Phone repair under warranty, phone repair period under warranty

What rights does the consumer have?

According to the Law “On Protection of Consumer Rights” you have the following privileges:

You can return even a working phone back to the store if it does not meet some criteria: the gadget is the wrong size, color, has an awkward shape, or the seller told you about components that were not in the box. The phone does not have the resolution that the seller promised you.
You can legally return a working phone back to the store within two weeks, not counting the day of purchase.
You can exchange your phone for the same one. If there is no such phone on the day of your request, then you can negotiate with the seller and wait until such a model appears in the store, or terminate the contract and return the amount spent back.

Information

Usually, refunds are processed within about 3 days.

How to return a technically complex product under warranty?

We talked about ordinary goods, such as a jacket, bag, frying pan and other goods, not equipment. But technically complex goods include the following:
Appliances;
Vehicles with internal combustion engines and electric motors;
Agricultural machinery;
Boats, boats and other swimming devices with internal combustion engines or electric motors;
Vehicles for movement on snow using an internal combustion engine or an electric motor;
Digital and optical cameras;
Game consoles and computers (system units and laptops, tablets);
TVs with a digital control unit, as well as satellite TV sets;
Laser or inkjet printers and other printing devices;
Equipment used for wireless communication and navigation.

Returning such goods under warranty is not a simple matter, but on the basis of Part 8 of Clause 1 of Article 18 of the “Law on the Protection of Consumer Rights”, if defects were discovered in a technically complex product within 15 days from the date of purchase, the consumer has the full right to return return the technically complex product to the seller and take the money back.

How to return a technically complex product back to the store?

But if defects in a technically complex product were discovered after 15 days from the date of purchase, then the consumer has the right to return a technically complex product only in the following cases:

If a significant defect is found in the product. What are the significant disadvantages? This is when eliminating a defect requires large expenses, for example 80 percent or more of the cost of the product, or elimination will require a lot of time. When the defect appears repeatedly. If the deficiency is so serious that it cannot be eliminated. If there are a lot of defects. If the deficiency reappears after it has been eliminated;
If you returned such a product for warranty repair, however, the period for eliminating defects was violated and, by law, the period for eliminating defects cannot exceed 45 days. Or if the deadlines are established by the parties, then warranty repairs cannot take longer than the established deadlines, or as I said, if the deadlines are not established, then the repairs cannot last longer than 45 days;
If you cannot use the product due to its being under repair for a total of more than 30 calendar days each year of warranty repair, then this is also a reason to return the product. For example, the warranty on a laptop is 2 years, in the first year of the warranty the laptop was under repair for 35 days and in the second year of the warranty the laptop spent 33 days under repair, in this case it was under repair for more than 30 days in each year of the warranty period, which is based on part Clause 11 of Article 18 of the “Law on the Protection of Consumer Rights” is the reason for demands for the return of goods.

That is, you can return a technically complex product that is under warranty if defects are found in it if 15 days have not passed since the date of purchase, and if 15 days have passed, then a return is possible in the following cases:

Detection of significant deficiencies;
The deadlines for eliminating defects in the product were violated;
You cannot use the product for more than 30 days in each year of the warranty period due to its being under repair.

What rights does the consumer have if the purchased phone becomes unusable?

Since a cell phone belongs to the category of complex technical products, it is covered by a warranty period of one to two years. If the phone breaks down during the period specified in the warranty, then you have the right to:

Contact the store with a complaint and demand that your broken phone be repaired.
Ask to exchange your broken phone for a new one (similar or different).

You can request repair of a broken phone without a warranty card. An important condition for this is that the phone must be in the same configuration as it was on the day of purchase.

How to return a mobile phone to a store. We study the legal foundations

Return the cell phone to the seller within 14 days

How to write a claim for a refund for a phone?

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

When choosing a phone and receiving information about the technical properties of the product, do not forget to ask about the warranty repair period.

Most well-known manufacturers of mobile gadgets, such as Nokia, Lenovo, Sony and Samsung, set a one-year warranty repair period for their products.

What does this deadline mean?

This means that if the phone breaks down during the warranty period, the person who purchased the product can count on free service and repair (if necessary).

What services will be provided to the client during the warranty repair period:

repairing a breakdown or replacing a product;
the warranty repair period will be extended by the time during which the phone was under repair;
at the service center, according to Art. 20 clause 2 of the Law on Protection of Consumer Rights, are obliged to provide the buyer with a similar telephone so that the buyer does not experience inconvenience during the absence of mobile communications;
complete replacement of a faulty phone with another device (in case the repairmen were unable to solve the problem);
The service center must resolve any problems that arise within 45 days, no more.

Unfortunately, buyers are often unaware of the rights they have as consumers. This is especially true for warranty repairs.

The Law “On the Protection of Consumer Rights” states that while a broken phone is under warranty repair, the owner must be presented with a similar product that matches the parameters of the purchased one.

This must be done at the service center where the buyer contacted. Based on the application, the client must be allocated a new phone within three days.

Important! In case of refusal to comply with this requirement, the seller will pay a penalty, which is equal to 1% of the price of the phone on the market. This amount will be charged for each day of repair.

In Art. 20 of the Law on the Protection of Consumer Rights states that there is a 45-day period allocated for repairing a phone at a service center. In addition, repairmen do not have the right to delay the process and must deal with the gadget immediately after it arrives at the service center.

What to do if your phone breaks under warranty

Find the receipt and all documents for the broken phone. It is also important to find the box in which it was packaged.

If you have lost your receipt, then as proof of your purchase of the phone you can provide a printed history of the bank card with which you paid for the phone or invite a person who was present at the time of your purchase and therefore can act as a witness.

In the store, provide your phone number, receipt, packaging and documents to the seller. Ask for a claim form.

In order to have time to correctly draw up a claim, it is better to familiarize yourself with your rights on legal websites or by seeking the help of a professional lawyer. A correctly drafted claim is 50% successful in returning a broken phone.

After filing a claim, the seller must take your phone for examination at the store’s expense, with the help of which the cause of the breakdown will be determined.

If the established reason indicates that the cause of the breakdown is your carelessness, then they will charge you money for the examination.

If the examination shows that the cause of the phone breakdown was a manufacturing defect, then your phone will be sent to the repair service. This is done at the expense of the store.

How to return your phone for repair under a warranty service agreement?

Let's look at what steps you should take to submit your phone for warranty repair.

First of all, find the packaging for the device, a fiscal receipt, a warranty card (to be filled out by the seller at the time of purchase). Without these documents, you are unlikely to be able to return your phone for repair.

Note! Often manufacturers Lg , Nokia , Lenovo require you to hand over the charger along with the phone, but this requirement is not mandatory.

Among the documents that are issued to the client when purchasing a phone, a list of service centers and their addresses is also issued. Take the phone for repair to the exact store where you made the purchase. Then it will be sent to a service center for repairs.

At the initial stage, service center employees conduct an expert assessment of the phone’s condition and diagnose it.

Your presence may be optional, although you have every right to do so. This is necessary so that the service center employees enter correct data about the condition of the device.

During the examination, the phone is examined and the fact of the presence of an external influence that could cause a breakdown is recorded. External damage, if any, is also recorded.

If there is no damage caused by mechanical impact, the device is accepted for repair. Sign an agreement with the service center that specifies the repair time frame.

When you accept the device for repair, write an application for the temporary replacement of your phone with another device of similar parameters. If the service center has provided you with this opportunity, then you can use the new phone until the warranty repair is completed.

Warranty period according to the consumer protection law.

What is the warranty period after repairing household appliances? Read here.

From when the warranty period is calculated, read the link:

What should you do if the store refuses to return a phone that is broken under warranty?

If you contact the store with a complaint, and the seller refuses not only to send the phone for a guaranteed repair, but also to conduct an examination, then this is a clear violation of the Law “On the Protection of Consumer Rights”.

If the seller refuses to send the phone for examination, contact higher service personnel - the general manager or store director.
If they also refuse to provide you with a warranty repair service for your phone, then contact the consumer protection service. There they will help you write a complaint and send it to the relevant protection authorities.
If this does not work, then the last option will be to resolve the issue in court.

Consumer protection: is it possible to return a phone under warranty if the screen is broken?

Lawyer: Fedor Neuronov

What are the legal warranty periods?

The warranty period is set by the seller over the phone in most cases. Most often, such periods vary from 6 calendar months to one year. Much less often – two calendar years. Warranty periods are indicated in the coupon. The period begins to run from the date of purchase.

If the warranty period is not specified in the coupon, then it can be deducted based on the date of the issued purchase receipt. Therefore, even when purchasing, make sure in advance that you are provided with all the documents and the correct dates are set.

Even after the warranty period has passed, the buyer can make his claims. However, in this case, you need to provide evidence that the purchased phone has already had any breakdowns or shortcomings.

Russian legislation also provides for situations where the consumer has the right, even after the warranty period has expired, to return the product in order to eliminate defects. A telephone is a technically complex product, so a similar rule applies to it. Even if the purchaser discovers defects after 2 years, he can present his claims if he proves that the defect is significant and appeared at the time when the warranty period was in force.

How does the phone warranty work?

How can a consumer get a refund for a phone under warranty? What to do if a defect is discovered? How long is the surety period (maximum period)? You will find the answers to these questions below. The coupon must include information about the validity period. As you can already understand, repairing a phone under warranty is not an easy task. Not every breakdown is covered under warranty, therefore, the chances of getting repairs done for free are reduced. To understand what happened to your phone, you need to send it for service. Also, when contacting, you must tell about all the problems that have arisen with the device (battery failure, non-working condition of the charger or sensor), and make sure that the technician writes them down. It would also be a good idea to ask to open the phone in front of the buyer. This will ensure that there are no signs of corrosion or visible damage inside the phone.

After which you need to provide a form in which all the rows and columns according to the sample have already been filled out. After the repairman takes the phone for repair, he is obliged to issue a technical examination report. Please ensure that all required fields are filled out in the application and that the engineers sign it.

You need to know that cases are considered non-warranty when:

the coupon does not have the signatures of the seller/buyer;
fields are filled in incorrectly (IMEi mismatch);
the phone was subjected to heavy loads or was used with third-party components (which do not meet the parameters and are not approved by the manufacturer);
the buyer tried to make the repairs himself;
Damage caused by impact, water or household factors.

A citizen has the right to file a complaint if the phone suddenly begins to malfunction, charges poorly, the battery quickly runs out, or a scratch appears on the screen. You can download a sample application form on the official website. After providing the necessary documentation, the salon is obliged to replace the low-quality product or repair the damaged item. All this is discussed separately with each consumer.

How to return a new device for repair or return?

Where to go?

The buyer himself decides where to go . There are two options.

In the first case, you can contact the store where you purchased the phone. This can be done either in person or by mail with the forwarding of the claim.
Also, the client can contact the service center, which operates officially. It is important to choose a service center of the brand that corresponds to the gadget you purchased. For example, a Huawei brand phone needs to be repaired at an official Huawei service center.

What to prepare?

Before going to a store or service center, you need to collect your documents and phone number. It's great if you kept the box. Place all the components and the phone itself in it. This:

power unit;
the wire;
headphones;
a paperclip for removing the SIM card slot.

If the kit included other components, assemble them too.

Be sure to prepare a package of documents . Put in box:

instructions;
warranty card;
receipt confirming the purchase.

Be sure to take your passport with you.

A statement is drawn up. This can be done when contacting a store or service center or in advance at home

Do I need a coupon?

Unfortunately, it often happens that buyers simply forget to ask for a warranty card in the store or lose it while using the phone. What to do in this case?

In order to claim your rights to warranty repairs, you must provide a receipt indicating proof of purchase. After all, the period for warranty repairs begins to run from the date of purchase. It’s great if you have witnesses or you can request a recording from surveillance cameras that it was you who made the purchase on the specified day.

What to include in the application?

The application is drawn up according to the sample required by the store or service center. Some organizations do not make any requirements at all and offer to write an application in free form. The statement states:

Who are you, your passport details and contacts.
When was the phone purchased and under what circumstances?
What breakdowns and deficiencies were identified, measures were taken or not taken to eliminate them.
Request for phone repair or replacement due to impossibility of operation.

Date and signature are added. If there are supporting documents, references are made to them, and at the end of the application a list of attached papers is made.

Is an examination necessary and at whose expense is it carried out?

You can often encounter conflicts between the store and the buyer. This occurs when the store does not want to repair the phone for free or has suspicions that the breakdown is a consequence of the manufacturers’ shortcomings, and not the actions of the buyer. In this case, an examination is appointed. It is carried out only in controversial situations.

Most often, it is the buyer who pays for the examination, since it is in his interests that the phone is sent for warranty repair. If the buyer’s guilt is proven, the store will remain unconvinced and will not repair the gadget.

How long will the repair time be?

In accordance with clause 1 of Article 20 of the Law “On Protection of Consumer Rights”, there are deadlines within which service centers must meet when repairing a phone. A maximum of 45 days is given to eliminate defects. After this time, the phone must be returned.

The buyer also has the right to request a replacement phone , since due to the lack of the purchased gadget, he cannot communicate about work and personal matters. A replacement telephone is provided within 3 days from the moment the buyer submits an application for the issuance of a replacement product.

They won’t return the phone for repair, what should I do?

This article describes in detail what to do if your phone is not returned for repair, and everything you need to know about it. This article is based on the Law “On Protection of Consumer Rights”. There are often situations when a product handed over for correction of its function does not work correctly, things are lost, or are not restored correctly. It will describe how a phone is repaired, what responsibility service centers and their employees bear, and what sanctions are applicable. Where to go if the phone is not returned?

Service quality

The assistance provided for repairing mobile communications must be of high quality, in accordance with the rules of the concluded agreement for the provision of services. If an agreement has not been drawn up, the representative is obliged to hand over the mobile device for further use. Also establish the period of use of the transferred property and its component materials. The period of use is measured in time periods, i.e. How long can the phone last?

When purchasing or providing service assistance to correct defects, the contractor must provide a warranty card, which determines the period for return, re-repair, etc.

Responsibility for violation of consumer legal rights

Obtaining the safety of processing, movement and storage conditions of goods. Also excluding damage to the item transferred for the provision of services. If the warranty document has not been received, the contractor is obliged to provide 10 years from the date of transfer of the goods for its use.

If the performer violates human rights, he bears full responsibility under the law, and the damage caused is compensated in full. The harm caused does not mean that the work does not require execution.

If, when filing a lawsuit against the performer, the court satisfied the requirements, but the defendant did not comply with them, the authority collects a fine in the amount of 50 thousand rubles.

Consumer rights Protection

If consumer rights have been violated, it is worth contacting the judicial authorities with a claim of the established form. The application may be submitted to any of the following places:

Carrying out the activities of the organization, residence of individual entrepreneurs;
Performer location;
Evidence of the agreement and its entry into force.

An application submitted to the court, people executing it, and demanding its execution are exempt from paying state fees.

Terms of service provision

Performed in accordance with the specified deadlines or agreement to correct performance problems. Must consist of the date of completion or the period when the contractor starts work. If the established time limits are violated, the consumer has the right:

Set a new deadline;
Transfer the work to other persons or do it yourself, but demand compensation for expenses;
Demand a price reduction;
For full compensation of damages.

Subject to the appointment of a new time for the performance of services, they are indicated in the contract. A performer who refuses his work has no right to demand payment for it, even partially; consumables are also not taken into account.

If the contract specifies the execution time (hour, day, month), for each overdue hour or other, if this agreement is not fulfilled, the contractor is obliged to pay a late fee. The payment amount is estimated at 3% of the time period.

Consumer rights when discovering deficiencies in the service provided

If violations are established as a result of the service provided, the customer has the right to demand:

Elimination of errors, without payment;
Reduce payment;
Performing the work again or a similar product at the expense of the contractor;
Refund;
Refuse further action and demand a refund of expenses;
The customer can make his claims during any period of validity of the warranty certificate, or in its absence within 2 years.

If any defects are found, the consumer can present the product for free rework. Provided that as a result of the work performed, a malfunction appears. The requirement is fulfilled within 20 working days, the consumer can demand that they be eliminated or compensated for losses.

Illegal seizure of goods provided for the performance of services

There is also an article of the civil code that states that enrichment at the expense of another is illegal. In this case, this may include not returning the phone after the service has been completed, or vice versa.

Refunds are subject to the following requirements:

Invalid transaction;
Request to return to owner;
Agreement on return upon execution of the order;
Compensation for damage, provided that the phone is not returned, etc.

For example, if the phone is sent to a service center to fix problems. After the elapsed time specified in the contract, the phone was not returned, and no other actions were taken to resolve the conflict. The owner has the right to apply to the courts to return the goods. Illicit enrichment is an article of the Civil Code and is subject to liability for such actions. If it is impossible to return, fines will be applied to fully compensate for the losses incurred.

In this article, you learned what to do if your phone is not returned for repair. If you have any questions or problems that require the participation of lawyers, then you can seek help from the specialists of the Sherlock information and legal portal. Just leave it on our website

Editor: Igor Reshetov