How to get money back for a phone or laptop if it's broken

Buying a new phone is a responsible step that requires a serious approach to choice. No buyer is immune from the breakdown of a mobile device, even if it was purchased in a store. What to do if a phone that is covered by warranty breaks down? Where to go in 2021 and with what? All this will be covered within the framework of this material.

Normative base

The main regulation is the Law “On the Protection of Consumer Rights” No. 2300-1 of 02/07/1992 (hereinafter referred to as the LPP). In Art. 18 (clause 1) states that if defects are detected in the phone, the consumer has the right to rely on repair, return or replacement.

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Attention

Regarding technically complex devices, the consumer may refuse to fulfill the terms of the purchase and sale agreement and request a refund of the money spent, as well as demand a replacement with a product with the same consumer properties. Their list is presented in Government Decree No. 924 of November 10, 2011.

The time frame within which it is permissible to present these claims is discussed in the following Article 19, paragraph 1 of Law No. 2300-1. The standard states that the consumer retains the right to protect his own interests during the entire warranty period or shelf life. If expiration dates for certain goods have not been established, they can be submitted for examination within two years.

The next article (Article 20) deals with the procedures for eliminating defects in product items on the part of the seller. Clause 1 states that the elimination of deficiencies occurs immediately, i.e., in compliance with the minimum deadlines. They cannot be more than 45 days. If we are talking about durable goods, such as a telephone, the manufacturer is obliged to provide the consumer with a replacement product within three days (Clause 2 of Article 20 of the ZPP Law).

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 go if your phone breaks under warranty in 2021?

In 2021, the first thing you need to do is “peacefully negotiate” with the phone seller. He will inspect and send the device for warranty repair, giving another unit for temporary use in return. All that is required from the consumer is to draw up a claim in two copies. One of them remains in the hands of the phone buyer, the second is transferred to the party that sold the product of inadequate quality.

IMPORTANT

If the seller ignores the consumer’s demand, the latter has the right to appeal to higher authorities (ROSPOTREBNADZOR, court).

Step-by-step instructions

If the phone breaks down during the warranty period, it must be repaired or returned. In accordance with Art. 18 clause 1 of the law on ZPP, a certain procedure for carrying out return measures for a smartphone is in effect for 15 days (if a defect is detected in the product). According to it, the consumer may not return the mobile device for repair, but simply return it with receipt of the amount of money paid, or replace it with a new device.

The phone cannot be exchanged or returned under warranty if it:

• was subjected to mechanical influence;
• software changes;
• act of cold or moisture.

Within 14 days from the date of purchase, the consumer has the right to return the phone under warranty if a defect is found in it.

Additional Information

Is it possible to return a phone to a store in 2021 if it doesn’t suit you or you don’t like it?

In accordance with the List of non-food products of good quality that are not subject to exchange or return (Government Decree No. 55 of January 19, 1998), phones are complex technical goods that are not subject to exchange or return. This is confirmed by Art. 25 of the law on ZPP. This category includes multifunctional devices equipped with touch screens. That is, we are talking about smartphones and tablets. Return them according to Art. 25 within 14 days is not allowed.

But the question related to classic push-button phones remains open. The fact is that from the point of view of jurisprudence, the belonging of this product group to items of complex equipment cannot be proven 100%. Therefore, products with buttons can be returned and exchanged within 14 days after purchase.

Instructions for action if problems occur with the phone after 15 days of use are as follows:

• If a breakdown is detected, you should study the warranty card. It is not uncommon for a seller to offer a primary and secondary warranty for the phone that covers the same set of rights.
• Go to the seller, taking the broken product and everything that came with it. Write a request for marriage.
• If the warranty period for the phone has not expired, and the breakdown occurred due to the fault of the manufacturer, the seller is obliged to accept the smartphone for repair or offer the buyer other options (replacement, return, proportionate reduction in cost).
• The duration of repair activities in 2021 cannot exceed 45 days, otherwise the buyer reserves the right to file a complaint with ROSPOTREBNADZOR.
• Having taken the phone for repair, the seller undertakes to: - conduct an examination in order to identify the cause of the breakdown (this is done at the seller’s expense - Article 18, paragraph 5); — hand over the appropriate act with a detailed description of the problem; — provide a replacement model with the same set of options (Article 20, paragraph 2).

Please note:
The Consumer has the right to be present during the examination of the goods. If he does not agree with its results, in 2021 he has the right to create a request for an examination of the phone from an independent specialist.

• If the seller refused to repair the phone under warranty, you should go to ROSPOTREBNADZOR with a corresponding complaint against him. If serious conflicts arise, filing a claim in court is permissible.

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.

Consumer rights

After detecting faults in a mobile device, the consumer, in accordance with the law on STDs, has several options for action (clause 1 of Article 18):

• exchanging the phone for an analogue or another brand with subsequent recalculation of the payment amount;
• returning the smartphone to the seller and receiving money back (usually this happens within 3 days);
• use of the right to receive warranty repairs;
• reduction in purchase price in proportion to defects.

Attention
The phone must be returned for repair under warranty in the same configuration as it was at the time of purchase. However, the absence of a receipt and box does not serve as a reason for refusal on the part of the seller (Article 18, paragraph 5).

Seller rights in 2021

In the event of a phone breakdown, warranty rights and disputes are available not only to the consumer, but also to the seller. Their list is also prescribed in the legislation on consumer protection.

1. In Art.
   18 clause 5 states that the seller is obliged to accept product items for inspection. IMPORTANT If, as a result of the examination, it is established and proven that the defects arose through the fault of the user, the latter will be obliged to reimburse all costs associated with checking, storing and transporting the product item. The seller has every right to demand this money.
2. In 2021, the seller has the right to refuse to accept a phone for examination and repair if the expiration date or warranty period has expired.
3. The seller does not consider the claim even if the consumer tries to return a product that is not covered by warranty services.
4. In Art.
   20 clause 1 states that in a number of situations the seller has the right to delay the repair of the goods. For your information, if during the repair work it becomes obvious that it will not be possible to eliminate them in the allotted time (45 days), a new deadline is set. However, the lack of necessary spare parts and components on site does not allow it to be formed anew.

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 can I get my money back for a phone under warranty?

According to the provisions of the Law “On the Protection of Consumer Rights”, money can be returned in 2021 for a phone of inadequate quality only if the following conditions are met:

• if the warranty period for the product is extended;
• it has not expired;
• the product is subject to exchange and return;
• the breakdown occurred due to the fault of the manufacturer/seller;
• The product was provided for repair in the same configuration that was included when purchased.

In Art. 24 (clause 1) of the law on ZPP states that if a product item of inadequate quality is replaced with a product of the same brand and model, the price will not be recalculated. Clause 2 states that if the replacement is made with a product of a different model, the difference is paid by:

• consumer, if the price of the new product is higher;
• seller if its value is lower.

IMPORTANT
Clause 6 states that if the phone was purchased using credit resources, in 2021 the seller remains obligated to return not only the amount paid for the smartphone, but also interest and other payments in accordance with the loan agreement.

What to do if your phone is broken? How to get my money back?

Before moving on to the essence of the issue, I would like to remind you that all documents, if submitted directly (not by mail), are drawn up in two copies, the first one you give directly to the seller, and the second one is stamped, signed by the employee and the date the document was received!

The Law “On the Protection of Consumer Rights” (for convenience, we will call it “ZPPP”) goods are divided into ordinary and technically complex. The list of technically complex goods is exhaustive; it is specified in Resolution No. 924 of November 10, 2011 “ON APPROVAL OF THE LIST OF TECHNICALLY COMPLEX GOODS.”

This list does not directly indicate that a telephone is a technically complex product, unlike a car or a computer, but the list does have a definition under which a telephone falls, namely, paragraph 6 of this resolution states that “equipment” is recognized as technically complex goods navigation and wireless communications for home use, including satellite communications, having a touch screen and having two or more functions.”

What to do if you bought a phone and it broke down.

In the event of a product breakdown, the buyer has the right to file claims against both the seller and the supplier or manufacturer.

You have several options.

The first and main thing is to take it back to the seller, where, most likely, they will accept it from you and give it for examination. Typically, such an examination can take from 20 to 45 days. Few people know, but there are two ways to speed up this procedure:

1. Write in the complaint that you are asking for an examination to be carried out and the deficiencies to be eliminated immediately. This right is provided for in paragraph 1 of Art. 20 ZPP.
2. Ask for a replacement product with identical functions to be given to you within 3 business days. This right is enshrined in Part 2 of Art. 20 ZPP. There is a list of goods to which this requirement does not apply; it is established by the Government of the Russian Federation. A telephone is not included in the list of exceptions; therefore, it is possible (and even necessary) to request a telephone with identical functions during the examination and repair.

These two rules will help you speed up the process of examination and repair, since, firstly, stores are extremely reluctant to give out replacement goods, and secondly, you will immediately let the store know that you know your rights and will not allow you to be led by the nose.

What to do if simply repairing your phone doesn’t suit you?

In relation to technically complex goods, which is what a telephone (smartphone) is, the consumer has the right, in accordance with the Law of the Russian Federation, to demand a refund or to submit a demand for its replacement with a product of the same brand (model, article) or with the same product of a different brand (model). , article) with recalculation of the purchase price within fifteen days from the date of transfer of such goods to the consumer.

If the breakdown occurs after fifteen days, even on the sixteenth, these requirements must be satisfied in one of the following cases:

detection of a significant defect in the product;

violation of the deadlines established by this Law for eliminating product defects;

the impossibility of using the product during each year of the warranty period in total for more than thirty days due to repeated elimination of its various deficiencies.

Therefore, if you find a defect (breakage), contact the seller immediately and do not delay, because you only have 15 days. After this period, the procedure becomes much more complicated.

Unscrupulous sellers often make false examinations in which they indicate the buyer’s careless attitude towards the product as the cause of the defect (breakage), thereby denying the buyer his legal rights. The trick is that the store may refuse to repair you (and even more so, replace the product with a new one and return your money) after conducting an internal examination.

To avoid these frauds, in addition to everything listed earlier, the claim must indicate “Please notify me of the time and place of the examination.” Then you will be able to be present and personally monitor the progress of the process.

But if, even under such circumstances, a “specialist” or “expert” indicates that the breakdown occurred due to the fault of the buyer, then you can always conduct an independent examination, with which you can already go to court. As an option, you can also write a review of the examination carried out by the store.

To summarize all of the above, I am posting a sample claim.

You can contact me by writing by email

Phone exchange and money back

Procedures for replacing a phone of inadequate quality under warranty are regulated under Art. 21 of the law on STDs. Clause 1 states that the replacement must be carried out within 7 days from the date of presentation of the corresponding request. If an examination is necessary, this period is extended to 20 days. The calculation of the warranty period due to replacement starts anew (Article 21, paragraph 2).

You can exchange your phone for warranty in 2021 in the following situations:

1. Discovery of a serious defect requiring expensive repairs, the price of which exceeds the cost of the mobile device.
2. Long (protracted) phone repair work (over 45 days).
3. The need for regular repair of the smartphone, i.e. during each year of the warranty period for a total of more than 30 days due to repeated elimination of various defects of the phone. (Article 18, paragraph 1).

To exchange a phone under warranty, a claim must be made in two copies, the period during which the return is made is 7 days. If a new model is not in stock, the time period should not exceed 30 days.

Actions in case of refusal to repair a phone under warranty

If you are denied repair work under warranty, you must proceed as follows:

• demand a written refusal of warranty repair of the phone and a report on the work that was carried out (remember, they can refuse you only in accordance with Article 18, paragraph 6 of the ZPP law);
• send a claim to the head of the service center, attaching copies of other documents and a clear statement of the requirements;
• demand an examination at the expense of the seller (if a refusal follows, the consumer retains the right to conduct an independent independent examination, which he pays for himself, but if he wins in court, the defendant must reimburse him for all expenses incurred);
• contact higher competent services if previous actions did not lead to the desired result, and you are confident that you are right (you must send an application to ROSPOTREBNADZOR, and the most extreme measure is going to court).

You can request a phone return here.

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.

The phone is under warranty and the headphones are broken

In Art. 19 clause 3 states that warranty periods can be established not only for main goods, but also for components. They may be the same, or they may differ.

IMPORTANT

By default, in 2021, the warranty period for headphones is the same as for the phone, so you can request their repair, replacement and return within the same period. But if the contract specifies other conditions (for example, a shorter warranty period), the consumer no longer has the right to file a claim after its expiration.

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.