Your phone screen is broken under warranty: what to do, where to go, what documents are needed?

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The legislative framework

According to the Law “On the Protection of Consumer Rights”, the buyer has the right to demand that the seller or manufacturer eliminate detected defects if the latter are a manufacturing defect.

The manufacturer has the right to establish a warranty period for its products. During this period, he undertakes to repair the product free of charge or exchange it for a similar one. The period can range from one month to several years.

The seller has the right to extend the specified period. In this case, repairs, replacements and other costs required during the new period fall on his shoulders.

Manufacturers have the right not to specify the warranty period in the product instructions. But at the same time, Article 19 of the Law “On the Protection of Consumer Rights” provides the opportunity for a citizen to make a claim regarding its quality within a two-year period from the date of purchase.

It is important to know that the rule also applies to products for which the manufacturer has established a warranty that is less than that specified in the law.

Warranty service is the free elimination of detected defects, regardless of the availability of spare parts in the service center. If they are not available, they are ordered at the expense of the seller or manufacturer.

The warranty period starts from the date of purchase. If it was completed remotely (by phone or via the Internet), and delivery was carried out by Russian Post or courier, then the starting point will be the date of receipt.

There is a list of products for which the warranty begins at the beginning of the season. It includes some items of clothing and shoes.

Where do warranty repairs take place?

Where to go if you have done a poor-quality repair, read here.

How to get a free online legal consultation, read the link:

Phone repair claim

A claim requiring phone repair under warranty must be made in writing.

Please include the following information on the paper:

• information about the outlet: store name and address;
• buyer's personal data;
• statement of the claim: list of defects found, price of the product and date of contact with the seller;
• reference to legal provisions;
• requirements for the seller;
• date and signature of the buyer.

ATTENTION! View the completed sample application for free warranty repairs:

Procedure for filing a claim

After some time, a manufacturing defect was discovered in the purchased phone, and you decided to send it in for warranty repair.

Please note! To contact the SC you need:

• claim;
• warranty card, and in its absence - paper confirming the purchase;
• passport of a citizen of the Russian Federation.

An application requesting that the phone be repaired under warranty is sent to the receiver. On your copy, he puts a mark of acceptance, date, surname, position, signature, seal and entry number.

After the documents are transferred, the phone itself is transferred.

An employee examines it and draws up an acceptance certificate, which includes the following information:

• date of;
• buyer's personal data;
• receiver data;
• description of the phone indicating the manufacturer, model, color serial number, etc.;
• existing damage and malfunctions.

How to return your phone for repair under a warranty service agreement

What needs to be done in order to return the phone for repair under the manufacturer's warranty? Start by finding the box, sales receipt, and warranty card. The latter must contain information about the seller and the date of purchase, which are entered at the time of purchase and sealed with the seal of the retail outlet.

Without the evidence listed above, you may be denied warranty repair of your phone.

Often, large well-known phone manufacturers put forward a requirement for buyers: to return the phone for repair under warranty only with the included charger. However, it was not mandatory.

Among other papers included with the device, there is a list of service centers with addresses and telephone numbers. If you find a defect or your phone breaks down, it’s easier to contact the retail outlet where it was purchased. They must accept it and send it to a repair shop at the seller’s expense.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

First of all, experts check the functionality of the equipment and its condition. The buyer has the right to be present during the diagnostics, but this is not a mandatory condition. By taking advantage of this opportunity, you will have a better chance that the employee will correctly describe the actual condition of the phone in conclusion.

The examination begins with an external examination of the device, recording existing damage when detected. All cracks, scratches and chips are recorded, even those that were the result of physical damage. If there are no mechanical chips or cracks, the phone will be accepted by a specialist for repair.

Enter into an agreement with the office, which contains the period of repair work. When handing over the device under warranty, write a statement demanding that a similar model be provided during repairs. The parameters of the replacement phone must be similar to those of the purchased device.

Important! If the service center satisfies the buyer’s request, then you can use the temporary phone until the repair work is completed under warranty.

In what cases can you return your phone under warranty?

In what cases can you return your phone under warranty? You should know that by law the buyer has the right to return a product that does not fit for any reason within 14 days from the date of purchase. However, this does not apply to telephones that are in working order, since they belong to the category of technically complex devices, which are specified in the resolution “On approval of the list of technically complex goods” N 924 (valid from November 10, 2011).

Note! We can conclude that returning the phone to the store where it was purchased is allowed only if there is a malfunction. If this defect is a manufacturer’s defect, then you can return the equipment and get your money back only within the first two weeks after purchase.

In addition, some conditions must be met for the seller to accept the phone back and return the money for it, namely:

• the defect appears again after repair, which continues repeatedly;
• the detected malfunction will take a long time to fix or repairs will involve significant expenses;
• actual repair period is more than 45 days.

If a cellular communication product must be returned annually under warranty for repairs that last more than one month, then the device can be returned to the seller within two years from the date of purchase.

How long does it take to carry out repairs?

When choosing a new phone model, pay attention not only to its technical characteristics, but also to the manufacturer’s warranty.

Most well-known brands of mobile electronics claim that they are ready to repair or exchange goods for free within 12 months. What does this mean for the average buyer?

This commitment means that the company will repair the purchased product within a year. Repairs and maintenance during the warranty period are free for the buyer, except in certain cases.

Please note! List of services included in the guarantee:

• repair of the product or replacement with a similar one free of charge;
• When the device is returned for repair, the warranty period is extended by a number of days equal to the duration of the repair;
• issuance of a similar gadget for use for the period of repair (Clause 2 of Article 20 of the Law “On Protection of Consumer Rights”). This is required so that the client does not suffer from the lack of a cell phone;
• if the service center specialists were unable to return the device to working condition, then the communication device must be replaced with another with similar characteristics;
• The repair period should not exceed 45 days. This is the maximum period fixed by the state.

Not all buyers know the rights specified in the law. In particular, many do not understand the issues of warranty service for equipment.

The Law “On the Protection of Consumer Rights” contains a separate clause on the provision of a replacement mobile phone during repair. It must match the characteristics of the device delivered under warranty.

The manufacturer's service center must provide a replacement. The buyer writes a statement asking for a replacement. It is reviewed and satisfied within three days.

The company that refuses to satisfy this request will pay the buyer a penalty in the amount of one percent of the cost of the mobile phone for each day of warranty repair.

Consumer rights when a phone breaks down under warranty

Consumer rights when a phone breaks down are stipulated in the Law “On Protection of Consumer Rights”. The law allows for the possibility of exchanging a phone during the entire warranty period, and if such is not established, then within 2 years after purchase.

According to Art. 25 of the Law “On the Protection of Consumer Rights”, the exchange of technically complex goods, which includes a telephone, has its own characteristics.

In this case, a high-quality phone cannot be returned within 15 days after purchase if it does not suit the buyer in color, size, etc. (a list of technically complex products is contained here).

But if any shortcomings are detected, the consumer should rely on Art. 18. The Law “On Protection of Consumer Rights” in this case gives the buyer the following rights:

1. Demand termination of the sales contract and return of money.
2. Exchange an item for a phone of the same model without additional payment (even if its cost has increased since the date of purchase).
3. Exchange the phone for another with an additional payment or receiving compensation from the seller in the amount of the cost of the goods.
4. Demand free repairs and elimination of deficiencies.

Thus, the buyer has the right to compensate for losses incurred by him by purchasing low-quality equipment.

In order to state their demands, the buyer needs to take a passport, a warranty card and payment documents in the form of a sales or cash receipt (optional).

But the same Law “On the Protection of Consumer Rights” in Article 18 states that if the seller proves that the cause of the breakdown was improper operation of the product, then the buyer will be refused repair or replacement.

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What to do if warranty repairs were not carried out within the prescribed period

Most often, service centers go beyond the legal deadlines for repair work. Faced with such a violation, the buyer, guided by Article 23 of the Law, has the right to receive a penalty from the repairmen.

Its amount depends on the length of the delay and the cost of the device, and is calculated simply: penalty = price of the phone × 1% × number of days of delay.

If the company refuses to pay this amount, then this can be done through the court. In addition, if the repair deadlines are violated, Article 18 of the Law gives the buyer the right to demand an exchange, reduction in price or return of the product.

The buyer can receive a refund for the purchase after one month of the product being under repair, because during this period he cannot use it. This legal norm applies to all goods, not excluding technically complex ones.

Remember! The buyer can return the money paid or exchange the goods after filing a complaint in writing. It is written in the name of the seller and contains one of the above requirements. Don't forget to indicate the reasons for this.

The seller has ten days to satisfy the claim. If these deadlines are violated, file a claim in court.

When handing over a defective phone for repair under warranty, remember that the seller has a legal period for this action. If it is delayed, demand payment of a penalty for each day of delay. You can also return the phone to the seller and receive the money paid for it.

ATTENTION! Look at the completed sample claim for violation of the warranty repair period and payment of a penalty:

Watch the video. Warranty period for the product and its terms:

Legitimate reasons for refusal to repair under warranty

A legal basis for refusing to accept a faulty phone into a store is:

• expiration of the warranty period;
• mechanical impact on the phone;
• improper operation;
• improper use.

In all these cases, except for the first reason, the reason must be proven by examination. Therefore, if you are sure that the phone broke through no fault of yours, be sure to request an examination if the seller refuses to accept the goods.

Returning a phone after repair from the service

Having completed the repair of a defective phone, the service center, in addition to the working device, issues the client a report in writing. The paper may also be provided by the retail outlet where it was purchased.

Repair under warranty involves providing detailed reports on all operations performed on the phone.

Key points of the report:

• date, month and year of repair;
• description of the defect;
• what parts were replaced and operations performed to eliminate the malfunction, indicating dates;
• date, month and year of return from repair.

Refusal of warranty repairs by the service center

In practice, sometimes there are cases where a store or service center refuses to accept a mobile phone for warranty repair. Most often, employees refer to the fact that the buyer himself is to blame for the incident. If the operating rules are violated, the phone will be removed from warranty. Demand that the refusal be written in writing, indicating the reasons.

Clause 5 of Article 18 of the Law “On Protection of Consumer Rights” gives the buyer the right to demand a technical examination of the product. The application is made in writing and may contain an expression of desire to attend. The seller pays for it.

The expert's conclusion can be challenged in court. If the seller refuses to conduct the research, and the presence of a manufacturing defect is later established, he will be held liable for this offense.

ATTENTION! Look at the completed sample request for technical examination of product quality:

Algorithm for how to properly return a phone within 14 days after purchase

The algorithm for how to properly return a phone within 14 days after purchase is simple, but has some features. The procedure is as follows:

• drawing up a written complaint to the seller;
• if the claim is satisfied, you need to return the phone and receive funds for it;
• If the seller refuses to accept the product, you need to file a lawsuit.

Please note that the seller may insist on conducting an examination to determine the cause of the malfunction. By default, the seller pays for this, but if the examination proves that the fault occurred due to the fault of the buyer (he broke or burned the product on purpose), then the latter must forcibly pay all costs.

After the examination (if it revealed that the fault did not appear due to the fault of the buyer), a person can:

• receive money for a cellular communication product;
• exchange the phone for a similar one (with the same characteristics), but fully functional;
• get a model from another manufacturer in exchange for the product, but at an identical price (or with an additional payment);
• Give the phone for repair and wait for it to be completed.

The choice is entirely up to the buyer. The seller can only offer the best solution, in his opinion. If mutual agreement is not reached, then the buyer has the right to file a claim in court, guided by the law “On the Protection of Consumer Rights.” In this case, you can make demands for compensation for material damage, as well as moral compensation.

What to do if it breaks again

What should I do if, after repairs under warranty, my mobile phone breaks down again? After returning the device from the service center, the client is left with a paper with a report on the actions performed with it.

It displays the following information:

• date of application to the SC;
• phone malfunction;
• completed work, installed parts with dates;
• date, month and year of return of the repaired mobile phone to the owner.

According to the requirements of the law, the warranty period is extended by the number of days that the product was in the SC. What to do if the repaired device breaks down again? Mobile gadgets, due to their fragility and complexity of internal structure, often fail. The actions with a phone that breaks down again are almost no different from those described above.

Remember! If the warranty period has not expired, contact the service center or do a technical examination yourself. The cost of the procedure should not be a deterrent. If the guilt of the manufacturer or specialists from the service center is confirmed, expenses can be recovered from them through the court.

If the failure of the phone was caused by the repairman’s error, then you have the right to demand that the product be replaced with another or a refund. This is guaranteed by the Consumer Protection Law. You can appeal the seller's refusal to satisfy these requirements in court.

In this case, in addition to the due cost of the device, you will receive compensation for legal costs and moral damages.

What to do if your smartphone warranty repair is refused?

Unfortunately, in practice, guaranteed repairs are carried out in rare cases. In most cases, this is due to mechanical damage to the device. As it turns out during an expert examination, the phone failed due to the fault of the buyer himself.

Information regarding this obligation can be found in the documents and warranties of most manufacturers.

Important! Phone manufacturers provide warranty repairs only if the breakdown is due to a manufacturing defect.

At the service center you will hear a refusal if you used the phone incorrectly. Let's say your phone "bathed" in water. In this situation, warranty repairs are out of the question.

I would like to note that often the reasons for refusal of warranty repairs are not legal.

If you are denied repairs, but you are absolutely sure that it is illegal, request a certificate of work performed (in accordance with Article 18 of the Law on the Protection of Consumer Rights).

What does this document consist of? It contains information about the cause of the phone breakdown and its impact on the operation of the device.

Important! At your request, they did not issue a certificate of work performed - the reason for refusing warranty repairs was illegal.

Also, the refusal will be unfounded if the report contains information only about the cause of the breakdown. If you do not agree with the refusal, request an examination to be carried out in your presence.

The specialist will tell you the exact reasons for the breakdown and explain what may happen to the phone in the future. If it is proven that the service center refused to repair you on legal grounds, then you will have to pay for the examination (Article 18 of the Law “On Protection of Consumer Rights”).

Persistent buyers who are dissatisfied with the expert assessment can go to court and try to solve the problem in court.