrarily deprive the buyer of the warranty on the equipment being sold. The conclusion may only indicate the cause of the malfunction, and not its source, and certainly not evidence of your guilt.
The manufacturer, for his protection, can be guided by clause 6 of Article 18 of the PZPP, and he will be right. The court, due to the circumstances, will rightly side with the seller/manufacturer. But only if the product was actually damaged by its owner, and not by the seller or manufacturer!
Right to warranty repairs
During the entire warranty period, the buyer can have the phone repaired free of charge. In addition to direct repairs, you also have the right to:
- Extension of the warranty period for the entire time spent on repairs - that is, for example, if this period was 12 months, but a month was spent on repairs, it will be extended to 13 months.
- Providing the buyer with another phone with the same properties while the device is being repaired.
- Replacement of the phone if its complete repair is not possible.
Let's describe the standard algorithm - that is, how the handling and subsequent repair should proceed if your phone is broken:
- The service center checks the warranty card and, making sure that it is filled out correctly and the warranty period has not expired, accepts the device.
- The client is given a certificate indicating the malfunction and the time during which it will be eliminated.
- When the period comes to an end, the device must be issued in full working order, along with a repair certificate, which indicates exactly what actions were carried out, as well as the parts replaced.
- If the phone turns out to be beyond repair, the buyer must be refunded the amount paid for it.
This is a normal algorithm of actions in which the seller fulfills all his obligations, but there are also difficult cases, or the store simply seeks not to incur additional costs due to repairs, and refuses it. Then the buyer will have to defend his legal rights.
What to do if refused?
If you are not to blame for the breakdown of the product, you used it carefully, and the malfunction turned out to be a defect from the factory, you, guided by Art. 18 of the Law “On Protection of Consumer Rights”, you have the right to a refund, free repair, or exchange for a similar product.
First of all, contact the store's technical support hotline . As a rule, after the intervention of the main office, the problem disappears on its own. It would not be amiss to leave a detailed entry in the book of complaints and suggestions; most importantly, do not forget to leave the date and signature in it, and at the same time take a photograph of it so that the store premises can be seen in the background. A very effective way is also to contact RosPotrebNadzor.
Unscrupulous sellers really do not like inspections by this body, and sometimes its mere mention can turn the tide of events in your favor. And thanks to the enormous influence of the Internet, you can make your situation public by leaving devastating reviews about a product or store on the appropriate resources. Many companies carefully guard their reputation, and the reaction will not be long in coming.
If the service still denies the warranty, be sure to request an expert opinion in writing. The paper must have signatures, seals and dates. Carefully read the wording that “proves” the validity of the refusal. If you wish, you can order an independent examination from another organization , and then, if it comes to that, appeal the refusal in court. Here you will be guided by Art. 56 of the Civil Procedure Code of the Russian Federation.
What should I do if I receive a refusal to carry out repairs under a valid warranty?
Manufacturers, when releasing their product, undertake an obligation for its quality, that is, within a specified period, the manufacturer is obliged to accept a failed product for warranty repair.
In addition, depending on the complexity of the problem, a technically complex product can be completely replaced.
Let's take a closer look at the situation with warranty repairs.
So, if problems are detected in the purchased product and the warranty period has not yet expired, contact the seller of the product and demand free troubleshooting.
Warranty repairs are carried out directly by the seller or a service center that the seller should recommend to you.
The contractor must first check the legality of your requirements. To do this, he studies the documents you have for this product: warranty card, technical passport, receipt, etc. The identification numbers on the goods are also checked against those recorded in the documents.
When a product is accepted for warranty repair, the contractor must give you a special document that contains information about the detected problems, the general appearance of the product, and also records the period for completing the warranty repair. If everything happens on time, you will receive the product with the defects corrected within the specified time frame.
Important! Be sure to request a written report from the contractor on the work performed.
This document contains information about the date the product was transferred for repair, the date the necessary work was performed, what spare parts and materials were used, as well as the date the product was returned to its owner.
But the situation does not always develop exactly according to this scenario. In some cases, you may be refused to accept the product for warranty repair.
The refusal may be based on the fact that the product is no longer under warranty due to improper use. Another important reason for refusal of free repair is the discovery of traces of tampering with the mechanism of a faulty product.
If you look at the articles of the Law “On the Protection of Consumer Rights”, you will not find such wording as “remove the warranty”. Thus, neither the seller nor the service center has such authority.
They may refuse to repair due to the fact that the malfunctions arose due to improper transportation or use of the goods, as well as due to interference of third parties in the mechanism, etc.
We bring to your attention an algorithm of actions in the event of a refusal to repair under warranty.
First of all, you need to receive a document from the service center, which is a kind of report on the work done.
The report contains information about the problems that were resolved, the reason for their occurrence, and the conclusions of specialists about the impact of the problems on the operation of the equipment. The contents of this act are proof that the breakdowns occurred due to your fault, and the refusal to provide warranty repairs is completely legal. The absence of a document only confirms the fact that you were denied free repairs illegally;
Pay special attention to the contents of the act
If it talks about the reasons for the malfunction, but does not name its source, this can once again serve as evidence that you are not to blame for the malfunction.
Sometimes, to determine the culprit of a problem, it is enough for service center specialists to simply establish a cause-and-effect relationship between the breakdown and the moment when it appeared.
The presence of defects caused by mechanical shock is most likely a confirmation of improper use of the product.
If the document does not contain information about the person responsible for the problem, request an additional examination. It must take place in your presence, and its payment is borne by the seller or manufacturer of the goods.
If you do not agree with the results of the examination, appeal them in court.
When you receive a refusal to carry out free repairs at the initial stage from the seller, then request an independent examination.
In most cases, the examination is carried out exactly at the service center where the seller sent the product for repair.
Your presence during the examination is required!
In addition, ask the service center specialist to once again state the reasons for the refusal of warranty repairs.
If the results of the examination confirm the conclusions of the previous diagnosis, you will have to bear the costs of conducting an independent examination.
If you still do not agree with the decision of the seller or service center in refusing to accept the product for warranty repair, then you should go to court.
In this case, you should act in accordance with Art. 56 of the Civil Procedure Code of the Russian Federation, that is, you will have to prove the circumstances that you referred to when filing an application with the court.
Pre-trial settlement procedure
How to properly file a claim?
The claim must be made in two copies - one remains with the service, the other with a note about acceptance by you. This is necessary so that you have proof of your visit and use of the service.
The document itself details the essence of the complaint, a description of the product malfunction, indicates the fact of fair use, and your requirements to the seller/organization.
Important! The employee accepting your claim must sign it in front of you, affix the date of receipt and stamp it.
The text of the complaint itself does not have a general template. But for it to have legal force, it must contain:
- Your personal data, including passports, phone number.
- Details and name of the manufacturer in whose name the claim is being submitted, place and date of purchase of the defective product.
- Next comes the seller’s personal data, product description and warranty period.
- In a separate paragraph, describe the defect in the product and under what circumstances it was detected.
We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:
+7 (499) 938-90-72Moscow
Making a claim
The first thing you should do in case of a refusal at the service center is to file a claim.
Form and content
There is no strictly established form, but for ease of consideration it is advisable to adhere to the following standard when drawing up a Claim:
- First, indicate the name and address of the service center to which the Claim is being made. You can also indicate the name of the manager to whom it should be submitted, but this is not required. You also need to indicate the details of the buyer who is submitting the claim.
- Then comes the main part of the document. It indicates what product was purchased, when the purchase was made, and what the warranty period is.
- After this, you need to describe what malfunctions arose, reflect the fact that you contacted the service center and refused repairs.
- Next you need to formulate the requirements. Important: a mistake is often made and several requirements are put forward. It may seem like a good idea to demand an exchange of the item or a refund, giving the other party a choice. In effect, this will give the seller the right to refuse any of the requirements.
The Claim must be accompanied by copies of documents related to the device and its repair.
The article is accompanied by a detailed sample that you can use as a guide. Please note that it is not necessary to describe everything in such detail and provide references to legislation; only the information presented above is sufficient.
Submitting a claim to the service center
After the Claim has been drawn up, it must be submitted to the SC. The document must be printed in two copies: one is sent to the service center, and the second is left by the client with a note of acceptance.
The application must be considered within 10 working days from the date of submission. If after this time there is no response, you should still try to contact the official representative of the seller of the product, but if you cannot get a response, or it boils down to a refusal without an official explanation, then you can only complain to other authorities.
What should be attached to the document?
Prepare photocopies of all documentation and receipts associated with the product, including the warranty card. The entire package of documents can be submitted along with the claim to the service ( don’t forget to keep copies of everything you give! ).
As a rule, the faulty product is also returned to the seller along with the claim; check its contents. Even with a broken item, handle it carefully - if you damage it while carrying it, it will be impossible to prove that this happened before the main breakdown!
How to hand over paper correctly?
It is best to send a complaint by registered mail (this way the letter will not be “lost”). It is also possible to personally hand it over to the store or service center staff. The secretary of the organization or the shift supervisor must accept it and sign it in front of you.
If for any reason they refuse to accept your complaint, call the store’s main office or the manufacturer’s representative office. Be sure to make a copy of the complaint for your records. You can just send it to your local consumer protection society.
Where can you send a complaint?
First, let's note an optional step: you can complain by registered mail directly to the manufacturer, indicating that the seller and representative are not fulfilling their obligations by refusing to repair the device with a valid warranty.
But the main step will be to contact the consumer rights protection society and Rospotrebnadzor. To do this, you should first prepare documents: a copy of the Claim to confirm that you contacted the service center, the answer from there, if it was given in writing, as well as all other documents related to the issue.
Submitting a complaint has now been significantly simplified compared to what it was before: you can file a complaint using the Internet, through the official website of Rospotrebnazor. You will need to fill out a special form, with explanations for each item.
Usually, after such a request, the organization appoints an examination and then it is she who deals with resolving the issue.
In what time frame must a response be given?
According to the law “On the procedure for considering appeals from citizens of the Russian Federation” dated May 2, 2006 No. 59-FZ, the period is 30 calendar days. However, this period may be increased or shortened in case of claims from a consumer/individual. But in most cases, the period is set at one/one and a half months. But it may happen that the response period may be extended by another 30 days, but in this case you must be notified of this.
If you are ignored, this is already a serious violation of the law, and you can contact the prosecutor’s office and/or RosPotrebNadzor. The main thing is that you have proof of your appeal - a saved email, a mailing form, or other evidence that your appeal was sent.
If it turns out that the measures described above did not have the desired result, then going to court remains a last resort.
The phone was not returned after 45 days of warranty repair.
Maxim Alekseevich! Good afternoon Thank you for reaching out and for your question!
Civil Code of the Russian Federation Article 160. Written form of the transaction
Positions of the highest courts under Art. 160 Civil Code of the Russian Federation >>>
1. A transaction in writing must be concluded by drawing up a document expressing its contents and signed by the person or persons entering into the transaction, or persons duly authorized by them.
The written form of a transaction is also considered to be complied with if a person carries out a transaction using electronic or other technical means that make it possible to reproduce the contents of the transaction unchanged on a tangible medium, while the requirement for a signature is considered fulfilled if any method is used that allows one to reliably identify the person who expressed will. The law, other legal acts and agreement of the parties may provide for a special method of reliably identifying the person who expressed the will.
Bilateral (multilateral) transactions can be carried out in the ways established by paragraphs 2 and 3 of Article 434 of this Code.
The law, other legal acts and agreement of the parties may establish additional requirements that the form of the transaction must comply with (execution on a certain form, sealed, etc.), and provide for the consequences of non-compliance with these requirements. If such consequences are not provided for, the consequences of failure to comply with the simple written form of the transaction are applied (clause 1 of Article 162).
(Clause 1 as amended by Federal Law dated March 18, 2019 N 34-FZ)
(see text in the previous edition)
2. When making transactions, the use of facsimile reproduction of a signature using mechanical or other copying means or another analogue of a handwritten signature is permitted in cases and in the manner provided for by law, other legal acts or agreement of the parties.
(as amended by Federal Laws dated 04/06/2011 N 65-FZ, dated 03/18/2019 N 34-FZ)
(see text in the previous edition)
3. If a citizen, due to a physical disability, illness or illiteracy, cannot sign with his own hand, then, at his request, another citizen can sign the transaction. The signature of the latter must be certified by a notary or other official who has the right to perform such a notarial act, indicating the reasons why the person making the transaction could not sign it with his own hand.
When making powers of attorney specified in paragraph 3 of Article 185.1 of this Code, the signature of the one who signs the power of attorney can also be certified by the organization where the citizen works, who cannot sign with his own hand, or by the administration of the medical organization where he is being treated in an inpatient setting .
(as amended by Federal Law No. 116-FZ dated May 23, 2018)
(see text in the previous edition)
This article tells us about the need to sign an agreement.
Based on my practice, the parties either sew the contract together and have 1 signature at the end, or sign each page to avoid replacing pages.
The law does not stipulate the obligation of each signature; you must proceed from your situation (sew the agreement or not), or agree on sewing it with the other party and sticking a label: ''Stitched, numbered, pages, signatures of the parties and seals (if any).
In my practice, they did this, or went to a notary, who counted the pages, stapled and notarized the pages and TD.
How to sue a store?
Drawing up a statement of claim is carried out by analogy with a claim, but the writing style should be more “dry” and businesslike. The claim must contain a minimum of “water” and a maximum of facts and dates . Describe in detail your actions and the reaction to them on the part of the now defendant.
Be extremely careful - if the application is not drafted accurately, or if the application contains insults, threats or obscene language, your claim may be denied, or the application may be returned to you for revision. Follow Art. 131 Code of Civil Procedure of the Russian Federation.
Where to contact?
The statement of claim is filed in your local court, or the one that is most convenient for you.
What to include in the statement of claim?
In the claim, you must indicate all your actions that you took before your application to the court, attach all documents or photocopies that you received in the process of fighting for your rights. Indicate your demands against the defendant, do not forget about compensation for moral damage and compensation for all associated expenses , for example, a paid independent examination.
If a defect in the product leads to loss of profit (breakage of the photographer’s camera), you have the right to demand compensation for losses incurred. Be sure to include all receipts - they will prove your expenses. You can also demand a penalty for late delivery of goods. It is calculated using a simple formula - 1% of the cost of the goods for 1 day of delay.
There are no mandatory wording here, the most important thing is to indicate the claim accurately and factually, for example, “The camera was purchased on 01/12/2019, the warranty period is until 01/12/2022. Operation was carried out in accordance with the conditions and recommendations of the manufacturer, however, on April 20, 2019, the camera stopped turning on for no apparent reason.”
We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:
+7 (499) 938-90-72Moscow
What other documents/evidence do I need to provide?
In addition to documentation and receipts, evidence may include evidence from other buyers about violations of their rights in a given service/store . On social networks, you can find other owners of the brand and model of your product, and file a class action lawsuit.
Reference! After going to court, you can file a claim based on your expertise against the seller or store, and if you receive a refusal, attach it to your claim.
If you are not familiar with the articles of the law, you are obliged to refer to them in your appeal. You can also count on judicial protection - a state lawyer or a representative of the consumer rights protection committee.
Remember, in court you are not required to prove the guilt of the seller/organization or your innocence in the breakdown of the goods . On your part, there will be enough documents that you accumulate during a confrontation with the company where the subject of your dispute was purchased.
Do I need to pay state duty?
In legal proceedings regarding violation of consumer rights, state fees are not paid.
Time frame for consideration of the case
According to Article 154 of the Civil Procedure Code of the Russian Federation, the court has the right to consider a claim within two months from the date of its filing. And the magistrate court considers the case within one month. However, in reality, the time frame may be significantly delayed due to additional examinations or other circumstances.
After the court ruling, the case is transferred to the bailiffs . They were given 3 months to implement the decision. Alas, here, too, everything is not so simple, and deadlines may differ both for objective reasons and due to the human factor.
