Issuance of a replacement phone during warranty repairs

Speaking of warranty repairs, many buyers are worried that while the product is under service, they will not be able to use it. But they simply need it.

In this case, the law provides for the provision of a similar product during warranty repairs.

What does the term “similar product” mean?»?

By definition, it is something that matches another product in function, model, brand, quality and technical specifications.

In the event that it is not possible to find a product that is absolutely identical in parameters, the seller looks for a product that has similar characteristics.

Most buyers have no idea that such a service exists in stores, and sellers are in no hurry to inform them, and in principle they should not do this.

If the buyer demands to be given a product similar to that which is being repaired, the seller does not have the right to refuse him.

A negative answer, in this case, will be illegal.

In this article we will try to explain how the buyer should proceed in order to receive a similar product, and what to do in case of refusal.

Phone repair under warranty: consumer rights

A citizen who, after purchasing a phone, goes to the store with a breakdown, has the right to receive warranty service free of charge. In this case, the warranty period of the product must not expire.

What is included in the warranty service:

• repair work by service technicians;
• replacing the product with a similar one;
• adding to the warranty period the period during which the phone is repaired;
• provision of a similar telephone for the duration of repair (in accordance with paragraph 2 of Article 20 of the Law on the Protection of Consumer Rights);
• replacing the product with a new one if repair is impossible;
• carrying out service work within a period not exceeding 1.5 months.

Product warranty period

For any product, especially a durable product, if it is purchased, the parties to the purchase and sale agree on the period during which it will precisely function. The duration of the warranty period depends on the type of product, its purpose and operating conditions. This period can be determined not only for the entire product as a whole, but also for its individual components. The warranty period for phones is calculated in months and years. Sales of products after the expiration of the specified period, or if one has not been established, are prohibited. The seller may set a warranty period for the product if it has not been specified by the manufacturer. In this case, the implementer assumes additional obligations. This rule must be reflected in the text of the purchase and sale agreement.

In most cases, the warranty period for the phone is set by the seller to range from six to twelve months. However, this does not deprive the consumer of the right to file a claim later. In accordance with the Law “On the Protection of Consumer Rights”, this can be done within two years from the date of sale, unless a longer period is determined by the terms of the contract or general regulations. In this case, the buyer will have to prove that the defect existed before the sale of the product. The warranty period for the product and its components is extended for the entire time during which the device was not used.

Replacement product during repairs

If the phone breaks down, it should be sent in for repair under the warranty card. The delivery procedure includes several steps. The main one will be to study the state of the phone. Such diagnostics are performed free of charge if the warranty period has not expired. At this stage, a specialist examines the product for the circumstances under which it failed.

If the fault of the citizen who submitted the phone for repair is discovered, he will have to pay for the diagnostics himself.

After eliminating the causes of damage to the goods, the service employee notifies the buyer. He must also be informed about the period of repair work. In cases where such a period lasts quite a long time, he may ask to be provided with a similar telephone for use, which will have similar functions (Article 21 of the Law of the Russian Federation).

Durable goods - what are they?

Articles No. 20 and the well-known Russian consumer bill regulate the procedure for providing a replacement to the buyer in the event that he has purchased a low-quality product classified as durable goods.

According to this law, such products include products whose service life is three or more years. The most popular example in this case is a refrigerator. But not only this household unit is on the list of replacement products. Next, we will consider a more detailed list of such products.

List of durable goods for which replacement is issued

The list of technically complex products that serve the consumer for a long period came into force in November 2011. In accordance with this document, products in this category are:

• aircraft - light aircraft, helicopters, etc.;
• automotive equipment – ​​cars, all-terrain vehicles and other vehicles;
• motorcycles, mopeds, ATVs and so on;
• agricultural machinery - combines, tractors, etc.;
• television equipment - televisions, home theaters, etc.;
• freezing equipment – ​​refrigerators, product freezing chambers, freezer display cases;
• digital radio electronics;
• satellite equipment and other equipment.

However, not all of the above categories are subject to the rule on providing a replacement if it is impossible to immediately repair the product or exchange it. But the law does not specify the list of such products, but on the contrary, by Government Decree No. 55 of January 19, 1998, it regulates the list of products that the seller has the right not to replace.

Warranty period for durable goods

For goods whose service life is three or more years, a warranty of at least two years must be provided, unless a different period is provided by the manufacturer.

In the event that a customer contacts the store due to the discovery of a manufacturing defect in a purchased durable product (defect, defect, unstable operation), management must satisfy his request within a week. If an item requires long-term repairs or there is currently no similar replacement product in the salon, the consumer must be provided with a replacement for the period necessary to repair the product.

The period for which a long-term product can be replaced is determined by the period required for the retail outlet to repair the product or bring a similar one from the manufacturer.

Application for provision of durable goods for the period of repair

In order to exercise his right to receive a replacement product, the client must draw up an appropriate request addressed to the store management. This application for substitution is drawn up according to the generally accepted template. It must indicate the following points:

• addressee data – full name of the head of the outlet;
• information about the applicant - full name;
• information about the purchased product;
• date of purchase;
• in connection with which it is necessary to make a replacement - due to a malfunction of the purchased product;
• for how long it is necessary to obtain a similar product for temporary use (while repairs are being carried out);
• link to the relevant article of Russian legislation - Act No. 18 of the Law on Prohibition of Laws;
• date of compilation of the paper and signature of the author.

Receipt procedure

Temporary replacement of the product with a model similar in characteristics is carried out at the initiative of the buyer. In such a situation, the seller does not offer this opportunity on his own. The replacement procedure begins with a written application from the person. It must be mentioned that a temporary replacement can only be made when the repair period predetermined by the seller is more than seven days.

Only the information provided is important. The actual duration of the work will not matter. For example, the seller calculated a ten-day period, which was eventually reduced to five days.

Remember! Under these conditions, a citizen has the right to demand that a replacement product be provided to him temporarily. In order to realize this opportunity, the citizen should ask for a written response to the application for replacement submitted by him.

After this, the request is transmitted personally to the sellers. This will give you the right to resolve potential conflicts directly in the store and clarify important issues regarding the time of repair work and replacement. Russian legislation today does not prohibit sending a claim through post offices, the Internet, by providing data to an authorized person or through a courier. However, such paths can complicate the situation.

Watch the video. Return of technically complex goods:

Application Form

The telephone provided as a replacement is issued to the buyer in accordance with the Law of the Russian Federation No. 2300-1 “On the Protection of Consumer Rights”.

Thus, the replacement product must comply with the technical requirements. The seller must provide a guarantee to the citizen that the product complies with the specified technical rules and can function properly.

Most often this is associated with products that have a long shelf life. This includes mobile phones. If the breakdown occurs without the buyer’s fault, the seller will have to carry out repairs at his own expense.

Eliminating the causes of the breakdown takes a certain time, during which the citizen is not able to contact other people by phone. In this case, he has the right to ask the seller to provide goods with similar characteristics for temporary use. Under these conditions, the refusal will be unlawful due to the fact that such actions may become the subject of consideration by official authorities.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

The appeal is drawn up by a person in any form, since Russian legislation does not impose standards and requirements for it.

The content must contain mandatory information about the parties and a requirement to provide a similar product for a time. The appeal can be issued on regular office paper. However, some stores may provide pre-developed samples for such documents.

The document cannot contain profane speech, as well as insults and other verbal expressions that infringe on honor and dignity. You can write a paper in simple writing or by printing on a computer.

The most important detail will be the applicant’s signature. In another situation, the seller will not be able to consider an anonymous request.

Sample complaint to the service center.

How to file a claim for violation of the warranty period for repairs, read here.

How to return your phone to the store if it is faulty, read the link:

What to do in case of refusal

Temporary replacement of the phone is carried out in accordance with the provisions of the Law on the Protection of Consumer Rights. When purchasing a product, the seller and the buyer must make sure that the equipment functions according to the manufacturer’s declared characteristics.

Along with the telephone, the consumer is given a warranty product indicating the period of free service. If, nevertheless, the buyer discovers defects in the operation of the device at home, he can use his consumer rights, the validity of the warranty card and contact a service center to have the phone repaired.

ATTENTION! When contacting a service center, it is important to be sure that the breakdown was not due to improper operation, but that it is the manufacturer’s fault.

In order to be able to communicate with other people during the repair period, it is worth asking the seller to issue the same or similar device in terms of functions and capabilities. If the store refused to accept your application or did not give you a replacement phone, you should contact the regulatory organizations - the prosecutor's office, Rospotrebnadzor.

It is necessary to correctly compose the appeal, indicating accurate and reliable facts, confirming the text with a reference to legal norms. To ensure that the letter is truly effective and well-written, it is worth using the help of a lawyer experienced in consumer protection issues.

The document can be drawn up in any form, but it must contain mandatory sections. Some retail establishments that operate professionally and support the rights of customers provide sample statements, appeals, and claims to make the consumer’s task easier.

Despite your dissatisfaction with the work of the trading establishment, the appeal should be written in business, cultural language, without non-standard vocabulary.

Form and content

The seller of the goods has the right to provide the buyer with a temporary telephone only if the latter submits a written application. If the paper with this requirement was not sent to the store, then the goods will not be issued for the time being.

Keep in mind! Stores often take advantage of the fact that many citizens do not know the legislation of the Russian Federation and conceal their right to receive a similar item during the repair period.

The document is drawn up on a regular piece of paper.

It should include the following information:

• information about the manager of the store where the phone will be repaired;
• personal information about the applicant;
• disclosure of the necessary facts of delivery of goods to the store, as well as information about its brand and model;
• listing the citizen's demands. The document should indicate a request for replacement during the period of repair work. In addition, it is necessary to support the words with references to current legislation, which indicates a person’s right to such actions (Articles 20, 21 of Law of the Russian Federation No. 2300-1);
• at the end of the sheet the signature of the applicant is placed, as well as the day, month and year of the claims made.

The requirements can also indicate the right to receive a penalty in the form of one percent of the cost of the goods. A penalty may be paid to a person if the retail outlet is unable to provide him with a similar product (in accordance with Article 23 of the Law of the Russian Federation No. 2300-1).

The application must have two copies, each of which bears the seal of the organization or individual entrepreneur responsible for the repair. The document may not be drawn up in the case where the work is carried out based on the results of a claim. The client’s desire to replace the phone with a similar one can be reflected in it.

ATTENTION! Look at the completed sample application for the issuance of a replacement phone during warranty repairs:

In our recent article, we talked about a number of breakdowns that can be easily fixed with your own hands. Now let's try to figure out which faults require serious and expensive repairs and which parts of refrigerators cannot be repaired at all?

Compressor failure

A compressor is a motor that causes refrigerant to circulate through the pipes and “produce cold.” Most often, a compressor breaks down for three reasons: factory defects, wear due to old age, or premature wear due to constant increased load: for example, due to breakdowns of other parts (for example, a seal) or improper installation of the unit (for example, next to a heating battery), forcing the compressor work harder and harder. If the compressor fails, then at first it begins to make a lot of noise, creaking and grinding, and after some time it stops turning on and does not make a sound at all. If the compressor no longer turns on, it is almost always replaced entirely, which is quite expensive: up to half the cost of the unit. If it still works, then it can probably still be repaired. In addition, sometimes the cause of noise is not wear, but a violation of the compressor casing suspension.

In this case, only the fasteners themselves are repaired, and sometimes the matter is limited to only adjustment by working with brackets, springs and bolts. If the model has an external compressor suspension, then the technician can fix everything on the spot; if the model has an internal one, only in the workshop.

- Makes a lot of noise

— Doesn’t turn on

Refrigerant leak in the foamed part of the evaporator

When the tubes through which the refrigerant circulates fail, repairs are also expensive. If the leak occurs in the foamed part (this can be determined by the swollen plastic), then the refrigerator is most often “beyond repair.” For some models this is true - for example, for Nord and some Liebherr models. But you can still get close to the tubes of other models (mostly Korean-made). To carry out repairs in the foamed part, you need to almost completely disassemble the unit, repair the tubes, refill the refrigerant, and then foam the tubes again. Even if there is a professional who will do the first three manipulations, the last stage - foaming - must be carried out in a factory environment. Such repairs will be unreasonably expensive or, more likely, the services simply won’t undertake it.

— The foamed back wall is swollen

— Doesn’t cool

Thermostat failure

If the refrigerator or freezer does not freeze, then there is a high probability of a breakdown of the thermostat. To check whether it is working or not, the refrigerator is disassembled, the wires are disconnected from the thermostat and current is applied directly: if after this the compressor starts working, then the problem is with the thermostat. However, this part is not repaired, but only replaced. This is exactly the kind of breakdown when replacement is completely justified, because a refrigerator with a new part can last for many more years. By the way, the stated service life of the thermostat is three to four years, although they usually work much longer.

- Does not turn on or off

— Freezes too much or too little

Violation of the integrity of the seal

In modern models, the door seal is installed in special grooves and in general can have a rather complex connection system with the door. Often the seal and the door are a single whole. So when the technician claims that if the seal is torn, the entire door needs to be replaced, in most cases this is true.

— The refrigerator is leaking

- Works non-stop

— The door does not lock

— Ice forms

Breakdowns of the defrosting system in models with No Frost

Sometimes the auto defrost button breaks, which can be repaired. But sometimes the heaters themselves, the heating elements, break down. In this case, the part should be replaced with a new one.

— Ice forms in chambers with No Frost

Electronic control module

You can often hear from representatives of service centers that the simpler the refrigerator, the more reliable it is. And also, if the electronic control fails, it is better not to call a technician at home, but to immediately take the refrigerator to a service center for a thorough inspection and identification of the problem. And although in general the statement about simplicity is correct, we should not forget that simple refrigerators with mechanical controls also often break down in such a way that their repair becomes unprofitable or simply impossible. On the other hand, often the failure of the control module is associated with a rather elementary reason - oxidation of the contacts. Just clean them up and everything will work.

— Does not respond to button presses

— Doesn’t turn on

* * *

To summarize, I would like to remind you that although the breakdown of such an important appliance as a refrigerator is a rather unpleasant situation, you should be prepared for it. And if any of the above happened to your refrigerator, then don’t even think about repairing it yourself: call a specialist immediately. In the meantime, while he’s driving, start looking for where to put the food: it’s possible that the refrigerator will be taken away for service for a while. However, refrigerator breakdowns are not always so fatal, and besides, many of them can be easily avoided.

The retail outlet refuses to satisfy the demands

As seen from practice, retail outlets are not particularly inclined to satisfy the buyer’s requests, even in cases where the latter has submitted a corresponding application.

If you ignore the phone client’s demands, you can resort to the following methods of influencing the store.

First, you need to draw up a new document demanding payment of the penalty. It will be counted from the fourth day from the date of submission of the first paper. Charges are made until the phone is returned to the buyer.

The peculiarity is that, according to Article 23 of the Law “On the Protection of Consumer Rights,” an organization or individual entrepreneur is responsible for the replacement product. This offer also includes service centers that carry out repairs.

If an organization or individual entrepreneur does not respond to the submitted application, the buyer has the right to contact:

• Rospotrebnadzor;
• judicial authorities.

Rospotrebnadzor is one of the bodies whose competence includes control over the implementation of laws in the field of consumer protection. If a Russian is provided with low-quality services or his rights are violated, he has the right to appeal to this body.

Rospotrebnadzor employees are obliged to check reports of illegal actions and bring the violator to justice.

ATTENTION! Look at the completed sample complaint to Rospotrebnadzor about violation of consumer rights:

The problem arises due to the check periods. The law stipulates that this organization verifies the fact of illegality within 30 days. During this period, the phone can be returned to its owner.

The client can also protect his rights by appealing to the court. To do this, he needs to present a statement of claim, along with which he must submit the application sent to the store.

Litigation usually takes longer than repair work. However, in such a situation, the consumer has the right to collect a penalty.

ATTENTION! View the completed sample statement of claim for consumer protection:

Refusal to provide replacement goods

There is a List of goods (approved by Government Decree No. 55 of 01/19/98), which, according to the law, are not subject to substitution. Requests for this from the buyer may be ignored by the seller.

This:

• cars of all types, including ships;
• medical and household electrical appliances for body care;
• kitchen electrical appliances intended for cooking;
• weapon;
• pieces of furniture.

On a note! Cars purchased by citizens with disabilities can be replaced upon request (clause 1 of the List).

Service centers can provide the buyer with a replacement car for use during repairs, in order to increase the prestige of the company, only on a voluntary basis.