Forewarned is forearmed: rules for returning a mobile phone

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Published: 08/21/2018

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Is it possible to get a refund for a mobile phone that is under warranty and found to be defective? To prevent the purchase of a gadget from turning into disappointment and lengthy litigation with the seller, it is better to familiarize yourself with the rules for returning it in advance.

• Returning a faulty phone
• Claim
• Refund period
• If the seller does not return the money
• Grounds for refusal to return a mobile phone

In what cases can you return your phone for warranty repair?

According to the Law “On Protection of Consumer Rights”, you are obliged by the Law “On Protection of Consumer Rights” to accept goods that have defects and eliminate them free of charge.
Clause 2, clause 3 of Art. are responsible for the quality of the goods. 18 of the Law “On Protection of Consumer Rights” both the seller and the manufacturer. Therefore, if the phone is under warranty, you can contact both the store where you sold the product and the organization that represents the manufacturing company.

Defects due to which the phone can be sent in for repair can be different: a crack on the screen, lack of sound, a non-working touch display, etc.

The phone will be repaired under warranty if they cannot prove that the defect was caused by you. 18 of the Law “On Protection of Consumer Rights” or due to improper transportation or storage. The reason for the defect will be determined when checking the product. This process also includes conducting an examination.

When you cannot be denied a guarantee

If you purchased a smartphone due to poor quality assembly or the use of defective parts, the battery became swollen, as a result the case opened, and the product received mechanical damage. This is a warranty case !

There can be quite a lot of similar cases. Let's say you purchased a tablet computer and bought a SIM card to connect to the Internet. Cellular companies often make cards collapsible. If you needed to insert and remove the card repeatedly and it fell apart, then you as a customer are not responsible for such mechanical damage.

The reason is to operate the device according to its technical specifications.

For example, if you inserted a memory card into the SIM card slot, but the damage was caused by the client. If a SIM card was inserted into the SIM card slot, the damage was caused by poor assembly and during operation of the device.

Legal terms aside, you used the tablet computer as you were supposed to use it! The seller and the manufacturer made a connector for a SIM card, which means that this connector must accept and work with a SIM card of a given size! If the connector cannot do this, it means poor quality assembly and a warranty case for equipment repair!

When does the warranty period begin?

The warranty period begins Art. 19 of the Law “On Protection of Consumer Rights” from the moment of purchase. If this time is difficult to determine, then the warranty is valid from the moment the product is manufactured.

When delivering by mail or courier, it begins from the moment the goods are received. If after delivery you cannot use the product - there are not enough spare parts, special installation or configuration is required, the device does not work - the warranty period begins from the moment the seller fixes all this.

How long does the warranty last?

Most often, the warranty period is prescribed by Art. 10 of the Law “On Protection of Consumer Rights” in the purchase and sale agreement. Typically for mobile phones it is six months or a year. When the contract does not contain a clause about this, Art. 19 of the Law “On Protection of Consumer Rights”, that the guarantee is valid for two years.

Distributed by Art. 19 of the Law “On Protection of Consumer Rights”, it also applies to individual spare parts for telephones. The contract specifies the duration of its validity. But if it is less than the warranty for the main product, it is considered that the spare parts can be returned for repair within the same period as the main product.

When the phone will not be repaired under warranty

The seller or manufacturer must test the phone at their own expense. They will refuse him Art. 1098 of the Civil Code of the Russian Federation to repair under warranty if it turns out that you:

• used the gadget incorrectly (for example, hammered nails with it);
• handled it carelessly (dropped and broke glass);
• improperly stored (in the bathroom with high humidity);
• if the phone breaks down due to force majeure (during a fire or flood);
• They themselves tried to repair it or changed something (they did a “reflash”).

If during the inspection it is determined that the phone broke down due to your fault, you will have to pay Art. 18 of the Law “On Protection of Consumer Rights” for the services of experts and contact the service center for paid repairs.

Where to take your phone for repair under warranty

You can request free repairs from the store where you purchased the device. The seller will be required to accept and repair the phone under warranty.

You can also contact an organization that specializes in equipment repair.

An authorized service center is one that cooperates with the phone manufacturer. Here you can get free warranty repairs at the manufacturer's expense. We use original spare parts for this particular brand of phone.

The service center simply specializes in repairs and may not work with a specific manufacturer or use factory parts. It is worth checking whether such a center will repair the phone under warranty.

Sequence of actions on how to return a phone under warranty

Next, we will consider the procedure for what is needed to return the phone under warranty:

1. To know how to return a phone under warranty, make sure that the defects that led to the breakdown are not the user’s fault and that the phone was not broken.
2. You should come to the seller with the documents that were issued at the time of purchase: a warranty coupon, a receipt for the goods, and you must also attach a claim. It is necessary to make a photocopy of the warranty document and the sales receipt.
3. Next you should write a complaint. In most cases, it is written in the name of the director, whose details are clarified by the seller in the store where the goods were purchased. The claim form is free. The main thing is to describe the whole situation, indicate your contact information for communication. It must be printed in two copies. Thus, we get two checks, two coupons and two claims.
4. The moment of the buyer's presence during the examination is decided. If there is a desire, then this should be indicated in the claim as a separate paragraph.
5. Having collected two sets of necessary documents, you should go to the store and take them. The seller is given both sets, on which he must put the company seal and indicate his full name and position. One copy of the package of documents remains with the seller, the second is transferred to the buyer.
6. After the store accepts the device, it is transferred to the service center. There, the phone will be fully checked for defects and manufacturing defects, and the expert will issue an examination report. In conclusion, it will be indicated whether this defect actually occurs and whether this case is covered by warranty. The buyer may not be satisfied with the result of the inspection, and he has the right to conduct his own independent inspection. As a rule, examination and quality control are carried out within 30-45 calendar days.
7. If the buyer requests in writing that a replacement be provided during the examination, then the request must be satisfied within three days.

The buyer has the right to demand a replacement of the device or a refund, but everything takes place in accordance with the law.

The buyer may request a refund for low-quality goods

How to return your phone for repair under warranty

What you will need

• A receipt, sales receipt or sales contract is a document that confirms the purchase.
• Warranty card.
• Passport.
• Claim for transfer of phone for repair.

What do we have to do

Make a claim for elimination of defects in two copies. Come to a store or service center. Submit one application to an employee of the organization; on the second copy he must put a stamp, signature and the date when the document was accepted.

After that, hand over the gadget. The store or service center should conduct an inspection to find any deficiencies. If this is done right away, they immediately draw up an act of handing over the phone for repair. This document will indicate:

• transmission time;
• phone model, serial number, etc.;
• who transmitted;
• who accepted;
• description of damage;
• repair times.

It can take several days to look for defects. In this case, the store or service center appoints an examination. You have the right to attend the Order of the MAP of the Russian Federation “On some issues related to the application of the Law “On the Protection of Consumer Rights” during its implementation. It is done at the expense of the company that will carry out the repairs. Typically, the examination period is 10 days.

You yourself can contact another organization for an examination, and then provide all the documents to the seller. At the same time, he must reimburse you the costs of the Order of the MAP of the Russian Federation “On certain issues related to the application of the Law “On the Protection of Consumer Rights”.

About consumer rights

The rights of buyers are discussed in the Russian Federation Law “On the Protection of Consumer Rights”.

If your phone under warranty breaks down, don’t despair.

The main points of the document include:

1. Article 7 stipulates that the buyer has the right to purchase a safe product during use. The purchased products should not pose a danger to humans or harm the environment or property of the buyer. The requirement is mandatory and regulated by law. Damage caused during operation must be compensated in the prescribed manner and in full.
2. Each buyer can request information about the manufacturer or producer, as well as receive detailed information about the product upon request. Information should be conveyed to the buyer in accessible and understandable language during the sale. It must disclose information about the name, rules of use, technical regulations, and price.
3. The purchased product must be of high quality, in good working order and fit for use, and satisfy the requirements of the law. In other words, the goods must reach the buyer in proper form.
4. In cases where there is a violation of consumer rights, it is necessary to demand free compensation for losses incurred. This is stated in Article 13 of the law on ZPP.
5. Defects discovered during the use of the purchase must be replaced and corrected .
6. Also, the consumer can legally demand that the purchased product be replaced with a similar model , free of charge or completely refuse the purchase and return the money paid. No more than 2 weeks are allowed to resolve the issue of return or exchange.
7. Any citizen can express a desire to be present during the examination of goods handed over under warranty. Your desire should be indicated in writing in the submitted application. The result of the inspection can be challenged in court if it does not satisfy the buyer.
8. When the buyer makes an advance payment for the purchased item or full payment for the purchase occurs, and the seller does not deliver it within the time specified in the contract, you can demand a refund or return the goods . It is also allowed to demand coverage for losses and penalties incurred.

All other rights are specified in the PPP law, which should be referred to if problems arise.

Law on Consumer Protection

When should a phone be repaired?

Typically, the contract specifies the time frame for repairs. He cannot occupy a position. 20 of the Law “On Protection of Consumer Rights” more than 45 days. But if there are no specific deadlines, then the phone must be repaired as quickly as possible. Considering how long the procedure usually takes.

If the seller or service center employees cannot do everything on time, a new agreement is concluded, which again determines the repair time frame. And excuses that the service does not have the necessary parts do not count.

When a service center or store fails to meet repair deadlines, you can demand a penalty. For each day of delay you must pay 1% of the cost of the goods.

As soon as the phone is returned to you, the warranty period is extended for as long as the gadget was being repaired. To do this, you need to ask for a document that states when the device was accepted for repair and when it was returned to you.

If the phone has not been repaired within 45 days, and the person doing the repairs has not warned about the extension of the deadline and has not offered to conclude a new agreement, write a statement demanding a refund. If on the 46th day you are given a gadget, you can decide: take the phone or the money (provided that you have not yet taken the money). Or choose another product for the same amount.

Should a replacement be provided during repairs?

If a replacement is needed, then indicate this in the document according to which the phone is accepted for repair. A replacement will be provided by Art. 20 of the Law “On Protection of Consumer Rights” within three days. The phone must have the same characteristics as the device you sent in for repair.

If you hand over a touchscreen gadget, they cannot give you a push-button gadget that only makes calls and sends SMS. And to replace the latest model smartphone, you have no right to give you an old gadget with less functionality and worse characteristics.

The properties and characteristics of the gadget are specified in the technical documentation of Art. 10 of the Law “On Protection of Consumer Rights”. This should be pointed out to the person who will be doing the repairs. If he refuses to comply with your demands, you can write a complaint to Rospotrebnadzor and go to court.

If a replacement is not issued on time, you can claim a penalty under Art. 23 of the Law “On the Protection of Consumer Rights” - 1% of the price of the goods for each day of delay.

What to do if you are not satisfied with the quality of warranty repairs

When you receive your phone from repair, carefully inspect it for new damage, scratches, or chips. Turn the gadget on and off, check if all functions work. Shoot a video or take a photo. After acceptance, ask for a document stating that the phone has been repaired.

If you find a defect or the gadget begins to work worse than before, then indicate this in the acceptance certificate - both in your copy and in the copy of the organization that did the repair. Ask them to fix these shortcomings for free. If you are denied, file a complaint.

If there is no response to the claim, you can collect documents and go to court or write a complaint to Rospotrebnadzor.

The answer will be the one who was involved in the repair. Ruling of the Supreme Court No. 18-КГ18-154 dated 09.11.18, even if you took the phone to the store for repair, and he sent it to a service center or workshop.

Mechanical damage

So, when everything is clear, let’s consider the case of refusal of warranty service for a product.

• Carefully read the report and the conclusion of the service center! If it indicates mechanical damage, but does not indicate that it was caused by the client, then you were simply “sent” elegantly, but from a legal point of view, the conclusion is void. Cause? It is not indicated that they were received through the fault of the client.
• Be sure to soberly assess the situation! If you dropped, hit the device or misused it, it is better not to get into arguments, but to agree with the decision. When you are absolutely sure that the device was operated correctly and did not cause mechanical damage, see below.
• Do not enter into conflict, do not make scandals or provoke the service staff. Hysterics and screams are only a reason to legally call the police and remove the rowdy from the service center. You are required to write a complaint and set forth your demands.
• The claim is submitted by the consumer (not a legal entity) and is written in free form. The main thing is to indicate exactly what you require from an individual entrepreneur or legal entity and on what basis. It must be written in 2 copies and must be signed and stamped by a store employee. It doesn't matter to you what the answer is. The main thing is that one copy remains in your hands and this “piece of paper” can help in court before the trial.
• What is pre-trial? This is writing claims and complaints. Otherwise, an individual entrepreneur or legal entity will say in good faith that they could easily resolve the issue with you before the courts. In the end, it’s a plus for him and a minus for you. That’s why it’s important to collect “papers”!
• Some individual entrepreneurs or legal entities are not very literate or even just arrogant, and may refuse to sign and seal a claim. There is no need to enter into conflict! You need to leave and send your claim by mail. You will have a receipt for submitting such a claim. It may be more complicated, but if it comes to court, then you are in a more advantageous situation.
• If your claim is denied, you must contact ROSPOTREBNADZOR! There you can order an independent examination; inform the store where you purchased the product about such an examination; they have the right to send a representative to attend the examination.
• If the examination has established that the damage was not caused by the consumer, once again offer to resolve the case out of court. By the way, if we start from the laws, then the examination is paid for by the “guilty party”, the damage was not caused by the client, but due to poor quality assembly or bad parts, then the examination must be paid for by an individual entrepreneur or legal entity.
• If you are refused, then go to court. Complaining about consumer rights does not require a lawyer. You have all the papers collected and have the examination decision. Why do you need a lawyer? Persuade the judge? If you are an adult with Russian citizenship, then you can represent yourself in such a process.
• After the court's decision, you will be returned the money for the device and paid compensation for moral damage. There is no need to think that compensation will amount to millions of dollars; often it is in the amount of 5–10 thousand rubles.
• You need to understand that if you don’t fight for your rights, they can easily be violated. You will be dissuaded especially in the store and service center. Those who do not fight for their rights always lose. However, if you give up at the very beginning, then victory is impossible by definition! I am telling you this not as a lawyer, but as an individual who personally encountered a problem and decided in his favor. Although at first they also told me different things and dissuaded me at the store’s service center.

What to do if your phone constantly needs repairs

If you are tired of constantly sending your phone in for warranty repairs, you can return the gadget to the seller. But only under the following conditions of Art. 18 of the Law “On Protection of Consumer Rights”:

• during repairs, a significant flaw was found - one that cannot be repaired or requires too much expense to repair;
• During the entire warranty period, the phone was under repair for more than 30 days.

In these cases, the phone can be returned and Art. 18 of the Law “On Protection of Consumer Rights” replacement: choose a new one of the same brand or another in this price category. Or return the money to buy the gadget elsewhere.

Returning a faulty phone

Mobile phones differ in technical characteristics, which affects the rules for their return. It is important whether a particular model refers to technically complex products.

In accordance with paragraph 6 of the List of technically complex goods, approved by Decree of the Government of the Russian Federation dated November 10, 2011 No. 924, such a product is wireless communication equipment for household use that has a touch screen and has two or more functions.

If the phone meets these specifications, the period for returning it due to defects is limited to 15 days from the date of purchase. According to paragraph 1 of Art. 18 of the Law on the Protection of Consumer Rights (hereinafter referred to as the Law), after this period, a return is possible only if:

• marriage cannot be eliminated;
• repairs take a long time or require disproportionate costs;
• defects occur repeatedly;
• the seller violates the repair ;
• The buyer cannot use the phone for more than 30 days during each warranty year.

If there are no such circumstances, then after 15 days the buyer can only demand warranty repairs.

If a mobile phone does not have the characteristics of a technically complex product (for example, a push-button phone without a touch screen), then it can be returned if the defect was discovered before the end of the warranty period or within 2 years from the date of purchase, if such a period is not established (clause 1 Article 19 of the Law).