Repair of goods under warranty. I bought a phone and handed it in for repairs three times

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Can I get a refund for the phone? Repaired two times already

Can I terminate the purchase / sale agreement?

I bought a phone in the summer Nokia Lumia 800. Cost 17000 rubles

Broke down in the fall, for an extraordinary reason. I took it to the Service Center (SC). They said that this is the first time they have heard such a problem. The phone was in need of complex repairs, for which it was even sent to a special factory. Repaired 21 days later.

After 2 weeks from the repair, he again broke down for the same problem as the first time!

I took it to the SC, again the same thing broke, they took it to the factory. Repaired after 11 days!

Now it works again, but once again it freezes again as in the first times, but this time I did not turn it off, but waited for the charging to go down.

Freezes while listening to music on headphones and surfing the internet! That this cannot be. Now I can't listen to music and surf the Internet at the same time. I'm just afraid already. Can I count on? There are 2 receipts for repairs. If so, what should I present at the store? I really ask for help

Lawyers' answers

The best answer

Anonymous(03.12.2012 at 00:42:22)

Hello!

Based on the law "On" Art. 18, you are entitled to. In your case, you have at least 2 reasons to return a technically complex product:

1. Detection of a significant defect in the product (a significant defect is an unrecoverable defect or defect that cannot be eliminated without disproportionate costs or expenditures of time, or is revealed repeatedly, or manifests itself again after its elimination).

2. Impossibility to use the product during each year of the warranty period in the aggregate FOR MORE THAN 30 DAYS due to the repeated elimination of its various defects.

Write a written cancellation claim to the seller. give you a written answer within ten days. Good luck!

Berezutsky Vladimir Nikolaevich(01.12.2012 at 19:25:45)

Hello. In accordance with Article 18 "On Protection of Consumer Rights" dated 02/07/1992 N 2300-1 in respect of a technically complex product, the consumer, in the event of deficiencies in it, has the right to refuse to execute the sales contract and demand the return of the amount paid for such a product or present the requirement to replace it with a product of the same brand (model, article) or for the same product of another brand (model, article) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer of such goods to the consumer. After this period, the specified requirements are subject to satisfaction in one of the following cases:
detection of a significant shortage of goods;
violation of the terms established by this Law for the elimination of defects in the goods;
the inability to use the goods during each year of the warranty period in the aggregate of more than thirty days due to the repeated elimination of its various shortcomings.
According to the preamble to this Law, a significant defect in a product is an irreparable defect or defect that cannot be eliminated without disproportionate costs or time, or is revealed repeatedly, or manifests itself again after its elimination, or other similar defects.
Based on the above and the content of your question, you have the right to present to the seller a claim for the return of the money you paid.

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Zhvakina Veronika Alekseevna(01.12.2012 at 20:55:14)

Hello, you need to write a complaint to the seller with a request for termination due to the fact that the phone has defects that appear again after its elimination. In general, for a technically complex product, which is a telephone, two repairs during the warranty period are the basis for its return. You can ask for and payment of a cash amount, or for a replacement with a corresponding surcharge. The term for consideration of this claim is 10 days. Mail it by registered mail with a receipt acknowledgment or hand it over against signature on the second copy. Then you can go to court, including with a request for Fr. Contact us - we will make a claim. By the way cost legal services the defendant can also be recovered.

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According to the Law "On Protection of Consumer Rights", return cellular telephone to the store later than two weeks from the date of purchase is possible only if it has some technical faults. Can it be repaired at the store's expense or exchanged for another?

What rights does a consumer have?

According to the law "On the protection of consumer rights" you have the following privileges:

• You can go back to the store if it did not fit according to some criteria: the gadget turned out to be the wrong size, color, it has an uncomfortable shape, or the seller told about components that were not in the box. The phone does not have the permission that the seller promised you.
• You can legally return working phone back to the store within two weeks, excluding the day of purchase.
• You can exchange the phone for the same one. If the same phone is not available on the day of contact, then you can agree with the seller and wait for such a model to appear in the store, or terminate the contract and return the spent amount back.

Information

Refunds are usually processed within 3 days.

What rights does the consumer have if the purchased phone has become unusable?

Since a cell phone belongs to the category of complex technical goods, it is covered by a warranty period of one to two years. If the phone breaks down during the period stipulated in the warranty, then you have the right to:

• Contact the store with a claim and demand to fix the broken phone.
• Request to exchange a broken phone for a new one (similar or different).

You can demand repair of a broken phone without a warranty card. An important condition at the same time, the phone must be in the same configuration as on the day of purchase.

What to do if the phone breaks down almost immediately after purchase

If in the store you did not turn on the phone and did not check its functionality, and at home immediately or in the first two weeks found obvious flaws, then you can:

• Request a return, exchange or repair of your phone.
• Request a warranty service from the store, which for mobile phones is from 12 to 24 months.
• Request warranty service from the manufacturer.

What to do if your phone is broken under warranty

• Find the receipt and all documents for the broken phone. It is also important to find the box in which it was packed.

If you have lost your receipt, you can provide a printed history as proof of your phone purchase. bank card, which you paid for the phone or invite a person who was present at the time of your purchase and therefore can act as a witness.

• In the store, provide your phone number, a receipt from it, packaging and documents to the seller. Ask for a claim form.

In order to have time to correctly draw up a claim, it is better to familiarize yourself with your rights on legally sites or by contacting the help of a professional lawyer. Correctly formulated claim - 50% success in returning a broken phone.

• After filing a claim, the seller must take your phone for examination at the expense of the store, with the help of which the cause of the breakdown will be established.

If the established reason indicates that the cause of the breakdown is your inaccuracy, then the money for the examination will be taken from you.

• If the examination shows that the reason for the breakdown of the phone was a manufacturing defect, then your phone will be handed over to the repair service. This is done at the expense of the store.

What can be done with a broken phone in a store?

In addition to warranty repairs, you can:

• Exchange the phone for a similar model, for another model with a surcharge or a refund of the difference in the cost of the selected model.
• Finally, return the phone to the seller and return the money.
• Demand to reduce the cost of the phone model due to the indicated defect.

What if the store refuses to return a phone broken under warranty?

If you contacted the store with a claim, and the seller refuses not only to send the phone for guaranteed repair, but also to carry out an examination, then this is a clear violation of the law "On Protection of Consumer Rights".

• If the seller refuses to send the phone for examination, contact the superior service personnel - the general manager or director of the store.
• If they also refuse to provide you with a warranty repair service for your phone, then contact the consumer protection service. There you will be helped to write a complaint and send it to the appropriate defense authorities.
• If this does not work, then the last way out will be to resolve the issue in court.

Sample claim

Samples of documents

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A cell phone is one of the items that can be returned back to the store in 2019 only after it has broken down. Since phones belong to the category of complex technical goods. But they are also covered by the warranty periods. As with any purchase of inadequate quality with a phone, you have the right to return the money back, make an exchange for a similar phone, carry out free repairs, reduce the price for a detected defect, etc. in accordance with the 2019 consumer protection law. Despite the seller's refusal from his obligations, you must insist on your right. Often, after the sale, retailers try to save money on consumers, trying to prove that the phone cannot be returned, exchanged, and repairs are not covered by the warranty. In general, it goes into a deep rejection of all responsibilities, proving that the buyer is to blame. And not the first, not the second repair at the expense of the seller will not be made. Refusal from warranty obligations without examination is a direct violation of consumer rights.

But expertise in 2019 is also a double-edged sword. After all, it may be that the phone broke down through your fault, which means that the claim is unfounded and you will pay the money for the examination out of your pocket. If you are still sure that your gadget has broken down through the fault of the manufacturer, feel free to try to get your money back. At the same time, do not forget about the return period. substandard goods in 2019 and take into account the warranty periods. In general, the topic of repairing phones after a breakdown under warranty, especially if the repair is carried out more than once, is rather complicated.

Before rushing headlong to the seller and proving your rights, you need to consult with experienced lawyers. Competently draw up a claim in which each of your requirements will be supported by the norms of the law.

Legal literacy is half the battle, without bringing the situation to court proceedings. In 2019, counseling is free on our website.

Let's look at the situation with an example. In 2019, you bought a phone or smartphone or even a tablet. Moreover, it does not matter for whom it was purchased, even as a gift. The main point here is to preserve all the papers, including the check and packaging. Although even if the check was lost, this is not a reason for refusing to accept your phone for warranty repair free of charge, and not for additional money. The goods can be returned even in the absence of a warranty coupon, but only in a complete set, as on the day of purchase, within the time period specified in the documents. Under other circumstances, you can run into a tough but fair refusal from the seller. Experienced lawyers will tell you what to do in such a situation, who can be contacted for help through the form feedback is free. In order for you to accept your claim and fulfill all your requirements, you must return not only yourself telephone set, but also all the devices that come with it. What to do, but according to the law, it will be necessary to return exactly those headphones that were immediately included in the kit, and not others. By the way, they can have a separate warranty period if they suddenly break.

Consumer actions

What to do if you did not have time to check all the functions of the phone for operability immediately in the store? Don't worry you have:

• two weeks for the return or exchange or repair of the goods at the expense of the supplier. This deadline establishes the consumer protection law in 2019 for all goods, if a manufacturing defect or other defect acquired through no fault of yours was discovered;
• the period established by the warranty service from the seller. Typically, for technically complex goods, such terms are from one to two years;
• the period established by the warranty service from the manufacturer. Most often, the seller does not need to do anything directly on guarantees, since the manufacturer is initially obliged to set deadlines Maintenance at your own expense.

After the breakdown has been detected, you have several options for action, and it is you and not the seller who decide what to do. In 2019, you can:

• exchange a phone for the same, if a similar one does not suit you or is not available, you can change to another brand with a recalculation of the payment;
• return the goods to the seller, and return the money to yourself;
• use the right to warranty repair;
• to reduce the purchase cost within a reasonable range in relation to defects.

If the seller motivates his refusal to solve the problem with the broken phone in your favor, insist on an examination, after which a manufacturing defect will be revealed. Even if after that you received a refusal to exercise your rights, do not worry and do not rack your brains about what to do with a low-quality purchase. Feel free to collect all the papers and go to your local department of consumer protection. Of course, in this case, it is desirable to record the seller's refusal in writing with the signature of the person in charge and the details of the organization. Write a claim to the name of the manager of the unscrupulous store and to the name of the head of the customer protection department and wait for the result.

Warranty service procedure

In 2019, dear mobile phone it’s not just a way to show off your financial well-being to your acquaintances, while showing that you have money for all sorts of fancy stuff. It is also access to the latest technology for your own comfort and convenience. But what if an expensive phone broke down right after the purchase? How do I get my money back? How to get your rights to be exercised full program in accordance with consumer protection law? Where is the guarantee that the breakdown will not happen again after the repair a second and third time? What to do without a phone while it is being repaired?

You can get answers to all these questions, and many more from competent professionals with extensive experience in working with the legislative framework in relation to defending consumer rights. Just tell our consultants in detail about your problem, and we will try to solve the problem as soon as possible in your favor.

So, the phone is broken, but you like this particular model and you don’t want to return the money for it, or it is stated in the contract that the return of the goods is not possible, only repairs under warranty are allowed. This means that you need to study in detail the topic of warranty periods. What to do after detecting a breakdown:

• collect in a heap everything that came with the phone, including documentation;
• write a claim with detailed details regarding the breakdown;
• go to the store where the faulty phone was purchased and require warranty repairs.

Keep in mind that if you yourself became the cause of the breakdown (for example, you poured water on it), then the repair will be carried out by the seller, but only for your money. If the service center makes a positive decision on warranty repair, you should be provided with another mobile phone in exchange for the entire time of troubleshooting. Also, you need to know that exceeding the repair period of more than 45 days is the reason for writing a new claim to the seller. One more point, if the phone breaks down after the expiration of the warranty period, then it will be rather difficult to get it repaired at the expense of the supplier.

This information applies not only to phones, smartphones, iPhones, but also to other technically complex products (TVs, video recorders, navigators, computers, laptops, digital cameras and camcorders, etc.). ...

I bought a phone, I didn’t like it, can I get the money back or exchange it for another?

It is impossible, because phones are included in the list of goods that cannot be exchanged and returned if they are of high quality, but simply did not fit in some parameters (). Refunds or exchanges are only possible due to defects in work. Or at the discretion of the store itself.

When buying, the consultant misled, said that the phone is for 2 SIM cards, but in fact only for one. Although we warned that it is necessary for two. They have not used the phone yet, they tried to hand it over to the store, but they said that it cannot be returned. What to do?

Alas, a high-quality phone is really non-returnable (see question above). But you can use other grounds:

1. failure to provide reliable information about the product (Articles 10, 12 of the Law "On Protection of Consumer Rights");
2. lack of goods - according to the preamble of the law "On Protection of Consumer Rights", it is also considered that the goods do not comply with the contract, as well as those purposes that the buyer informed the store about during the purchase.

Try to write a claim to the store. However, for such reasons, a refund is usually not made on a claim. You will most likely have to go to court. The courts, unfortunately, are also not very fond of and do not always understand this reason. So arbitrage practice extremely contradictory, especially if everything is in order with the accompanying documentation for the goods (it reflects the real features of the phone). Next time, be critical about the words of the consultant and check all the information about the model in advance, incl. please read the instruction manual.

I bought a phone, a defect appeared in the first 15 days. How do I get my money back?

1. Write to the store, print 2 copies, sign. Attach copies of documents from the list in the appendix to 1 copy.
2. Submit the claim to the store against signature within the first 15 days from the date of purchase (days are counted from the next day after the date of purchase by check). You give a copy of the claim with attachments to the store employees. On the second copy (yours), they must put a note of receipt (date, name, position, signature, seal or stamp of the store). Keep this copy for yourself.
3. Return the phone to the store for a quality check (diagnostics). For acceptance of the phone, the store will give you a receipt or act. In it, be sure to describe in detail the defect that has arisen, the equipment of the phone, the presence of damage.
4. Wait for the store's response within 10 days if you are asking for money, or 7-20 days if you are asking for an exchange.
5. If the answer is no, you can go to court and get your money back by court order.

I ordered a smartphone through an online store. Received the order, looked, changed my mind. I heard that you can return an order to the online store within 7 days. Does this apply to smartphones?

A couple of days after the purchase, it turned out that the phone does not hold a charge. I went to the store, but they sent me to the service center. Do I really need to go to the SC?

Don't go anywhere, service centers generally only offer free warranty repairs. In addition, you yourself can decide where to apply with a claim - to the SC or to the store. The store is more profitable if you go to the SC and repair your phone. Since you have not yet expired the first 15 days from the date of purchase, it is better to write to the store at new phone due to the lack.

I bought a phone. I called the manufacturer's call center to punch the phone by IMEI, they told me that such a device does not exist / the device is not intended for Russia, there is not a word in Russian on the box. I suspect it is counterfeit. How do I get my money back?

Contact the store where you purchased the phone with a written claim to terminate the contract and return the money, and if the issue is not resolved positively - to the court with a claim to protect consumer rights. In this case, you can refer to Articles 9, 10 and 12 of the Law "On Protection of Consumer Rights". It says that the buyer must be informed about the manufacturer of the goods, technical regulations RF or the mandatory confirmation of the conformity of the goods, information about the main consumer properties, the warranty period, etc. responsible only for goods legally imported into the Russian Federation.

I want to return the money for the phone, the store says that it is necessary to do an examination, is it legal? I'm afraid they won't find a flaw.

Yes, it is legal. The store has the right to accept the phone and carry out a quality check (diagnostics) to confirm the existence of the defect and its cause. The quality control procedure is not established by law. This can be an internal check by the store itself, diagnostics at an authorized service center, or an independent commodity examination. If you disagree with the result of the check, you can go to court and order an independent examination by the court.

I handed over the phone for repair under warranty. But I don't need a refurbished phone. Is it okay to pick up the money instead, or ask for a new phone?

Unfortunately, this is not possible right away. You will have to wait for the results of the repair. If the repair takes more than 45 days, you can ask for a refund or exchange. If, after repair, the defect reappears, then under certain conditions you can also return the money.

The phone is still under warranty, more than 15 days have passed since the purchase. They were recently given for repairs, but the examination showed that no defects were found. The phone still doesn't work. Are we eligible for a refund or exchange?

Since more than 15 days have passed since the date of purchase, and the phone is a technically complex product, you can demand a refund or exchange for a new phone only in one of 3 cases:

• a significant manufacturing defect (irreparable, reappearing after repair, requiring expensive repairs at a price higher than the price of the phone itself, etc.). This basis is usually confirmed after 1-2 repairs;
• violation of the terms of warranty repair - more than 45 days;
• repeated warranty repairs within 1 year of the warranty period in the amount of more than 30 days + one more unresolved defect in stock.

In all other cases, you will have to agree to have your phone repaired. Try to contact another authorized service center(see the list on the manufacturer's website) or directly to the store, perhaps they will still see a flaw there and at least repair the phone.

How to get a refund for a phone / exchange it if it has already been repaired once, but now the same defect has appeared again (there is a significant flaw in the phone)?

1. Go to an authorized service center for this brand of phone, make a paid phone diagnostics (it costs up to 500 rubles). Ask for a diagnostic report. It should indicate that there is a manufacturing defect in the phone now, there is no consumer fault, the defect is either irreparable, or the same as in previous times, or the repair is economically inexpedient (it costs almost as much as a new phone). This action is not necessary, but we always recommend doing it: this way you can fix the defect in case the store does not find it during its check. Then in court, such a diagnosis will be evidence in your favor.
2. If the ASC confirms everything that you need, take it, print it in 2 copies, carry it to the store. You need to hand in the claim against signature on your copy of the claim. Attach a copy of the ASC diagnostics report to your claim.
3. Return the phone to the store for quality control / examination / diagnostics (non-warranty repair, elimination of defects).
4. Wait for a response to the claim - 10 days for a refund, 7-20 days for an exchange.
5. If the answer is no, but all defects are confirmed by your diagnosis, go to court through your local consumer protection society, yourself or through a paid lawyer.

The phone is under warranty. Repaired 2 times in a year, the total repair period is more than 30 days. Now it's broken again. Can I get a refund for the phone?

You can, but only if a) you have all the acts from the service center for the repair for a total of 30 days; and b) after the second repair, some kind of defect appeared in your phone again (the defect must be a production defect and be confirmed either by the results of a quality check of the store, or by an examination or diagnostics carried out on your initiative in the ASC). ... ...

The phone is under warranty. Repaired already 2 times, both times the motherboard was changed. The total duration of both repairs is more than 30 days. The phone is now working properly. Is it possible on this basis to ask for a refund for the phone?

No. The fact is that all claims under the law "On Protection of Consumer Rights" are made if there is an unresolved defect in the product. Moreover, for one defect, you can only ask for one thing - a refund, exchange, warranty repair. You have already received a warranty repair for previous defects. Therefore, to get your money back, you need to wait until something breaks on the phone again. In this case, you can no longer take the phone for repair, but immediately write a claim to the store for a refund. Examples of claims:; ...

Several times I handed over the phone for repairs, but in response, SC reported that no shortcomings were found, everything was normal. But the defects have not gone anywhere, but on the contrary, new ones have been added. What can be done?

Try to contact an authorized service center for your phone brand (the list of ASCs can be found on the manufacturer's website). Make a paid diagnostics there to confirm the presence of deficiencies. Ask the deed to state:

• description of deficiencies;
• possibility of elimination (disposable or not);
• necessary work to eliminate;
• repair cost including spare parts;
• the lack of production, the fault of the consumer is not.

If the diagnostics show that the defect is irreparable or the cost of repair will be more than the price of the phone, then write to the store a claim for a refund due to a significant defect. The store will be obliged to reimburse you for the costs of paid diagnostics.

What should I do if I handed over the goods for quality control, but no defect was found?

How to write a claim for a refund for a phone?

Use our examples:

They took the phone for warranty repair. The phone has been under repair for more than 45 days. Can I get the money or ask for a new phone?

Can. Count 45 days (the first day is the next after the date of delivery for repair according to the receipt). If during this period the store has not repaired your phone and has not informed you about the readiness of the phone after repair, we recommend that you carry it to the store on the 46th day. Even if, in response to a claim, the store writes that the phone has already returned after repair, and you can pick it up, you have the right not to pick it up old phone, but insist on a refund or exchange for a new one. , if the issue is not resolved on the claim.

I bought an iPhone on credit. Now I want to return the money (the phone cannot be repaired), but the store says that only an exchange is possible, tk. the loan has not been paid yet. Is it true?

Not true. By law, you, as a consumer, have the right to choose between a refund and an exchange. The store cannot force you to change to another phone if you want money. If this happens, file a written money-back claim with the store.

The phone is under warranty. Repaired already once (changed the sensor), now the same problem. Can I take the money straight away instead of repairing?

Yes, you can, but for this you will need to prove that the phone has a significant manufacturing flaw. This is, for example, a defect that appears repeatedly after repair. You will need:

1. have on hand an act of repair from the ASC, which indicates what and when it was repaired;
2. confirm that the phone now has exactly the same defect. This can be done either by conducting paid diagnostics at an authorized service center of a given phone brand (on average, 500 rubles, but not all ASCs do it), or by means of an independent commodity examination (this is much more expensive).

Attention! Diagnostics or examination should show that the defect is the same as in your act of repair, that it is production and there is no consumer's fault.

P.S. As a rule, after 1 repair, the money has to be returned through the court, because some shops consider that a refund is only possible after 2 repairs.

The phone is under warranty. We handed it over for repair 2 times already (at first the button did not work well, then the speaker was changed). Now the phone began to reboot involuntarily. Can I get a refund?

It is possible if the total duration of the first two repairs totaled more than 30 days within 1 year of the warranty period. In this case, write a claim to the store with copies of the repair certificates and hand over the phone for a quality check.

I handed over the phone to the store for examination / diagnostics. How long should I expect an answer?

The term for diagnostics (quality control) depends on the requirement that you indicated in your claim. If you asked for a refund, verification is carried out within 10 days, if the exchange - within 7-20 days. If you did not specify a specific requirement, most likely the store will make the choice for you and you will receive a refurbished phone. The repair period is up to 45 days.

The store said that it will take 45 working days to repair the phone. Why take so long?

You were deceived, according to the law, the maximum warranty period for repairs is 45 calendar days.

I wrote a complaint to the store. It took 10 days, nobody answered me. What to do?

1. Check if the deadline for responding to your claim has passed. If you asked to terminate the contract and return the money for the goods, the response time is 10 days. If asked for an exchange - 7-20 days. Count the deadline for a response from the next day after the date the claim was filed.
2. If the deadline for a response has really expired, call the store, specify the status of consideration of your claim. The delay may be related to mailing a response to a claim. Also, large federal networks often do not meet the response time due to the fact that phones are taken to another city for verification.
3. If possible, you should wait for a response to your complaint.
4. If the answer is no, you can prepare documents for filing a claim in court.

They took the iPhone for repairs. I asked for a replacement phone, but they gave me some kind of push-button stuff. Is this how it should be?

According to the law, at the time of repair, the consumer must be provided with "durable goods with the same basic consumer properties." The wording is not very successful, therefore, in practice, stores do not keep expensive touchscreen phones in a replacement fund, because it is simply unprofitable for them. "Calls - and okay!" There is no obligation to provide exactly the same model.

When I handed over the phone for repair, I was not even offered another phone for use during the repair! It is legal?

Alas, the store is not obliged to offer you a replacement fund for the duration of the renovation. If you need another phone for use during the warranty repair, write to the store director an application for the provision of goods from the replacement fund. You will be required to provide a telephone number free of charge within 3 days from the date of application.

The child dropped the touchscreen phone, the glass shattered. Will the phone get repaired under warranty?

In this case, you may be denied warranty repairs. By law, a store or an authorized service center is not responsible for product defects if they arose as a result of a consumer's violation of operating rules, actions of third parties, force majeure. But sometimes you can get free repairs or the cost of the phone through insurance if it was purchased when the phone was sold.

I bought a phone, it stopped working, now the store is ready to exchange the phone for a new one. Due to the change in the exchange rate, the prices for telephones have increased by 1.5-2 times. How to be?

Based on the provisions of Article 24 of the Law "On Protection of Consumer Rights", the following layouts are obtained:

• if you change your phone to exactly the same one (of the same brand / model / article), no one pays any extra money to anyone. Exchanged - dispersed;
• if there is an exchange for another phone (of a different brand / model / article), then the price of your phone is taken on the day of replacement or delivery of a court decision and is compared with the price of the phone you are changing to. If your phone is more expensive, the store should return the difference to you. If a new phone is more expensive, then you pay the difference.

Is software replacement considered a repair?

Yes, it is considered, but most likely it will have to be proven through the courts. There is such an explanation in:

39. Requirements of citizens for quality software used in a technically complex product (for example, to operating system, which serves to ensure its functioning), should be considered as requirements for the quality of the product as a whole, taking into account its consumer properties in accordance with Article 469 of the Civil Code of the Russian Federation.

Simply put: if the product consists of hardware and a program, claims can be made both for the quality of the hardware and for the quality of the program. Our jurisprudence (for example, here) confirms this position.

05.07.2011, 16:26

In September, the warranty period for a mobile phone, not a cheap Nokia 97 mini, expires. The device was buggy from the very beginning. At the second repair, they asked to write a paper, so that the goods would be replaced or the money returned.
They said no, we will repair it, after the repair it worked for 2 weeks, it is buggy again, we have already changed something there, now we will take it for the third time.
What to do in this case? After all, it's not normal that the phone has already been repaired 3 times :(, and after 2 months the warranty ends, and then, as I understand it, can you put it in a bucket?
There is complete disappointment in this apparatus, I want to relieve it of what laws and rights there are in this regard.
Bought in a Nokia branded showroom.

05.07.2011, 17:05

OBLIGED TO CHANGE
Write a written claim like this:
DATE

STATEMENT
on termination of the sales contract and return of the money paid for the goods
00.00.00 I bought a cell phone in your store WHAT for HOW MUCH p. 00 kopecks During the warranty period, I repaired the phone twice (Appendix # 1, the second repair coupon was not preserved).

On currently Significant shortcomings were found in the phone again: it turns itself off (during a conversation, typing SMS, etc., despite a full charge of the batteries); problems with typing SMS; dialed numbers are not always reflected in the list; periodic involuntary network search with screen off and others.

According to paragraph 6 of Art. 18 of the Law "On Protection of Consumer Rights" (hereinafter - ZoZPP), the seller is responsible for defects in the goods during the warranty period. The warranty period for the specified product has not expired.

Taking into account the constantly emerging shortcomings in the work of this model and realizing the right granted to me by clause 3 of Art. 503 of the Civil Code of the Russian Federation, clause 1 of Art. 18 and paragraph 1 of Art. 19 ZoZPP, I terminate this sales contract and ask me to return the cost of the phone paid by me in the amount of HOW MUCH p. 00 kopecks

According to Art. 22 ZoZPP consumer claims for the return of the money paid for the goods are subject to satisfaction by the seller within ten days from the date of the relevant demand.

According to paragraph 1 of Art. 23 ZoZPP for violation of the provisions of Art. 22 terms, the seller, who committed such violations, pays the consumer for each day of delay a penalty (penalty) in the amount of one percent of the price of the goods.

In case of refusal to voluntarily satisfy this application, a statement of claim will be filed with the court demanding reimbursement of the above amount, penalty interest, damages caused, interest for the use of others in cash under Art. 395 of the Civil Code of the Russian Federation, moral harm, you will also be obliged to reimburse legal costs, pay state fees and 50% of the amount awarded to me as a fine for refusing to voluntarily satisfy a claim in accordance with Art. 13 ZoZPP. I also reserve the right to highlight this case in the media and inform about the possibility of bringing to administrative responsibility under Art. 14.8 Administrative Code.

Applications:

1) A copy of the warranty card.

2) A copy of the receipt.

Signature ______________________ / ______________________ /

A copy of the application was received by the full name of. ______________________________________

Signature __________________

05.07.2011, 17:09

THANKS very much, now I will print the application and go to the store: flower:

02.08.2011, 19:08

02.08.2011, 19:39

to pass an independent examination

Lovely Cruel !!

02.08.2011, 20:17

to pass an independent examination
+1000....

07.08.2011, 00:05

to pass an independent examination

1000....
And where to call, knock?: 091 :: 091 :: 091:

Mom_Vova

07.08.2011, 00:17

But is the warranty not extended for the period of being in the service (repair, examination, etc.) ???
specify this point too !!!

07.08.2011, 00:27

should be extended.

Sinitsyna

08.08.2011, 17:37

repair warranty is extended. By law, the product can be returned only if all 3 times have changed the same component. If it's Nokia, I would go to the branded service center.

08.08.2011, 17:42

I remember there were 3 repairs for the gar. term. I so changed the bad memory of Fly.

Moreover, after the third repair, one question was enough - well, are we changing or what?

09.08.2011, 09:14

I am writing about the results, the application was accepted, a week later they asked me to bring my phone for examination, they sent it to Moscow for examination, yesterday the phone was returned, they said that everything was fine with him, and it was about my SIM card: 010 :. We said that the phone had a SIM card for both husband and daughter, the same nonsense was, to which the answer was: the examination was in Moscow, we had nothing to do with it. She provided repair statements.
What else can you do? The warranty ends in September, I gave them the phone in a faulty condition, returned by itself in working order ...

What do you mean "said" ??? They should have responded in writing to your written statement. Is there such an answer? Is there a refusal in the text? Rejection reason?
Your wording "buggy" is very vague. Is the cause of the breakdown the same in the repair statements? They are indeed sent to Moscow for examination. And the answers to the claims are made up in Moscow. They write blatant nonsense, around the bush, and there is no specific refusal, and consent to meet the requirements. If you have repaired the same thing three times, then you have a chance to "crush" them. With their written refusal, go to court. It's just not clear whether you have this very written refusal.
Read my "war" with Nokia http://forum.littleone.ru/showpost.php?p=57075238&postcount=84