How to pass a phone for warranty

We understand who must repair a faulty device, how long will it take, will it give you a phone to replace and what to do if the quality of repair does not suit.

According to the law “On the Protection of Consumer Rights” you have obliged the law “On the Protection of Consumer Rights” to take a product in which there are defects, and eliminate them.

For the quality of the goods correspond to. 2, P. 3 st. 18 of the Law “On Consumer Protection” and the Seller and Manufacturer. Therefore, if the phone is under warranty, you can also contact the store where the goods sold, and in the organization that represents the company-producer.

Defects, due to which the phone can be passed into repair, can be different: crack on the screen, no sound, non-working touchscreen display and so on.

The phone will repair under warranty if they will not be able to prove that the lack appeared according to your fault. 18 of the Law “On Consumer Protection” or due to improper transport or storage. Why appeared defect, find out when checking goods. This process includes examination.

Cellular. technically complex product or not?

This time, we start our trial not just with terminology, but from the wording and concepts, at first glance having an indirect attitude to the topic. However, you should not neglege, It is from this data and will mainly flow out all the above.

  • There is a notion of “technically complex goods”, the list of which is approved by the Government Decree 24 (hereinafter referred to as PP 24).
  • Among other things, in p.6 of this resolution indicate the device “Wireless communication for domestic use”.

The first answer is received: cellular, mobile phones (smartphones). In this case, these are synonyms. belong to technically complex goods based on PP 24.

What is this excursion to legislation? To answer the main question of the article. To him and move.

Mobile Phone Return Conditions

The type of mobile phone determines the conditions for its return:

Term Source Smartphone Mobile Phone
Within 14 days, starting next day after making a purchase. Any production marriage. Any production marriage.
Next during the warranty period. Essential / Repeating / Non-Refective Defect or Defects. Any production marriage.

Under any production marriage, a defect is understood, which makes the phone unsuitable for use on intended purpose. The reason for its appearance technological, not related to improper operation. If the phone stopped working, because his owner droping, this is not a warranty case. If a poor-quality motherboard emerged and the device does not turn on. warranty.

During the warranty period, the consumer does not need to prove that the lack of production. It is assumed by default. Seller, if not sure about this, conducts quality check. For problems arising because of improper operation, it does not respond, and the refund requirement will not satisfy.

For a smartphone with a touch screen, it turns out to return the money after the 15th day of use, only if:

  • The defect is essential, that is, an unrepretentious, emerging repeatedly, it is unprofitable to eliminate financial reasons;
  • The seller did not return the goods after repair in 45 days;
  • During any year of the warranty period, the phone had to be repaired several times, so the consumer could not use them 30 days or more.
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Problems associated with “curves” by updating, installing programs from unverified sources or more resource-intensive, than able to support the device, will not be regarded as marriage. During the quality test, the Specialist Asz will simply update the smartphone, will reset it to the factory settings and return to the store with the conclusion of “defects not found”.

Features of the refund of the touch phone after 15 days of operation

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Exceptional circumstances that allow you to return a defective complex device after 15 days of operation, the consumer must confirm. You can do it differently.

The defect appeared for the first time

The touch phone broke on guarantees for the first time, and the buyer brings it to the store. The sales assistant is not able to judge the nature of the lack, because it does not have the necessary knowledge. He can take the goods, but for warranty repair.

Buyer has the right to request quality check without presentation, and then proceed from its results. It will show the presence of a defect, character and degree of its significance. But it is not recommended to act like this: in most cases it is a time loss.

Next, the store sends the phone to the ACS. Service center can establish: disadvantage not significant, its correction will not take much time and means. After 45 days, no later, the working smartphone will return to the store for issuing the owner.

Asz can establish that the repair is impossible, it will take a lot of time (there are no necessary parts), it is useless or worth it is very expensive. He sends an act of defective in the store. imprisonment with results.

Next, the owner of the smartphone writes another application with refund. Based on this new claim and act from the ACS, the Seller is obliged to return the money.

The buyer may first contact the ACS, and then with an act confirming the materiality of the lack. to the store with the requirement of return. But the possible cost of diagnostics In this case, the seller is not compensated for. In addition, he can doubt imprisonment and require its verification.

The defect appeared after repair

If the same flaw after repair manifested itself again, this reason to consider it significant. The consumer brings a smartphone to a store with a claim in which the defect describes, refers to its repetition and requires returning. Application applies copies of acts from the service center about the first repair and passport.

The store takes the goods and sends it to quality check. It should show that the lack is really the same, that is, repeated (it does not matter, you can fix it or not). Before the expiration of 10 days, the store based on the results from the ACS makes the return to the buyer.

If the check showed that the defect is other and insignificant, the buyer has the right only for free elimination of deficiencies (st. 18 ZozPP). The store gives him a written refusal in returning, the phone and suggests it to repaired. If the problem is different, but essential, makes a refund.

Terms of repair are violated

According to the rules, warranty repair can not last more than 45 days. If, after the expiration of this term, the store does not produce a fully working smartphone to the owner, he has the right to change its requirement (st. 18 ZozPP):

How it happens: the consumer comes to the store for the 46th day. If there is no smartphone, he writes a claim with a refund. It applies a copy of the reception act. Within 10 days from now on, he must receive money. The reason for the delay or delivery of the renovated device to the store, for example, the following days, values ​​do not have.

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Smartphone can not be used for more than 30 days

If the smartphone broke out several times during the warranty year (each time with shipping), and it was not at the disposal of the owner more than 30 days, is a reason for refunding money. The consumer is worth keeping all acts from service centers.

How this happens: the consumer once again gives a smartphone for warranty repair. When the longest location in the service exceeds 30 days, it submits a claim with a refund requirement, applies copies of acts from the ACS. The store is obliged to return the money within 10 days after that.

What if you refused to return?

In the case when it did not work back the faulty phone, the question must be addressed through the court. The claim is fed after complying with the complaint procedure for the dispute resolution.

possible, return, phone, reason

Which court apply?

Disputes on the protection of consumer rights are considered by district (urban) courts and global judges. The district link takes into its business, the size of the requirements for which more than 50,000 with the amount of the claim is less transmitted to the world judge.

The buyer should determine which court to apply. To achieve this goal, it has the right to choose the territorial jurisdiction between the following options:

It is most convenient to choose the jurisdiction in its place of registration, since the seller may be in another region.

How to make a claim?

The statement of claim is drawn up in accordance with the requirements established by Articles 131-132 of the Code of Civil Procedure, the text is written according to the following algorithm:

  • In the upper right corner, the “cap” is filled: the name of the court, the parties about the sides of the case, the price of the claim.
  • In the middle of the sheet writes the name “Claim”.
  • Further, the main part of the contract describes the circumstances of the contract, the cost of goods is indicated, its individual characteristics are listed.
  • The buyer then indicates the disadvantages and the date of their detection.
  • In the sponsive part, the requirements for the return of money for the thing.
  • At the end of the document, the list of applications is listed, the date and signature is set.

The claim should be attached to the documents that were sent along with the claim to the seller, as well as the answer to the complaint letter.

How to return the phone to the store: Consumer Protection Act

Is it possible and how to return the smartphone of proper quality in the store for 14 days? The law is not allowed to return technically serviceable phones (smartphones) for the reasons “did not like” and “not fit”, but in practice, return the serviceable phone to the store within 14 days can still be.

The order of relationships between sellers and buyers is resolved by law of February 7, 1992 300-I “On the protection of consumer rights” (ZozPP). It is on the basis of st. 25 ZozPP Consumer has the right to return to the store good goods within 14 days from the date of purchase, but this does not concern in good technically complex products to which phones include (smartphones). Accordingly, the buyer cannot use st. 25 ZozPP and return the phone to the seller simply because he had such a desire.

Is it possible to return the phone bought on credit and what time?

Is it possible to return the phone taken on credit? Is it possible to return the smartphone bought in installments, within 14 days, if not like? Is it possible to return and in what time frame phone bought on credit? The answers to these questions will differ depending on whether the phone is working or not:

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possible, return, phone, reason

  • If the phone is in working condition, then you need or negotiate with the seller “kindly” either leaving that full information about the product was not brought to the consumer before buying
  • If the phone is faulty. it can be returned to the seller within 15 days (or within 2 years from the date of its purchase when it is impossible to repair or the presence of significant drawbacks)

If the phone is bought on credit (installments) and it is working, then exchange or return it to the seller without explanation of the reasons or just because the phone did not like it fails. With. 25 of the Law of February 7, 1992 300-I “On the Protection of Consumer Rights” (ZozPP) prohibits the exchange and return of good technically complex goods (smartphones, phones).

Technically complex goods

The law is determined that the buyer reprovels the phone to the store in 15 days (for ordinary things for one day less). After sending a smartphone to the store is permissible when:

  • There was a disadvantage relating to a significant (preventing the use of goods for its intended purpose);
  • The duration of repair exceeds 45 days;
  • The thing was not used within a month for one warranty year due to repair.

Return money for a defective phone, assigned to complex things, you can. Cash transfer time standard. 10 days.

The return time of the phone to the store: does not work well or broke

2 weeks, it is possible to get rid of the phone only after significant disadvantages of goods are installed. A significant lack of goods is a disadvantage that cannot be eliminated, it is impossible to eliminate without significant temporary and financial costs, it appears repeatedly, manifests itself again even after repair (para. 9 PREAMBLY ZOZPP).

To return the phone, you must write a claim to the seller. If the seller disagrees with the requirements of the consumer, he will have to conduct an examination of a poor-quality phone (para. 3 P. 5 st. 18 ZozPP).

Examination is held at the expense of the seller. If, as a result of the examination, it will be established that the flaws of the goods arose due to the fault of the buyer, he will have to compensate the costs associated with the conduct of expertise. Even after the examination, the seller refuses to take the phone or the consumer does not agree with the results obtained by its results, then to protect their rights it is necessary to go to court.

In the presence of significant disadvantages, the requirement for the return of the phone Consumer may present within 2 from the date of its purchase, even if the Agreement establishes a warranty period of a smaller duration (. 5 st. 19 ZozPP).

Return a worker, but the phone has the disadvantages within 15 days after the purchase. If this period is missing, you can get rid of the purchase within 2 years since the acquisition, provided that the existing flaws will be recognized as significant.

Consumer rights in Russia are protected by law of February 7, 1992 300-I “On the protection of consumer rights”, but they are often violated. In this case, both state Rospotrebnadzor and public organizations on the protection of consumer protection and the mass of legal organizations will come to help, to provide legal assistance, represent the interests of consumers in court, or help draw up a claim and claim.

There were questions? Each situation is individual. to solve your problem, call 8 (800) 333-94-83 (ext. 155) or fill out the form below and lawyers will consult you for free.