Do a broken phone under warranty. Should the phone be replaced if the screen is broken, but the fault is different?
In fact, this is far from the case! There is a way by which you can replace a faulty device with a new one absolutely free of charge. Or receive the entire amount of money paid for it. Of course, if you bought the device in a store, and not somewhere around the corner. However, the warranty period for the product has not yet expired. And the operating conditions of the device were not violated. In this case, you can actually replace the faulty device with a new one. Or get your money back. Everything is quite simple, legal and absolutely real. If you want to know how to do this, just read the article to the end.
You bought new phone
So, let's imagine the following situation: you came to the store and bought a cell phone, smartphone or communicator. It doesn’t matter who you bought this device for: yourself, your girlfriend or boyfriend, child, mom, dad... It’s important that you keep the sales receipt and, in general, all those pieces of paper that the seller gave you upon purchase.
Helpful tip: never throw away the papers you received when purchasing a product! They can be very useful to you if the device fails. Of course, according to the current law “On the Protection of Consumer Rights,” you have the right to use the testimony of witnesses. To prove the fact of purchase of goods if the necessary receipt and coupon are lost. But it’s still much easier and smarter to keep the sales receipt and warranty card. We will assume that you, as a thorough person, took and kept everything that the seller gave out. Thus, you saved your time, as well as your own nerves. We insured ourselves against any possible unpleasant moments regarding the purchase. It is important to know: the completeness of the purchase is no small matter! After all, you may have to return the product back to the store (if it is faulty or broken). Therefore, if the kit includes headphones, do not rush to adapt them for some other device. Also, don’t throw them away if you decide to buy other, better ones. A memory card is included - do not insert it into another device. If you don't like the stylus that comes with the device, don't rush to throw it away. Even if you firmly decided to buy another one. Let the stylus you don’t like just sit in the box. Simply put: always keep everything you receive when you purchase a product.
During the warranty period of the device, you must keep: a) all the papers received upon purchase and b) the complete set of the device.
Photo: Oleg Palchik, shiva.net.ua
Most often, the warranty period cell phones, smartphones and communicators is one year. But it could be more. It's very easy to find out. This information indicated in the warranty card. If you wish, even before purchasing, you can check the warranty period with the seller.
The phone is broken
So, the phone was purchased. You have kept all the papers that the seller gave you. In the store, as usual, you did not have time to check all the functions of the device. Or they couldn’t, because... They just haven’t figured them out yet. In the evening you studied the device in more detail. And the phone suddenly discovered some kind of flaw. The camera or radio, vibration alert or something else does not work. More often than not, such a nuisance does not happen immediately. And it happens a month or even six months after the purchase. It doesn't matter when exactly it happened. It is important that it occurred during the warranty period of the device! And you yourself did not contribute to this in any way. Those. did not violate the terms of the warranty agreement. You did not cause mechanical damage, the device was not exposed to high humidity, etc. You can study these warranty conditions in detail in the instructions for the device.
All such unpleasant situations can be summarized by the following phrase: the device has a significant drawback. Don't worry! Nothing bad happened. You, as a consumer, have certain rights! They are assigned to the buyer in a special law “On the Protection of Consumer Rights”.
Of course, to exercise your rights you will need to work a little. But believe me, it's worth it. Unless, of course, the money you paid for the phone is not extra for you. You just need to exercise your legal rights wisely.
What to do?
Let's consider the order of your actions in such a situation.
Among the papers received upon purchase, we will be interested in the sales receipt and warranty card. Today, in addition to the main guarantee, the buyer is often offered to purchase an additional one. It entitles you to one more year (or even two) of additional warranty service. If the main guarantee has already expired, and the additional one is still valid, you still have exactly the same rights. This is important to know and understand!
So, we make two copies of the sales receipt and the warranty card (if there is an additional guarantee, also two copies). Then we draw up a claim (application) addressed to the general or executive director of the company (store). The surname and initials of this person will have to be checked in the store. If such information is missing on the check. In this claim (statement) we describe the current situation. The form of the document is arbitrary. Here is one of possible options writing a complaint like this:
General Director of Ivanov-Center LLC,
Ivanov I.I.
from citizen Petrov P.P.,
residing at:
Moscow, Moskovsky pr-t, 111, apt. eleven,
cont. tel: 8-951-888-88-88
CLAIM
On August 8, 2010 I purchased it from your store Name of product(cell phone, smartphone or communicator) (serial number IMEI: 123456789101112) worth 8,888 rubles. 00 kop. (eight thousand eight hundred eighty-eight rubles), which is confirmed by a sales receipt (a copy of the receipt is attached). During operation of the device, the following drawback was revealed: a disadvantage is described(for example: sound, vibration alert or camera does not work). Device warranty period has not expired to this day, which is confirmed by the warranty card (a copy of the card is attached).
I don't think it was sold to me quality goods, therefore, guided by Art. 4, 18, 19, 22, 23 of the Law of the Russian Federation "On the Protection of Consumer Rights", I demand that the sales contract be terminated and the money paid for the cell phone (smartphone or communicator) returned “Brand, full name of the device” a sum of money in the amount of 8,888 rubles. 00 kop. (eight thousand eight hundred eighty eight rubles) within 10 days.
I warn you that for each day of delay in fulfilling my demands more than 10 days from the date of filing this claim, you are obliged to pay me a voluntary penalty. in the amount of 1% of the cost of the goods.
In case of refusal to satisfy my legal demand, I reserve the right to file a claim in court, where I will ask you to oblige you to satisfy my legal demands, compensate me for the moral damage caused and collect from you a fine to the federal budget in the amount of 50% of the claim for failure to comply with the voluntary procedure for satisfying my requirements.
Applications:
Copy of sales receipt
Copy of warranty card
Signature_____ /Petrov P.P./
This claim must be printed in two copies. It is necessary to prepare two identical sets of documents: a claim, a copy of the sales receipt, a copy of the warranty card. Keep all original documents at home! After all, in case of refusal to satisfy your legal demand, they will be required in court. Although this scenario is not at all beneficial for the store. This is a completely extreme case. Such a development of events does not occur often in practice. Although sometimes this also happens (more often in small stores).
In the text of this claim, you can include a clause regarding your presence when checking the quality of the goods. After all, according to the law, the buyer has the right to personally participate in this procedure (examination). If he so desires. And if the buyer does not agree with the experts’ decision, he has the right to challenge it. True, for this you will have to conduct an independent examination (you will have to pay for it personally). And you will need to prove your case in court. However, if the court rules in favor of the buyer, all his expenses will be paid by the store! This will include: the price of the purchased goods, the cost of an independent examination, and the services of a lawyer. Also, according to the court's decision, the store will most likely have to compensate for some moral damage. Which was caused to the buyer. And all this is in no way in the interests of the store.
If you want to participate in checking the quality of the product, please add the appropriate item to your claim. It might look like this:
If a decision is made to conduct a quality check (examination), please inform me in advance in writing inform me about the place and time of its holding so that I can exercise my right to participate in the inspection or examination of the goods.
Don't be afraid that this point looks so boring. This is fine. That's how it's supposed to be. However, this item is not required. This is your personal right. After all, if necessary, you can always conduct an independent examination. To do this, it is not at all necessary to attend the examination conducted by the store. However, if you have free time and want to see everything with your own eyes, feel free to add this item.
You may wish to exchange the faulty item for the same or similar item. Don't demand a refund. Then the main text (demand) of the claim you submit may look like this:
In accordance with Article 18 of the Law of the Russian Federation “On the Protection of Consumer Rights,” I ask you to replace the name of the product (cell phone, smartphone or communicator) with “Brand, full name of the device” (serial number IMEI: 123456789101112) worth 8,888 rubles. 00 kop. (eight thousand eight hundred eighty-eight rubles) of inadequate quality for the name of a product of the same brand and model or for the name of a product of a different brand (model) with a corresponding recalculation of the purchase price.
If you need more than seven days to replace the goods, then in accordance with Art. 21 of the Law of the Russian Federation “On the Protection of Consumer Rights”, I ask you to provide me within three days, free of charge for the period of repair, with a device (or product name) that has the same basic consumer properties, providing delivery at your own expense.
The structure of the claim itself does not change. After all, in this case you are simply putting forward another requirement.
Don’t be confused by the clause about providing “a device with the same basic consumer properties.” This requirement is absolutely legal! It entitles you to receive a replacement device. For temporary use until the product you need arrives at the store. There is no limit to the time it takes for the required product to arrive. Maximum – one month. If you do not need a replacement device, simply do not indicate this requirement in the claim. Most often, the replacement stock of stores is very limited. Therefore, you should not expect that you will be offered a truly worthy replacement. Most likely it will be some kind of inexpensive phone, with which you can make calls and send SMS.
So, taking all the papers and the device (fully equipped), you go to the store. You hand over both sets of documents to the seller (claim, copies of the sales receipt and warranty card). He must keep one set for himself. On the other, you must put the store’s seal and your signature. And he must do this! Ask him persistently for this. The seller must give you a signed set of documents with the store’s seal. Take these certified documents with you and don’t lose them. The seller may inspect the machine before accepting and signing your papers. Perhaps he will check whether the device has the flaw you claim. But the seller cannot give an official conclusion about the performance of the device! He is not an expert. Most likely, he will simply ask you to provide the device fully equipped. At the same time, he will issue a special paper - an inventory. It will indicate everything that was accepted from you (phone, memory card, headphones, stylus, etc.). The store will then send the device to a specialized service center. Where the expert will write his conclusion. It will indicate whether the device actually has the specified defect. It will also determine whether this is a warranty case. Or the operating conditions of the product were violated. If the expert’s conclusion contradicts the truth, you can easily turn to an independent expert. In this case, it is she who will give the final conclusion.
What to demand "better"?
Know: you decide for yourself what demand to put forward in your claim (application). Of course, if the defect in the product is not your fault. It is up to you to choose what is best for you. Exchange the phone for the same or another (with appropriate recalculation), or receive money. You can insist on a refund of the full amount of money paid for the device. This is your legal right. Although stores are not always willing to accept this scenario. But you can get your money back! Even if you have to go to the store two or three times for this. It is usually easier to exchange a phone for another (or the same) one. Store employees are much more willing to accept such a development.
In addition to the requirements considered (refund of money and replacement of the device), you can present others. For example, demand reimbursement of costs for eliminating product defects or proportionately reduce the price of the device. However, these requirements are made much less frequently. Because they are less interesting to consumers themselves. You can learn more about all the rights in the Law “On the Protection of Consumer Rights” No. 234-FZ. Last changes and additions to it were made on November 23, 2009.
About the timing or how long to wait?
The Law defines clear, specific deadlines for the fulfillment of each requirement. They are stipulated in the relevant articles of the Law “On Protection of Consumer Rights” (Articles 20, 21, 22). Exceeding any of these deadlines is a violation of the law.
This is important to know
The store may offer you to deliver the broken device to the service center yourself. Having said that this is in your own interests. But you are absolutely under no obligation to do this! Therefore, just refuse. State that the law “On Protection of Consumer Rights” does not contain such a requirement. You have already received a claim signed by the seller, certified by the store’s seal. And now time is on your side. After all, all waiting periods are clearly stated in the law. From this moment on, the prompt delivery of the device to the service center is in the interest of the store itself.
A cell phone is a so-called technically complex product (TCT). But only if it is completely intact. It is important! The seller may try to refuse to exchange the device or return your money. I affirm that a cell phone is a TST. But a faulty TST device does not count! Just like a device that has some kind of drawback.
It happens that another unpleasant situation happens. You submitted the device for warranty repair. It was repaired and returned to you. And it broke again. So, you are not obliged to return the device for warranty repairs an infinite number of times. If the same malfunction occurs again, feel free to return the product to the seller. And write a claim for a refund or exchange of goods.
Before carrying out any of the actions discussed, it will be useful to know the following. It doesn’t matter at all what exactly the defect in the device is: some buttons cannot be pressed, the display goes out for no reason, the vibration alert or sound does not work. It is important that you yourself did not violate the rules for operating the device (warranty agreement). The device has no mechanical damage, has not been subjected to a makeshift (unofficial) “flashing”, etc. Those. you did not violate the rules for operating the device. If it’s your own fault, you’ll have to turn to a paid service.
One more thing - if the battery is pumped up (it runs out too quickly), then, alas, you will have to put up with it. Or just buy a new one. This is the real state of affairs. The battery is considered a separate part and has nothing to do with the phone's shortcomings.
Conclusion
If your mobile phone is broken and is under warranty, do not rush to send it in for repair. After all, it will most likely take a long time to wait for it to end. Also, do not rush to return the device for paid repairs or sell it as faulty. You have every right to replace the device with a new one. Or get money. It only takes a little time to do this. To do this, you just need to know your rights and use them wisely. I hope the tips presented in this article will help you with this.
Good luck with your shopping and as little disappointment as possible in the purchased goods!
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In September I bought an Asus Zenfon Selfie phone, after 4 months I returned it under warranty, they said that they would send it to the service center (the interlocutor could not hear well, the camera froze and began to turn off), for a month there was no information, the store answered that it was in sc, there is no lack of information, 03/07/2017, they called me and told me. that the phone was repaired, but the main and additional boards, as well as the module, were replaced, please tell me. Can I refuse an already repaired phone and ask for a refund?
Posted by: Katya
hello, please tell me, in May 2016 I bought a phone, plus insurance for it, on November 9, through my fault, the screen broke and they repaired it for me under insurance, but instead of 60 days they repaired 75 days. On January 25, the repaired phone was returned to me, and on January 28, The sensor buttons stopped working for me. They tell me that I need to take the phone in for repair again since it was an insured event then and now it’s under warranty, how can I get my money back for the device?
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Posted by: Daniel
Hello. A smartphone was purchased at the Svyaznoy store and then returned for warranty repair. After 45 days, I came to the store without notification, they had the smartphone and when checking the serviceability of the defect, it turned out that the defect had not been corrected (although the certificate of completion said that the problem had been fixed), the sellers said that they would send the smartphone again for warranty repair, I refused This is why I refused to pick up the phone. When asked why this happened, the sellers answer “it’s not our organization that does the repairs.” What should my actions be, send it back for repairs within 45 days, offer to replace my phone, demand termination of the sales contract?
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After being in a relationship with my friend for six years, he broke up with me, I did everything possible to get him back but it was all in vain, I wanted him back so much because of the love I have for him, I I begged him everything, I made promises, but he refused. I explained my problem to someone on line and she suggested that I rather contact a spell caster who could help me cast a spell to get him back, but I'm the type who never believed in spells, I had no choice, other than try, I sent a spell caster and he told me that there is no problem that everything will be fine that my ex will come back to me before 3days, he cast a spell and surprisingly on the second day, it was around 4 pm. My ex called me, I was so surprised, I answered the call and all he said was that he was very sorry for everything that happened, that he wanted to get back to him, that he loved me so much. I was so happy and went to him, that's how we started living together happily again. Since then I made a promise that if anyone I know has an attitude problem, I would help such a person by referring him or her to the only real and powerful spell caster Dr, Ojuku, who helped me with my problem. Contact him now your relationship problems or marriage through this letter... [email protected]~~HEAD=pobj.
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Posted by: Artes
Hello, please tell me, if I bought a phone on credit (I’m still paying) and the phone began to glitch and the sensor began to work poorly, in this case I can exchange it for a new one through your claim or just send it in for warranty repair. Thank you.
Posted by: Andrey
Good afternoon. bought the phone 07/06/2014
During the operation of the device, the following drawback was revealed: the camera takes photographs, but not all photos are saved with an image (for example: out of 10 photos, 4 remain with an image, and the remaining 6 are simply a dark screen). I read your claim: “guided by Articles 4, 18, 19, 22, 23 of the Law of the Russian Federation “On the Protection of Consumer Rights,” I demand that the sales contract be terminated and that the amount paid for the cell phone be returned... within 10 days.
I came to the store, they told me we can take your phone for a quality check and if a problem is detected, we will repair it within 45 days. I didn’t give up my phone, tell me what to do correctly. Thank you in advance.
Posted by: Kiril
I bought a phone, it broke down a month later, 45 days later, it was transported back to the repair service after five days, it stopped turning on, do you have to return the money to me or not?
Posted by: Christina
I bought a Samsung S4 mini phone in another city on vacation. After 4 months it just turned off and the screen was broken. I took it in my city for repairs under warranty, they did it quickly, I returned it, I took it with a receipt, a friend brought it, but on the sensor the buttons don’t work, they don’t even light up. What should I do? Should I send it in for repair again? Or can I replace it or get my money back before May while still under warranty?
Posted by: Angelika26
Hello!!! Please help me deal with an issue that is important to me. On August 10th of this year I bought my husband a phone as a gift. sony xperia z1 compact. On September 8 it simply went out, we sent it to an authorized service center in Moscow.
I have a question for you. Tell me, because this phone is waterproof......how do I have the right to check if water penetrates into it after opening it? Better yet, how can I get my new phone or money back for it?
I don’t want to sign a document that I accepted a repaired and proper quality phone without checking it......
Yes, even on hotline Sony, they answered this question like this: - take my word for it... because you have no choice
Thank you in advance!
Posted by: Natalya X
Good afternoon. Today I bought a Sony smartphone from a connected company, plus I bought a memory card for it, protective film on the screen, services for installing and configuring this smartphone, case. All this fits this smartphone. It turned out that the speaker was defective, I want to return the smartphone and everything I purchased for it, return the money. Will they give me my money back for additional accessories FOR THIS phone or not?
Posted by: elis
good evening) I bought a phone Nokia Lumia 625, on December 25th, and then I noticed that my phone’s screen simply locked and would not turn on. Can I exchange my phone at an MTS store?
Posted by: Yulek
hello) a year ago I bought a Sony G phone, in the summer I dropped it from a height of 30 cm and the screen cracked, it hit a pebble on the river bank and in the winter the screen stopped working they said that the module had fallen they decided to change both the module and the display on April 7 I took it in for repairs today I called and they said they did the repair but at When turned on, the controller flew and the currently installed module is also demanding money from me for repairing the controller. It’s ok, no, they did diagnostics when I was running, the problem was in the module, and now it’s also in the controller, I don’t understand, do they think I’m a fool or something.. advise me to go to Rospotrebnadzor or what
Posted by: Sergey_GG
Hello! I encountered the following problem: A month and a half ago I bought a phone from the Euroset store fly iq4410 quad phoenix, after two weeks the camera began to glitch periodically, then the camera icon completely disappeared and not a single application from the play market also does not work. I submitted the phone for repair under warranty, a few days later they contacted me and told me that the board or camera needed to be replaced, since the phone allegedly suffered mechanical damage (accordingly, the repair was not under warranty). During its operation, my phone never fell, it was always in a case, and in general it was treated with the utmost care. Tell me how to act in this situation? Thanks in advance!
Posted by: Tatiana
Hello. Tell me what to do. On February 28, 2014, a Nokia 925 mobile phone was purchased on credit. During operation, shortcomings were discovered, namely the battery gets very hot, the phone reboots without saving data (deleting games and applications), the battery does not last for 12 hours, there are no letters on the keyboard. The period of 14 days after purchase has passed (I came in advance and asked to exchange the product, there was a refusal, I did not document this fact) Can I return the product or exchange it for a product of a different model???
Posted by: Inna
good afternoon! Here’s a question: on March 4, I bought a Samsung Galaxy 4 mini smartphone, the store employee installed new SIM card,everything worked. I came home, pulled out a new SIM card and installed my own. The phone says that there is no SIM card, a day later on March 6 I went to the store to change the phone, the employee tried to install three SIM cards different operators the phone didn't see them. They refused to change me, they said that touch phones They change it only after a 45-day examination according to some new resolution, and they took it away from me. Is this legal??? I can return any product within 14 days. Tell me what to do
Posted by: Amat
Hello, on December 16, 2013 I bought a DND s5301Q smartphone from the DNS store, after 10 days I noticed that the phone itself rebooted and froze, turned off and did not charge sometimes, I gave it to the service center, they returned it after 4 days and they said that everything was fine, and within these 4 days 14 days passed during which it was possible to return the phone. I went home for NG and upon arrival immediately took it to the SC, they sent the body to Novosibirsk and said it would stay there for about a month. A month later they called and told me to pick it up, I picked it up. We fixed the problem with freezing, but the phone still turns off spontaneously and maybe several times in a row.
I hope if I submit a claim for termination of the contract, they will say that these golden 14 days have passed ((please tell me if I can give the phone back for a replacement??
Posted by: Olya
Hello! During the warranty period, my phone began to malfunction; the sensor did not work, and after some time it started working again; it was stuck in standby mode.. I returned it under warranty twice.. the first time it was simply updated to factory settings, and the second time they said that the phone was working... Tell me what to do? Should I take the phone for examination or I don’t have to do it... because they will again say that the phone is working
Posted by: Svetlana
Good afternoon
The situation is this - last year I was given a phone HTC Desire SV - about a month before the end of the warranty period, the phone is discharged and refuses to turn on.
I try to charge it - it won’t charge (in general, they took it to the service center - they looked at it - and returned it with a comment - there is a crack on the camera - a violation of the operating rules. And tell me, how does the camera affect the operation of the phone? Tell me what to do???
Posted by: Julia
Today, for no apparent reason, the sensor on the Nokia S3-01 stopped responding to touch and not a single button works, I wanted to restart the phone, but I couldn’t, I had to remove the battery... but when I turned on the phone, nothing changed... the sensor I didn’t want to work hard. Because The phone is still under warranty, I went to the store... My salespeople immediately wanted to take it for repairs, but I refused. She asked me to send it for examination. They accepted the phone for examination and said that an answer should come within 21 days... if it was a factory failure (i.e. the sensor was damaged), then they promised to return the money or replace it with an equivalent phone (but I’m afraid that the money will not be returned, and sellers will insist on warranty repairs.... but I don’t want to use a repaired phone!), and if this is a software failure, then software They will restore and return the phone to me. What should I do next? I've just never encountered anything like this...
Posted by: Marina
Thank you so much for the article! If you read carefully and follow all the steps consistently, everything will work out! The review by lawyer-consul Andrey, above, talks about significant shortcomings, so Andrey, read the preamble more carefully - it also says that repeated repairs of the same unit is a significant shortcoming. For example, the article helped me get my money back, for which many thanks to the author! I wish everyone to take advantage of this advice - the more often you defend your rights, the fewer low-quality goods there will be in stores!
Posted by: Ekaterina
On October 30, 2013, I purchased a KENEKSI ALFA brand cell phone at the MTS office. at the salon they immediately inserted a SIM card into me and put on a special case. In the evening of the same day, at home I found more than 80 photos and videos of a family I know. I decided to call and find out where their photos were on this phone from. It turned out that they bought this I got my daughter’s phone back in the summer, but they returned it 3 days after purchase because the sound didn’t work. The next day I came to the MTS salon and asked for a replacement for a new phone. They refused me without explaining anything. What should I do?
Posted by: Marina
Thank you for the article! Just please let me know, I can write this complaint to the seller if: the phone was purchased in April 2013, it was sent in for repair once (the reason it turned off during a software update), yesterday it just turned off and won’t turn on anymore, even when connected to charging there is no red flashing. Tell me my rights? I'm afraid this situation may happen again. I have it under a 1 year guarantee and on credit. Sony mt 27i Sola
Posted by: Denis
I bought it a week ago samsung phone galaxy pocket neo (phone 990 rubles and a mandatory package for 2000 rubles, total purchase price 2990 rubles). 1 year warranty. The smartphone was working fine, but suddenly I noticed a technical problem. The screen has turned white, there is no way to see anything, but nevertheless the device responds to touches on the sensor. On the Internet they say that the problem is in the firmware. With this shortcoming, can I request a reason for a refund or replacement of the device? A device with a defect is not a TST, as you said, can it be replaced on site, and where is this stated?
Posted by: Elena
Hello! I purchased a Samsung GT - I 18160 Galaxy 16.06 phone, after a few days the phone began to cause some inconvenience (it froze when I pressed the “end call” button, a green bar appeared at the top and for my part it was impossible to end the conversation.) Then I turned on the sound at full volume , or turned it off completely. I didn’t pass it right away, because... There were circumstances, I didn’t have time to submit. Now the phone started to heat up. and eventually “burned out”. It is impossible to “revive” him. I want to return the money for this phone, but the fact is that it has mechanical damage, I dropped it. They will definitely find fault with this. But I’m sure that the phone’s breakdown is not my fault; even before the impact, it was not working stable. What should I do in this situation? I look forward to your reply!
Posted by: Alexander
Hello. I bought a phone. After 6 months it broke. I gave it back under warranty. But in the end it turned out that I lost the receipt. They won’t give me the phone or the money, what should I do? Please tell me))
Posted by: Andrey
Hello, I have been a lawyer-consul for more than 10 years, I can assure you that your article is erroneous.
A significant drawback is a drawback that cannot be eliminated under conditions service center, so don’t fool people, but rather advise people to contact normal lawyers. And please delete this article, as it violates the law in accordance with Article 7.31 of the Administrative Code. Otherwise, wait for a subpoena.
Posted by: Svetlana
can they refuse me Money oh, what if there is no significant flaw in the phone??
Posted by: no_name03
Hello, I would like to know if the phone was purchased on credit, but the loan has not yet been paid off, can I return the money or exchange it for a more expensive one with an additional payment?
Posted by: MULTILINE
Telephones and other microelectronics are technically complex products, so the seller has the right to send them for diagnostics, which, according to the Federal Law “On the Protection of Consumer Rights,” can last 14 days. I don’t know about Moscow, but on the periphery even large networks (Euroset, M-video, etc.) do not have their own service centers on site, and if they do, they do not employ the best specialists. And the most common practice of working in such “SCs” is to throw your gadget into a bucket of water. Dry it and return it to you with a verdict: the device was drowned by you, this is not a warranty case. After such a “diagnosis”, even the vaunted Rospotrebnadzor will not help.
Posted by: Anet19
On March 8, I purchased a Samsung Gelaxy SIII phone, everything would be fine, but only during the conversation the interlocutor suddenly stops hearing me, although I can hear everyone perfectly, I went to the store on the 7th day after the purchase, they sent me to the Samsung service center, left the phone there , after 2 weeks they called from the service center and said to pick up the phone, they reflashed the phone, but this did not lead to any result, the sound disappeared. I wrote a complaint to the seller for a refund or replacement of the product, after which I was told that this phone belongs to TST. After which they took my phone for examination for 45 days. Please tell me whether I can demand a replacement of the phone or a refund if the examination shows that the phone was faulty through no fault of mine and how to do this?
Posted by: Christina
The phone is 1.5 months old. He began to switch off on his own. The warranty card was not stamped upon purchase. There is an additional guarantee. Tell me, is it possible to exchange the phone or get money?
Posted by: Dmitry
Hello! I bought a highscreen smartphone in March of this year, in May it broke: it turned off spontaneously and will not turn on again. The store said information about the service center on the official highscreen website. The smartphone must be sent by mail to Moscow. I live in the Khabarovsk Territory. It takes a very long time to wait for a response from the service, and it is not known whether the phone will reach the service via our mail. Please advise whether it is possible to return the money or exchange the smartphone without contacting the service center.
Posted by: Daria
I bought a phone on credit for a Samsung Galaxy Grand Duas on March 21, 2013, on the 14th day, that is, on April 3, I came to the store where I purchased the product because the return button to the menu began to stick and the battery only held a charge for a day, which is not normal for this type of product , they sent me to the Samsung service center in Abakan, took the product for diagnostics, after 5 days they said that the breakdown was confirmed (they described it as a clogged button, and the battery was subsequently replaced due to a manufacturing defect), after 10 days they returned the phone as if it had been repaired, I went to Krasnoyarsk, I use the button, it makes uncharacteristic sounds, the bezel of the phone at the bottom comes off, if you look closely you can see scratches on it, which indicates that the phone has been opened, some kind of speck of dust has appeared in the lower right corner of the display, under the touch panel, tell me what What should I do in this situation? I want to change the phone to the same model of good quality.
Posted by: Katya
Hello. I bought an LG phone a week ago, a week later the speaker broke, I went to the store and they told me to take it to the service center and they would give me a report about a manufacturing defect. doesn’t give conclusions, but simply fixes it and that’s it. What to do, since the phone is already in the service center, what to do in this situation?
Posted by: Lisa
Good afternoon I have this situation: I bought a Huawei U9500 Ascend D1 smartphone, the touch does not work when charging and connecting to the computer.
Purchased on January 23, 2013. in the shop.
The store gives the answer:
The device cannot be returned or exchanged.
14 days have passed since the date of purchase.
Contact the service center and they will carry out repair work.
If they are not resolved within 45 days, or there is no way to eliminate this disadvantage- then the smartphone will be replaced.
I ask them: what does 14 days have to do with it? The device is under warranty for 12 months, only 2.5 months have passed!!! Who will pay for diagnostics and repairs in the service?
Answer:
Within 14 days from the date of purchase, if a defect is detected in the device and confirmed by the service center, the device can be exchanged for a similar one without the defect, or the sales contract can be terminated.
In your case, 14 days have passed. Now only repairs AT the expense of the service center, and a refund or exchange - only under the above conditions - "If they do not manage it within 45 days, or there is no way to eliminate this defect" Contact the Service Center! And resolve issues with them, not here! All documents are processed through the SC and only their opinion is valid!
Please tell me what should I do in this situation???
Posted by: Igor
My wife bought a Samsung phone from Megafon. On day 9 it stopped working. The dealership refused to replace it and sent it to the guarantor. workshop. A few days later, the workshop said that we repaired it ourselves (why?? - guarantee!!) and refused to provide free repairs. We contacted consumer rights protection and carried out an independent examination of 3.5 thousand (traces of poor-quality repairs were identified). The city court won, and the Regional Court overturned the decision. We were left with nothing. We don’t know what to do or where to turn. I want justice, I don’t care about the money spent.
Posted by: Anton
The article forgot to mention one very small but significant detail. They correctly said that after two weeks the goods can be returned only if there is a significant flaw. But what kind of shortcoming this is can be read in the same law, in its preamble:
A significant defect of a product (work, service) is an irremovable defect or defect that cannot be eliminated without disproportionate costs or time, or is detected repeatedly, or appears again after its elimination, or other similar defects;
From here we draw a simple conclusion that if, for example, a month after buying a phone, the speaker breaks down, then you first take it to the service center, but if the defect is repeated or the repair takes a very long time or is basically impossible to do, then it ends up under the concept of “significant defect” and then you can demand exactly the same new one or a refund, etc.
Posted by: Rufina
01/19/2013 I purchased a GSM SONY Xperia P cell phone in the store, model number 65046 and a phone case, which is confirmed by the presence of a receipt and a warranty card. The warranty period is 36 months.
When buying a phone, an inexperienced seller, Yashkova E.V. didn't really explain anything, asking her to show us the functions this phone she went behind the counter as if the phone was dead. Without attaching any importance to this, we looked at the phone from her hands, since they did not let it into our hands; we bought this phone. When we arrived home, we found out that there was a micro-SIM card, and the seller didn’t even warn us about it. Based on this, we can conclude that your store employs inexperienced sellers and sells low-quality goods.
During operation, it turned out that the micro-SIM card does not snap into place in the phone. When concluding a purchase and sale agreement, I intended to purchase a quality product that complies with GOST, without any defects, and the seller guaranteed the quality. 02/10/2013 I contacted the store and reported that I had bought a low-quality product, and asked that they exchange this phone for me or return its cost in the amount of 15,990 rubles.
The phone was accepted by the seller to check the quality, in exchange for the time of using my purchase I was not provided with the same phone and to this day I have not been provided with such a service.
In accordance with Article 18 of the Law of the Russian Federation "On the Protection of Consumer Rights", a consumer to whom a product of inadequate quality was sold, if it was not agreed upon by the seller, has the right to refuse to execute the sales contract and demand the return of the amount of money paid for the product, as well as compensation all damages caused.
In accordance with Art. 22 of the Law of the Russian Federation “On the Protection of Consumer Rights” the deadline for satisfying certain consumer demands, including refunds, is 10 days from the date of receipt of the request. For delay Art. 23 of the Law of the Russian Federation “On the Protection of Consumer Rights” provides for a penalty in the amount of 1% of the price of the goods for each day of delay in satisfying the claim, and the amount of the penalty is not limited.
Posted by: Jasur
Hello!! I have such a case, I bought it Tablet PC Texet half a year ago, the USB connector stopped working. there is a guarantee, all documents are saved and the equipment is complete, everything is there. but there is a minus during the use of the device, it broke on charger a bayonet that is inserted into the tablet!! Please tell me, can I still go under the warranty and return the tablet and exchange it for another tablet of a different brand with an additional payment???? I'm waiting for your answer, thank you in advance))
Posted by: Zakharova
My phone is already half a year old. Even in the first days of purchase, it turned itself off and the backlight often went out when I was surfing the Internet or reading books. And now in general new problem. I charge the phone completely, but overnight it completely discharges itself and doesn’t even turn on. I thought it was the batteries, I bought a new one, but the problem did not go away. The fact is that the check and guarantee card are in another city, with the parents. Can I scan and attach them to my claim? I don’t like the phone anymore, will I get my money back?
Posted by: Artyom
Can the salon cellular communications take my phone? Or at least to get it fixed. Otherwise, these two dots on the screen (factory defect) alarm me, they have become even larger, and the phone loses the ability to charge, the charger makes a terrible noise and the whole phone creaks terribly. Sony Xperia U
Posted by: Katya
I bought a phone from MTS, not even 14 days had elapsed from the purchase before it simply froze and did not turn on, and before that its charge lasted a day (it is touch-sensitive), but at the same time it was practically not used (bought for a child) it was just lying around. They took it for repairs, More than 21 days have passed, and they promised within this period. We called them, they said come and pick it up, there is no defect, it turned on. WHY no, because it didn’t work. Do I have the right to a replacement?
Posted by: Sergey
I bought my wife an expensive phone ( HTC One S) in a store near Bridge City, it turned out to be gray and broke after 3 months. They brought it to the store, they said that the warranty was for a month, not six (as they said at first), but after-sales service (i.e., repairs for 6 months are free, but you will have to pay for materials and spare parts). We had to agree and leave the bodies to them for repairs. a week later, I visited there, they told me - it looks like a power controller, we are looking... the phone is new, there are no spare parts... two weeks later, the same... three weeks later, I found such a controller on the Internet and asked - to buy and bring it to you, they said that suddenly it’s not him!!! In short, they’ve had the body for a month now, I wanted to pick it up, but they collected it and put on a lid that sticks out a lot from the body. In short, the bodies were completely destroyed. On hand are only a handwritten invoice and paper stating that they took it for service. They have, as I understand it, a lot of such bodies. In my presence, a man took non-working bodies and demanded the name of their enterprise or owner, to which they were completely frozen... In short, the office is fake, although there are always a lot of people there and business is thriving.
Do you think it is possible to do something and compensate for your damage?
Posted by: Coquette
If your equipment breaks down, contact Ivis, unless of course you value your nerves and money! Because they will fix everything for you quickly, efficiently and not expensively! Tested!
Posted by: Vladimir
Hello! On January 1, 2012, I bought a Nokia C3−01 cell phone from Euroset, serial number (IMEI) ***, at a price of 9,990 rubles. The documents (cash receipt, warranty card) for the phone were not saved, only the packaging (box) remained. When I bought a cell phone, two of my friends were present with me and they can confirm the fact of purchase.
After 6 months of careful use of the cell phone, the following shortcomings began to appear in it: it began to periodically reboot on its own, touch screen began to work inaccurately (pressure in one place of the screen - response in another place), and on January 18, 2013, that is, after the expiration of the warranty period (12 months), the touch screen suddenly stopped working altogether. Due to these disadvantages, it is practically impossible to use a cell phone for its intended purpose.
Based on customer reviews found on the Internet, it turned out that similar problem occurs in almost all cell phone owners Nokia phones C3−01, for almost everyone, after 1–12 months of using the phone, the touch screen stops working for no reason. Repair does not help, the problem repeats again and again, which indicates a manufacturing defect in this cell phone model.
What am I entitled to in this case? What are my next steps? Should I file a claim or immediately conduct an examination?
Posted by: Alexander
In April 2012 I bought a cell phone (touch) in August 2012 the phone broke down - I sent it in for warranty repair, it was repaired but not in 45 days but in 50. And today, 01/20/2013, the phone broke down again, but the cause of the breakdown is of a different nature and does not affect the initial repair. I I would like to return the phone back to the store and collect the money, but as they told me ---- if I had contacted the phone with a breakdown in December 2012, they would have returned the money to me, but since 2013 has already arrived, the phone needs to be sent in for warranty repairs and the fact that it was already under repair in 2012 for more than 45 days does not count. And now in 2013, before the end of the warranty, if the repair exceeds 45 days, only then will they be able to return the money. Tell me if this is really the case ---
Posted by: Alexander31
Hello! I have this problem, I bought a Nokia 603 smartphone on December 20, 2012, it worked well, there were no complaints, but yesterday January 16, 2013 it turned off by itself. Later it began to reboot spontaneously at intervals of 10 seconds. I lost the sales receipt, the warranty card was not filled out for some reason. But in the store where they sold it to me, cameras are installed, will this help me? Tell me what to do!
Posted by: Lina
I also want to write a few words about the IVIS service. My tablet was broken. It wouldn’t turn on at all. I don’t know what happened to it. In the end, I contacted the IVIS service, they quoted a price, I was happy with everything. They fixed it in a few days, and also got me home for free delivered. Very pleased. In general, there have never been any problems with the equipment.. Now everything works well. I recommend the IVIS service to everyone. By the way, they offer discounts)
Posted by: Maxim
Bought Nokia phone Lumiya 720, after a month it just turned off, I thought it was discharged, I charged it all night but nothing helped, it just doesn’t turn on, it vibrates, the screen lights up and that’s it! I came to the salon, demanded money or exchange of goods, to which they told me that they would have done this if 2 weeks had passed from the date of purchase, but only free repair(30 days), I argued for a long time, but they stood their ground! Did they legally refuse to give me a refund or exchange for a new phone (the same one), and if it breaks again, can I get my money back? Thank you!)
Posted by: Julia
In April last year I bought an NTS Radar, yesterday it broke down. It turned off and didn't turn on again. I thought the battery was dead - I put it on charge, but it doesn’t even charge (((I didn’t drop it, didn’t heat it, didn’t freeze it - in general, there were no violations of use on my part. I sent it in for warranty repair. If it comes again will disconnect, can I demand a refund for the phone?
Posted by: Nikolay
I bought a sony xperia go from Svyaznoy, worked for one evening and broke down ( White screen), gave it back, they said wait 20 days, we will do an examination. New Year without a phone.
Posted by: Marina
“Do not drop the phone and avoid force on it” - this is what is said in the rules of use mobile phone. What should you do if the phone does fall (and very lightly), a crack forms inside, under the glass, and it stops working?
Each of us has dropped our phone at some point, but there were no problems...
The phone is touchscreen, was bought just a month ago.
Is there really no article that will help me get my money back???
05/29/2016 I bought a Lumia 950 smartphone at the Svyaznoy store, after 3 months the battery of this device It began to run out very quickly, a few days after discovering this problem, an update was released for my device, I updated the software and the battery began to work normally. But another month passed and the battery again began to lose charge very quickly, and a little later I discovered that it was not charging as it should. That is, when I connect the charger to the phone, the first few minutes charging in progress ok, but then the battery indicator shows 100% full charge. However, after turning off the charger, the indicator shows the same charge level as it was before recharging the phone.
I took the charger with me to work for about two weeks in order to stay in touch at least with the charger always connected, but after a few days the smartphone began to turn off spontaneously and turn on again, without me pressing the on/off button. After all these defects appeared, the smartphone accidentally fell from a bedside table about 50 cm high onto the laminate; as a result of the fall, the glass of the screen burst, but the sensor works and the crack in the glass does not affect the image.
I have no complaints about the broken glass and the screen; the question is whether a violation of operating conditions was the reason for this behavior of the battery and the fact that the smartphone turns off spontaneously or is it a factory defect. I addressed this question to the Svyaznoy salon, where I made the purchase. To which I was told that they would not accept the phone under warranty, since the screen was broken and the phone would be removed from warranty, but I could contact the Authorized Service Center myself to carry out paid repairs, but the screen was not broken, there was a crack on the glass of the screen which the functionality of the work is not affected and the image is clearly visible.
After this, I consulted with the Consumer Protection Department, which explained to me that the seller is not a specialist and cannot give opinions about those. device condition. They must accept it, send it to the ASC, where a specialist must check the device and give a conclusion on whether a violation of operating conditions was the cause incorrect operation equipment.
On 02/16/2017, I returned to the Svyaznoy salon and, citing the OZPP, explained the situation to the manager, after which my smartphone was very reluctantly accepted, having for some reason filled out a “buyer’s application for repairs.” On 02/22/2017 I checked the repair status on the Svyaznoy website, where I received the answer: The diagnostics of your device have been completed, the device is out of warranty.
On this moment The device was received from an Authorized Service Center. In the near future, the device will be sent to the store where it was submitted for repair. Thank you for contacting Svyaznoy. Please tell me what should I do in this situation? What actions should you take? After all, if the smartphone does not work correctly due to a manufacturing defect, they must replace the device with an equivalent one or return my money, even if the screen is broken due to my fault, do I understand correctly? Is an independent examination necessary?
Maksim
where did you buy it? If you try it in a store, then within 30 days you can change it with the wording “I didn’t like it”
which telephone?The condition of the device and the reasons for the return depend on the seller - but this is unlikely.
Any interference will be visible to the warranty specialist. Therefore, you need to change it from them, and leave a guarantee or not at their discretion.
No, broken screen not a warranty case! Repair 100+ hp! I sympathize, my c2 died the same death not so long ago (
Download android task killer.
I use Hero, closing unnecessary background programs significantly extends the life of Akuma.
No, this is mechanical damage and cannot be repaired under warranty.
If a manufacturing defect is found in the phone after examination, then yes
Andrik, don’t write bullshit! I myself worked and must remember that replacement is considered “automatically” after 3 repairs performed with the same recurring defect.
Next on the list...
The buyer has the right to write to the seller Prasijuma pieteikums, which sets out the problem and the desired actions (request for replacement, refund, repair) and the seller is obliged to give a written response within 10 working days, but only on the basis of the conclusion of the service center. If the manufacturer believes that the defect is insignificant and can be easily eliminated and/or arose as a result of violation of the product operating rules, he has every right to refuse a replacement or refund.
If the product was purchased remotely (online store, catalog by mail, etc.) - within 14 days the product can be returned to the seller WITHOUT EXPLANATION OF REASONS, but only if the product retains its original original appearance and packaging.
In all other cases, everything depends on the manufacturer’s policy and is not regulated by the legislation of the Republic of Latvia “On the Protection of Consumer Rights”.
So you have every right to ask, but if your pipe is “laid” as a result of your actions, alas, no one will change anything for you. At best, it will be repaired under warranty.
Amendment: Indeed, within six months you can demand a replacement and a refund, but only if the defect is recognized as a manufacturing defect.
if a manufacturing defect is discovered during the examination