In some cases, you can take the phone for warranty repairs
According to the law "On Protection of Consumer Rights" you oweLaw on Consumer Protection" to take the goods, which have defects and free to eliminate them.
Responsible for the quality of the goodsP. 2, p. 3 tbsp. 18 of the Law "On Protection of Consumer Rights" and the seller and the manufacturer. Therefore, if your phone is under warranty, you can contact and the shop where the goods sold, and the organization that represents the producers.
Defects due to which you can put in repair, can be different: a crack on the screen, no sound, non-working touch screen and so on.
Phone repair under warranty, if they can not prove that there was a lack of fault of your ownArt. 18 of the Law "On Protection of Consumer Rights" or due to improper transportation or storage. Why there was a defect, find out when checking the goods. This process includes an examination.
When the warranty period begins
The warranty period beginsArt. 19 of the Law "On Protection of Consumer Rights"
since the purchases. If it is difficult to install, the warranty is valid from the date of manufacture of the goods.Upon delivery by mail or courier it starts with the receipt of goods. If, after delivery, you can not use the goods - do not have enough spare parts, special installation is required or setting, the device does not work - the warranty period starts from the moment the seller has it all correct.
How are warranted
Most often, the warranty period prescribedArt. 10 of the Law "On Protection of Consumer Rights" purchase and sale agreement. Usually for mobile phones is six months or a year. When no agreement on this point, it is consideredArt. 19 of the Law "On Protection of Consumer Rights"That the guarantee is valid for two years.
Distributed byArt. 19 of the Law "On Protection of Consumer Rights" She and individual parts for the phone. The contract is prescribed term of its action. But if it is smaller than the guarantee for the basic product, it is considered that the repair parts can be put in the same period as the main product.
When the phone will not be repaired under warranty
The seller or manufacturer must conduct phone verification for your account. it will refuseArt. 1098 of the Civil Code repair under warranty, if you find that you:
- misused gadget (e.g., they were sacrificed nails);
- carelessly treated him (dropped and broke the glass);
- improperly stored (in a bathroom at a high humidity);
- if the phone was broken because of force majeure (in a fire or flood);
- themselves trying to have it repaired or changed something (did "re-programming").
If the test has determined that the phone broke after all your fault, you will have to payArt. 18 of the Law "On Protection of Consumer Rights" for the services of experts and contact the service center for the repair fee.
Where to hand over the phone for repair under warranty
Ask for free repair can be the store where you bought the device. The seller will be obliged to accept and to repair the phone under warranty.
You can contact and an organization that specializes in the repair machinery.
Authorized service center - the one that cooperates with the phone manufacturer. Here you can get a free warranty repair at the expense of the manufacturer. Used spare parts of this particular brand phones.
Service center just it specializes in the repair and may not work with a specific manufacturer, and do not use the factory parts. It should be clarified whether this repair center phone under warranty.
How to take your phone in for repair under warranty
What you'll need
- Check, receipt or agreement purchase and sale - a document that confirms the purchase.
- Warranty Card.
- The passport.
- A claim for the transfer of phone for repair.
What do we have to do
Make a claim for the elimination of deficiencies in duplicate. Come to the store or service center. One application to transfer the employee organization, it should put a seal, signature and the date when the document was adopted at the second instance.
After that - to pass the gadget. In the shop or service center should be checked to find flaws. If it is done immediately, just make up your phone and transfer act of repair. This document will contain:
- time of transmission;
- phone model, serial number, and so on;
- who passed;
- who accepted;
- Description damage;
- repair time.
Search for defects can a few days. In this case, store or service center assigns the examination. You have the right to attendOrder of MAP RF "On some issues related to the application of the Law" On Protection of Consumer Rights " during its holding. It is done at the expense of the company, which will carry out repairs. Typically, the duration of the examination is 10 days.
You are free to apply to other organizations for examination, and then give all the documents to the seller. However, he must compensateOrder of MAP RF "On some issues related to the application of the Law" On Protection of Consumer Rights " you costs.
In what time frame should be repaired phone
Usually prescribed in the contract terms of repair. He can not holdArt. 20 of the Law "On Protection of Consumer Rights" more than 45 days. But if there is no specific time frame, the phone must be repaired as soon as possible. Considering how long it typically takes the procedure.
If the dealer or service center staff did not get to do all the time, it is a new agreement in which the terms of repair are determined again. And the excuse that when there is the necessary parts are not considered.
When the service center or store tear repair time, you may request a forfeit. For each day you have to pay 1% of the value of the goods.
Once you give up the phone, the warranty period is extended for the time until the gadget had to be repaired. To do this, you need to ask for a document that spelled out when the device is brought in for repair and when you returned.
If in 45 days the phone was never repaired, and the one who is engaged in repair, not warned extension of time and did not offer to conclude a new agreement, write a statement demanding the return of money. If after 46 days you will give a gadget, you can decide whether to pick up the phone or money (provided that you have not taken the money). Or select other items by the same amount.
We should provide a replacement at the time of repair
If replacement is necessary, specify it in the act, in which the phone taken in for repair. provide replacementArt. 20 of the Law "On Protection of Consumer Rights" in three days. The phone must have the same characteristics as the device that you put into repair.
If you rent a touch gadget, you can not issue a button, which only make calls and send SMS. And the replacement of the latest model of the smartphone you do not have the right to give an old gadget with less functionality and worst characteristics.
Properties and gadget specifications prescribed in the technical documentationArt. 10 of the Law "On Protection of Consumer Rights". It is worth to point to the one who is engaged in repair. If he refuses to comply with your requirements, you can write a complaint to the Federal Service and to go to court.
If a replacement is not issued in time, you can claim a penaltyArt. 23 of the Law "On Protection of Consumer Rights" - 1% of the price of the goods for each day of delay.
What to do, if not satisfied with the quality of warranty repairs
When you get your phone repaired, inspect it carefully - there are no new injuries, scratches, chips. Turn on and turn off the gadget, check whether all the functions are working. Remove the video or take a picture. After acceptance ask for a document stating that the phone was in repair.
If you find any defect or gadget began to work worse than before, please indicate this in the act of acceptance - and in your instance, and in the instance of the organization that made the repairs. Ask to address these shortcomings free. If you refuse to write a claim.
If there is no response to the claim can be gathered documents to go to court or to write a complaint to the Federal Service.
Answer will be the one who is engaged in repairDetermination of the Supreme Court №№ 18 KG18-154 on 09/11/18Even if you pass the phone to the repair shop, and he sent it to a service center or a repair shop.
What if the phone constantly needs repair
If you are tired of constantly take the phone for repair under warranty, you can return the gadget seller. But only under the following conditionsArt. 18 of the Law "On Protection of Consumer Rights":
- the repair found a significant disadvantage - one that can not be repaired or requires too much to repair costs;
- during the warranty period, the phone was under repair for more than 30 days.
In these cases, you can return and demandArt. 18 of the Law "On Protection of Consumer Rights" substitution, choose a new of the same brand or another in this price category. Or return the money to buy a gadget in the other place.
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