Gomel resident Sergei fell victim to a series of curious coincidences: four times in a row the smartphones he bought went out of order and four times he changed them under warranty. However, mobile operators and retailers claim that these gadgets do not have a mass marriage.

In August 2014 Sergey bought in velcom Samsung Galaxy S5 mini. Soon, the smartphone broke down - its display came off. After the gadget was replaced under warranty, but the situation repeated itself several more times, each new smartphone broke down without serving even two months.

- All four times the problem was the same, - says Sergey. - Each time the display peeled off in the same place.

Photo courtesy of the reader
Photo courtesy of the reader

In total, Sergei replaced three Samsung Galaxy S5 mini and one Galaxy S5 - all had the same breakdown.

- I don't even know how to react to it- he says. - I called velcom, they accused the manufacturer of everything and offered to simply exchange the smartphone. They said: "As long as it breaks, we will change it as much." I find this a little absurd.

The young man is so unhappy with the situation that he is going to sue mobile operator... Note that velcom formally fulfilled all its obligations, replacing defective devices at the buyer's request.

Bad luck or mass marriage?

Four defective smartphones make us assume that something is wrong with the gadgets of the Korean manufacturer. However, the sellers we interviewed do not see any massive problems with Samsung.

IN velcom said that "Samsung Galaxy S5 and Galaxy S5 mini are definitely not the models that are most often sent for repair." Moreover, "with the growth of sales, we do not record an increase in the number of calls for warranty claims."

IN MTS We were assured that the defect rate for Samsung smartphones does not exceed the norm, and the case of peeling off the glass was recorded only once. This eliminates massive problems with device displays. No problems with samsung smartphones celebrated in the online hypermarket 21vek.by.

IN ALPHALab, an authorized Samsung service center, we were also confirmed that the problem with peeling is far from widespread. Such cases were recorded with them only a few times since the devices went on sale (these models have been implemented for more than a year).

It turns out that the young man was simply unlucky. Or does Samsung gadgets have a weak point, which manifests itself under a certain set of circumstances?

Have you had similar problems with Samsung smartphones? Let us know in the comments.

in accordance with Art. 5 of the Law of the Republic of Belarus on January 9, 2002 No. 90-Z "On Protection of Consumer Rights" The consumer has the right to the proper quality of goods (works, services), including the safety of goods (works, services), proper completeness, the proper amount of goods (result work);
full compensation for losses, harm caused as a result of defects in goods (work, service), including compensation for moral damage;
by virtue of Art. 20 of the Law, a consumer to whom a product of inadequate quality was sold, if its shortcomings were not specified by the seller, has the right, at his choice, to demand:
-replacement of low-quality goods with goods of proper quality;
- a commensurate decrease in the purchase price of the goods;
-immediate gratuitous elimination of product defects;
- reimbursement of expenses for the elimination of defects in the goods.
Instead of presenting the specified requirements, the consumer has the right to terminate the retail sale and purchase agreement and demand the return of the amount paid for the goods in accordance with paragraph 4 of Article 27 of this Law. In this case, the consumer, upon request and at the expense of the seller, must return the received goods of inadequate quality. The consumer has the right to return such goods without consumer packaging (packaging).

Clause 9 of Article 20 of the Law establishes that the Seller (manufacturer, supplier, representative) is obliged to accept the goods of inadequate quality from the consumer, and, if necessary, to check the quality of the goods. The seller (manufacturer, supplier, representative) is obliged to inform the consumer about his right to participate in checking the quality of the goods, and if such a check cannot be carried out immediately, also about the place and time of checking the quality of the goods.

If a dispute arises between the consumer and the seller (manufacturer, supplier, representative) about the presence of defects in the goods and the reasons for their occurrence, the seller (manufacturer, supplier, representative) is obliged to conduct an examination of the goods at his own expense in the manner established by the Government of the Republic of Belarus. The consumer must be notified in writing of the place and time of the examination.

The cost of the examination is paid by the seller (manufacturer, supplier, representative). If, as a result of the examination of the goods, it is established that there are no defects in the goods or arose after the transfer of the goods to the consumer due to a violation of the established rules for the use, storage, transportation of goods or actions of third parties or force majeure, the consumer is obliged to reimburse the seller (manufacturer, supplier, representative) for the costs of carrying out examination, as well as the costs of transportation of goods associated with its implementation.

The consumer has the right to take part in the quality control and examination of the goods personally or through his representative, to challenge the conclusion of the examination of the goods in court, and also to conduct the examination of the goods at his own expense.

According to paragraph 10 of Art. 20 of the Law, in the case when the defects of the goods are discovered by the consumer during the warranty period, the seller (manufacturer, supplier, representative) is responsible for the defects of the goods, if he does not prove that they arose after the transfer of the goods to the consumer due to violation of the established rules of use, storage, transportation of goods or actions of third parties or force majeure.

Based on the foregoing, in case of disagreement, you have the right to demand from the seller, and the latter is obliged to conduct an examination in order to establish the reason for the failure mobile phone, at your own expense, as well as you have the right to conduct an examination for personal funds, and if the result of the examination is in your favor, demand from the seller reimbursement of the costs for such an examination ..

This contract for the provision of services of the Service Program "SMART Guarantee" (hereinafter referred to as the Agreement) is an agreement of accession, to which the Buyer (an individual with whom the Unitary Enterprise for the provision of services "A1" (hereinafter - A1) has entered into an agreement on the provision of telecommunication services ) joins as a whole, acquiring the Certificate "SMART-guarantee" simultaneously with the equipment from A1.

The provisions of this Agreement apply to the Buyers who have purchased the Mobile CASCO Certificate.

This Agreement governs the process of repairing mobile phones or tablets (hereinafter referred to as equipment) according to the SMART Guarantee Certificate, which is carried out by the ESC Limited Liability Company (hereinafter referred to as the ESC).

1. The equipment is accepted for repair according to the Certificate "SMART-guarantee" in the A1 Sales and Service Centers.
When transferring equipment for repair to A1, the Buyer must submit for review:
- Certificate;
- a warranty card for equipment.

3. The equipment is repaired at the ESC brand center at the address: Minsk, st. Kalvariyskaya, 16 pom. 221.

4. For the purposes of this Agreement, repair is understood as a set of operations to restore the equipment operability, when the authorized service center (hereinafter referred to as the ASC) has recognized the case as non-warranty, in the following cases:

• Replacement of the display module (LCD and touch glass) in case of mechanical damage and moisture ingress;
• LCD replacement in case of mechanical damage and moisture ingress;
• Replacement of the touch glass in case of mechanical damage and moisture ingress;
• Replacing the camera in case of mechanical damage and moisture ingress;
• Replacement of the speaker (polyphonic, auditory) in case of mechanical damage and moisture ingress;
• Replacing the microphone in case of mechanical damage and moisture ingress;
• Replacement, cleaning of the charging connector in case of mechanical damage and ingress of moisture and debris;
• Replacement of body elements with mechanical damage (cracks);
• Replacement of built-in batteries in case of moisture damage;
• Recovery from moisture;
• Replacement of the board (SWAP-replacement) in case of mechanical damage (for example, microcracks on the board).

5. Repair does not apply to components.

6. ESC has the right to refuse repair in the following cases:

• if the equipment has traces of repairs made not in a service center authorized by the manufacturer;
• if the equipment has damage that does not affect the possibility of full use (normal operation of all functions provided by the equipment manufacturer) of the equipment by the Buyer, except for cases when the equipment screen is damaged, namely, there are visible cracks on the screen in the area of \u200b\u200bimage placement, even in those cases when the screen has retained its integrity and functionality. In these cases, damage to the equipment screen must be restored;
• if the equipment has damage or breakdowns that have arisen during its maintenance (cleaning, examination, service, adjustment, repair, etc.), as well as caused by natural wear and tear of the equipment, including defects in the body that have arisen as a result of natural wear , oxidation (rusting) as a result of natural wear and tear, exposure to ultrasonic waves;
• if the equipment has damage (breakdowns), which must be eliminated as part of the performance of the equipment manufacturer's warranty obligations;
• the presence of equipment damage caused by the use of non-standard and (or) low-quality consumables, batteries, telecommunications, cable networks;
• if there has been a change in the serial or identification number of the equipment, with the exception of a change in the serial or identification number during the repair performed by the ESC or the manufacturer's authorized service centers, replacing A1 equipment of inadequate quality with equipment of proper quality.

7. ESC has the right to refuse the Buyer to repair the equipment in the event that the repair is impossible for technical and (or) technological reasons. In this case cashpaid by the Buyer for the Certificate are subject to return within 7 (seven) days from the date of such refusal. In this case, the cost of the Certificate is recalculated in proportion to the increase in the rate of the Belarusian ruble of the National Bank of the Republic of Belarus against the US dollar from the date of sale of the Certificate to the date of mutual settlements. Refunds are made by the ESC.

8. Repairs are carried out within the limits of the cost of repairs specified in the Certificate, while repairs can be repeated. The cost of repairs includes the cost of spare parts. For the production of non-warranty repairs, it is allowed to use parts, components and materials similar to those used by the manufacturer, which do not degrade the basic characteristics of the equipment and do not lead to a violation of safety requirements.

9. If it is necessary to make repairs in an amount exceeding the cost of repairs specified in the Certificate, the Buyer can pay the difference in the cost of repairs directly to the ESC. If the surcharge is canceled, no repairs are made and the cost of the Certificate or the unused part of the cost of the Certificate is not refundable.

10. The cost of repairs is determined according to the ESC Price List valid on the date of the Certificate sale.

11. The Buyer has the right to pay for the Certificate in installments if he is an individual who has reached the age of 18 (a citizen of the Republic of Belarus or a foreign citizen / stateless person with a residence permit in the territory of the Republic of Belarus).

12. When paying for the Certificate in installments:

12.1. A1 sets the following priority for debiting funds from the balance of the Buyer's personal account: first of all, funds are debited to pay off payments for goods purchased in installments, secondly - payment for telecommunication services, thirdly - payments for other services of A1, fourthly - payment for the Certificate.

12.2. The Buyer has the right at any time within the installment period to pay the remaining payments for the Certificate only to the personal account of A1, notifying A1 about this, except for the case of delay in payment for 30 (thirty) or more calendar days.

12.3. Interest for payment by installments is not charged.

12.4. In case of delay in payment of the next payment for 30 (thirty) or more calendar days, the Certificate is canceled, and the Buyer must pay the remaining payments directly to the ESC.

13. In the event of a warranty replacement of the equipment (upon confirmation of the defect and warranty case of the ASC), the Buyer can receive a new Certificate for a period of 12 months on the following conditions:

13.1. When the Buyer replaces the equipment with an identical model of equipment, the Buyer has the right to receive a new Certificate with the same cost of the Certificate and the cost of repairs, which is covered by the Certificate, free of charge.

13.2. When the Buyer replaces the equipment with a different model of equipment, the Buyer has the right to receive a new Certificate with a higher / lower cost of the Certificate and the cost of repairs that are covered by the Certificate, with the recalculation of the cost of the Certificate (surcharge or refund of the difference to the personal account in A1). In this case, the cost of the surcharge for a new Certificate is calculated as the difference between the cost of the new Certificate and the unused cost of the Certificate, and the cost of returning is calculated as the difference between the unused cost of the Certificate and the cost of the new Certificate. The unused value of the Certificate is calculated as follows:

13.2.1. With the purchased Certificate at full cost and issuing a new Certificate at full cost:
The cost of a valid Certificate is divided by 12 (the number of months the Certificate is valid) and multiplied by the number of months remaining from the date of warranty replacement to the expiration date of the Certificate. Remaining months means the difference between the 12th and the number of past completed (up to the last day) calendar months. The received amount is returned to the balance of the A1 personal account and, when a new Certificate is issued for the full value, it is used to repay its value. If the refund amount is insufficient, then the Buyer must pay the difference between the cost of the new Certificate and the refund amount.

13.2.2. With the purchased Certificate at full cost and issuing a new Certificate in installments:
The cost of a valid Certificate is divided by 12 (the number of months of validity of the Certificate) and multiplied by the number of full months (the last day of the corresponding month is considered a full month) from the date of warranty replacement to the expiration date of the Certificate. The received amount is returned to the balance of the A1 personal account and when a new Certificate is issued in installments, the amount of the return is used to pay off the initial, as well as monthly installments. If the refund amount is insufficient to pay the down payment, the Buyer must pay the difference.

13.2.3. With the purchased Certificate in installments and issuing a new Certificate in installments:

13.2.3.1. The monthly cost of a valid Certificate is calculated by dividing the total cost of the Certificate by 12 (the number of months of validity of the Certificate);

13.2.3.2. The amount paid by the Buyer at the time of the application is calculated (initial payment and all paid monthly installments);

13.2.3.3. The conditionally paid number of months out of 12 is calculated by dividing the amount paid by the cost of the Certificate per month, based on the 12-month period of its validity. The resulting number of months is rounded to the nearest higher number;

13.2.3.4. The number of unused and conditionally paid months is calculated, subtracting the number of months actually used from the conditionally paid months. The number of actually used months is calculated by subtracting the number of full months from the conditionally paid months (the last day of the corresponding month is considered a full month) from the date of purchase of the Certificate;

13.2.3.5. The amount to be returned is calculated by multiplying the number of conditionally unused months by the monthly cost of a valid Certificate, based on 12. Moreover, if the sale of the Certificate and warranty replacement of equipment occurs within one calendar month (from the 1st to the last day of the month), this calculation is not applied, and the Buyer is refunded the full amount paid for the Certificate (first installment).

13.3. When issuing a new Certificate in installments, the refund amount is used to pay off the initial as well as monthly installments. If the refund amount is insufficient to pay the down payment, the Buyer must pay the difference. Upon refusal to pay the difference, the Certificate is canceled.

14. The equipment is repaired within 14 (fourteen) calendar days, and in case of latent defects - within 30 (thirty) days from the date of delivery of the equipment to the ESC for repair according to the SMART Guarantee Certificate. In the event that an additional payment is required for the repair of equipment in accordance with clause 9 of this Agreement, the repair period is extended for a period commensurate with the period from the moment the Buyer is notified of the need for the additional payment until the ESC receives the amount of the additional payment.

15. The warranty period for the performed repairs is 4 (four) months.

16. The buyer must check the defects of the equipment when accepting it from the repair and declare the defects immediately, otherwise he loses the right to refer to them (except for hidden defects).

17. The validity period of the Certificate "SMART-guarantee" is 12 (twelve) months from the date of implementation of the Certificate. If the Buyer purchased the Certificate in installments and stopped paying before the full cost of the Certificate is paid, the Certificate is canceled and its value is not returned to the Buyer.

18. If the Buyer did not apply for repair during the validity period of the Certificate "SMART-guarantee" or the cost of actual repair was less than the cost of repair, which is covered by the Certificate, the Certificate is canceled after the expiration of the validity period and the money paid for it is not returned in full or in part. Buyer.

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 according to some parameters (). Refunds or exchanges are possible only 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 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 when buying.

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. Therefore, judicial practice is extremely contradictory, especially if everything is in order with the accompanying documentation for the goods (the real features of the phone are reflected there). Next time, be critical of the consultant's words 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 in 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 mark 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 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 provided with information about the manufacturer of the goods, the technical regulations of the Russian Federation or mandatory confirmation of the conformity of the goods, information about the main consumer properties, the warranty period, etc. If the goods are not intended for sale in the Russian Federation at all, this can create problems during warranty service : manufacturer's authorized service centers will refuse warranty repairs. 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, legal. The store has the right to accept the phone and conduct 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. Can I take the money instead, or ask for a new phone?

Unfortunately, you can't immediately. 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 get your money back.

The phone is still under warranty, more than 15 days have passed since the purchase. They were recently given for repair, 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 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 (unrecoverable, 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 + another 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 (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 store quality check, 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 to ask for a refund for the phone on this basis?

No you can not. 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. For previous defects, you have already received a warranty repair. Therefore, to get your money back, you need to wait until something breaks on the phone again. In this case, you can no longer hand over the phone for repair, but immediately write to the store a claim for a refund. Examples of claims:; ...

Several times I handed over the phone for repair, 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 (a 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;
• production shortage, no fault of the consumer.

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 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 collect money or ask for a new phone?

Can. Count 45 days (the first day is 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 take the 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. I repaired it 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 carrying out paid diagnostics at an authorized service center of a given phone brand (on average, 500 rubles, but not all ASCs do it), or by an independent commodity examination (this is much more expensive).

Attention! Diagnostics or examination should show that the defect is the same as in your repair act, 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 started to reboot involuntarily. Can I get my money back?

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 quality control.

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, the check 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 it would take 45 working days to repair the phone. Why take so long?

You were deceived, according to the law, the maximum warranty period 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 the 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, check the status of your claim. The delay may be due 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 the answer to the claim.
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 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 not profitable 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 broke. 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 consumer 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 the exact 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 another brand / model / article), then the price of your phone is taken on the day of replacement or adoption 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 it will most likely have to be proven through the courts. There is such an explanation in:

39. Requirements of citizens for quality softwareused in a technically complex product (for example, to the operating system that 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 software, 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.

Issues related to goods and services have always been of interest to the population. Russia even has a special law protecting consumer rights. It is called “On the Protection of Consumer Rights”.

Today we have to find out how to get money back for a phone under warranty. Can you do that at all? Under what circumstances will the funds be returned, and under what circumstances will they not? The answers to all these questions will be given below. Among other things, we will be able to get acquainted with the rules for writing claims by phones that have not yet expired the warranty period. What features of the process should you pay attention to? What will each potential buyer have to remember about the procedures under study?

The guarantee is ...

The first step is to understand what the warranty period is. This term should be familiar to every person who has ever bought equipment. Especially technically complex structures.

This is the time during which the manufacturer of a particular product makes free repairs, diagnostics or replacement of components of his device. A similar document is attached to all gadgets and machines. Phones are no exception. A corresponding coupon is also issued for them.

So what does the phone warranty provide? Within a specified time (usually 12 months), the buyer will be able to:

• carry out free diagnostics of the device at the service center;
• replace a broken or out of order phone with a similar one;
• free to repair the device at the service center.

This paper is required as standard with all devices. The buyer should check the availability of the appropriate one. If not, it is not recommended to purchase the phone. After all, then the citizen will not have any rights to free repair or replacement. This is the opinion held by the bulk of people. Is it really?

Are there any chances of replacement

To understand this feature, you will have to answer whether it is possible to change the phone under warranty. How legitimate is this idea?

In Russia, it is not forbidden to change and repair devices that are under warranty for free. This means that theoretically it is possible to replace an unsuitable smartphone. Only in practice it is not so easy to do it. Especially if you ignore some factors. Next, we will consider various options for the development of events regarding this issue. What tricks do cell phone stores go to to avoid swapping the devices they sell? and get money for a low-quality product? If you prepare in advance for such situations (this is recommended under any circumstances), you can implement the idea without much difficulty. The main thing is to know your rights and not be fooled by deceptions and tricks of sellers.

What can come in handy

How to get money back for a phone under warranty? The first rule to remember is the preservation of all documents and papers. Each customer purchases a specific set with a device in the store. And it will have to be saved. Otherwise, there may be problems with the return or exchange.

As a rule, in a box with a mobile phone you can find:

• the device itself;
• charger;
• battery;
• operating instructions;
• cable for connecting to a PC (USB);
• warranty card for a phone bought by a person.

The presence of the latter document should be of concern to every buyer. As already mentioned, in the absence of a guarantee, it is better to refrain from buying. All these components (some smartphones also have accessories such as a screen protector or a headset) must be preserved. Preferably with a box.

In addition, during the settlement, the buyer will be given a check. It is a required attribute if you need to return or exchange a smartphone. This is a kind of proof of the deal. No receipt? Then you can completely forget about the implementation of the task. Without it, it will not be possible to prove the fact of purchasing a phone in a particular store.

Proper quality

The quality of the product plays a huge role in the issue under study. How to get money back for a phone under warranty? The buyer should consider the reason for the complaint before acting decisively.

The point is that today a good quality product can be returned. But only under certain circumstances and with time limits. What is it about?

Any smartphone of proper quality is suggested to be returned to the store under the following circumstances:

• the device did not fit in color, shape or size;
• the product was not used, it has completely preserved its presentation, has all factory seals and plugs.

What restrictions are we talking about? Buyer can return mobile device to the store within 14 days from the date of the transaction. This rule is governed by the Consumer Protection Law. This means that if there are no defects on the smartphone, you can still return it and get your money back.

Technically complex product of proper quality

How to get money back for a phone under warranty? In fact, everything is not as simple as it might seem. The thing is that smartphones are included in this. Therefore, buyers and sellers often have disagreements.

According to the established rules, it is impossible to return technically complex goods of good quality if they are covered by a guarantee. Accordingly, you can forget about the implementation of the task. It will be possible to return or exchange such a device only within the framework of some promotion held by the store. Or by the good will of the seller.

But technically complex goods of inadequate quality can be exchanged or returned. Only with certain features and nuances.

Inadequate quality of complex equipment

What should I do if I need to return an improper quality phone? According to the law, technically complex goods in this case are exchanged within 15 days from the date of their purchase. Further, the buyer loses this right.

But there are exceptions everywhere. You can exchange or demand money for technically complex goods of inadequate quality after the specified period in the following cases:

• a significant breakdown (marriage) was found on the smartphone;
• the deadlines for eliminating defects were violated (45 days are allocated for the operation);
• if during the entire warranty year the device could not be used for more than 30 days in total due to constant repairs and elimination of defects in the device.

There are no more rules regarding this issue. In case of minor breakdowns or defects, if more than 15 days have passed since the purchase of the smartphone, you will have to put up with them.

About inadequate quality of goods

Now a little about more common situations. What to do if the phone is broken under warranty? Will you be able to get it back?

As already mentioned, in Russia, buyers can demand their money for any product of inadequate quality. Moreover, this can be done during the entire warranty period. The previously proposed time limits are only relevant for 100% serviceable devices.

It is a legitimate right for every customer to return a phone that is broken or malfunctioning during the warranty period. If the seller refuses the operation, you can complain about him. What can I do to get my money back?

Order of treatment

Everything is extremely simple. Especially if a citizen has saved checks and documents from a smartphone. Without them, as already mentioned, it will be almost impossible to bring the idea to life.

Regardless of when exactly the breakdown occurred (during the entire warranty year, of course), you will have to follow some instructions. They look something like this:

1. Collect the previously listed documents. They must be accompanied by a citizen's identity card (passport).
2. Write a claim. How this is done will be discussed later.
3. Contact the store where the purchase took place with a corresponding complaint.
4. Wait for funds or exchange the device for a similar device, but in working order.

The reality is not that simple. Sellers often refuse buyers a refund. For example, because of doubts about the reasons for the appearance of certain defects. What to do in this case?

Conflicts with sellers

Don't despair. Even with disagreements, you can easily get your money back for a smartphone of inadequate quality. This is normal. The main thing is to behave correctly.

If the seller doubts the reasons for the appearance of certain defects, he must conduct an examination at his own expense, during which the quality of the goods will be confirmed (or not). In case of identification of production defects, the money is returned to the buyer in full. If the examination establishes that the defect is caused by a violation of the operating instructions, you can forget about the operation. Additionally, the citizen will have to reimburse all the costs of the store for diagnostics.

Sometimes it happens that the phone is not installed or has expired. In this case, you can also return the money. But for this you will have to conduct an examination at your own expense. The procedure is allowed within 2 years from the date of purchase of the gadget.

There are exceptional cases. For example, if more than 24 months have passed since the purchase of a smartphone. Then the defective gadget can be returned within 10 years after the start of its use or during the service life set by the manufacturer. Cell phone stores are not involved in this operation - the claim must be sent directly to the manufacturer. The disadvantage of a smartphone with all this must be significant and unavoidable. If the breakdown is removable, it is allowed to demand money only if the manufacturer has not removed it free of charge within 20 days. The buyer must prove the reasons for the defect at his own expense.

About refund amounts

Now a little about how much money is allowed to be returned if the phone is broken under warranty. This issue is often controversial.

First, the buyer is obliged to refund the full cost of the purchased device. Secondly, every citizen has the right to reimbursement of all expenses associated with the examination and repair of a faulty smartphone. Thirdly, if the price of the phone has increased, you can demand payment of the difference in cost.

It follows that sometimes the buyer is able to get more money than he spent before. In practice, such situations are very rare, you should not hope for them.

What to do when purchasing a smartphone on credit? In this case, the return of the phone takes place according to the previously proposed principles. The money is returned in the amount of the cost of the device. In addition, the buyer must reimburse the interest on the loan that was paid.

Terms of consideration and return

In Russia today, all claims for reimbursement of funds for mobile phones are considered within 10 days. If the store did not react to the document in any way, you can file a claim in court.

It is important to take into account that no more than 45 days are given for examination or repair of the device. Therefore, if the citizen was promised to repair the gadget and fix the breakdown, he will have to wait.

What cannot be returned

From now on, it should be clear how to get money back for a phone under warranty. What devices cannot be reimbursed for?

As already mentioned, all smartphones of inadequate quality must be replaced or returned to the store without fail. The warranty for the new phone will also be updated. Money for such products must be returned at the request of the consumer.

Among the non-refundable smartphones are:

• devices of proper quality, if more than 2 weeks have passed since their purchase;
• technically complex devices of inadequate quality, if the claim arose more than 15 days after the transaction.

No more restrictions. What else should every buyer remember if he wants to make a claim for a smartphone under warranty? What does this document look like? What should it contain?

Rules for writing a claim

A claim over the phone under the guarantee is made only in writing personally by the buyer. It is important to remember that a document can be:

• handwritten;
• printed using a printer and a PC.

There is no fundamental difference in the writing of the document. The main thing is that it is real paper that can be read.

The rest of the rules for writing a document are general principles of maintaining business correspondence... Key points include the specific structure of the claim.

It looks something like this:

1. "Header" of the document. It is drawn up in the upper right corner of the sheet. Here you need to write data about the store to which the document is sent. In addition, the "header" contains information about the applicant - personal and contact.
2. Name. It is written in the center of the page on a new line. You must write "Claim". It is recommended to write a clarification under this word. In our case, the name looks like "Warranty phone money back claim".
3. Main part. It consists of a description of everything that happens. We can say that this is the essence of the claim. Here it is necessary to tell as accurately as possible, but briefly and to the point, about the reasons for the complaint and about your requirements. After that, you need to list all the documents attached to the claim in a numbered list.
4. Conclusion. This part of the paper usually consists of the date of appeal and the signature of the applicant.

That's all. There are no more special rules for writing a claim. It is recommended to record the fact of contacting the store with this document. This is necessary so that in the event of an organization's inaction, the citizen has the right to appeal to the court for defense.

Sample

The warranty for the phone by law, as you can already see, is established by the manufacturer. Usually it is 12 months. Sometimes you can find gadgets with a warranty of 6 months or several years.

What will a claim for a refund for a mobile device that is under warranty look like? For example, like this:

"I, (information about the applicant, including passport), I ask you to return the money to me in the amount of (amount) for the mobile phone I bought (model). (Date of transaction) I bought in the store (information about the outlet) this device... It is under warranty until (date of expiry of the warranty card). (Date of incident) I took my mobile phone and tried to turn it on. The device booted up and shut down on its own after a few minutes. Re-enabling had no results. The battery charge is shown at 100%. (Date) I have carried out an independent examination. She identified a manufacturing defect in the mobile phone boards. I paid for the operation (amount). I ask you to reimburse me in the amount paid for the smartphone (model), as well as the cost of diagnosing this equipment. "

This claim is not exhaustive. This sample is just a small template for the main body of the document. It helps you understand the essence of drafting paper.

About batteries and components

The last question that can arise is a refund for a phone with a faulty battery or other components. Is it possible to carry out a similar operation? Yes. It is enough to remember a few simple rules. This will not change the principle of filing a claim.

The warranty for phone batteries will be exactly the same as for the device itself, unless otherwise specified by the manufacturer. It is enough to carefully study the warranty card. If there is no mention in it that the warranty does not apply to the battery or some components of the smartphone, you can safely contact the store with claims during the entire period indicated on the coupon. The main thing is to have documents on the phone and a receipt indicating payment for the goods.

Outcome

Perhaps this is all that every consumer should know. From now on, the topic "Phone under warranty - my rights" will no longer cause any difficulties. If you have all the documents on your smartphone, you can easily make a claim and return money for a purchase of inadequate quality. Of course, the device itself will need to be returned to the store.

In fact, everything is much simpler than it seems. Sellers often try to violate buyers' rights. It is important to understand that you can exchange or return money for a product at any time if it is proven to be of inadequate quality, a serious defect. But a working device is allowed to be returned only if the presentation is preserved and within 14 days from the date of purchase. Even technically sophisticated devices must be accepted for exchange or refund.

So, if a citizen's phone suddenly breaks down, he can demand its exchange or refund during the entire warranty period. The main problem in this matter is device diagnostics. We have to prove to the stores that the smartphone was originally purchased with a defect. In practice, not every buyer succeeds in defending their rights.