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Warranty repair period referring to. What is the warranty period? How to get a refund for a phone under warranty after repair


It would seem, what difficulties can arise when handing over equipment for warranty repairs? Brought to the store, gave away, picked up after repair. In fact, everything is not so simple and there are nuances, ignoring which can result in a headache for the buyer. Today we will talk about how to properly hand over phones and household appliances for repair.

What is warranty repair?

One of the options offered by the law "On the Protection of Consumer Rights" in the event of defects in the product is the immediate removal of product defects free of charge. In other words, warranty repair. The law implies that this repair should be free for the consumer. That is, you do not have to pay for the repair work itself, nor for all the necessary spare parts and parts.

Shop or SC?

Few people know that a claim for free warranty repair can be submitted not only to an authorized service center, but also to the store itself. In practice, some stores may be cunning and redirect customers to a service center. By law, the choice between a store and a service center is up to the buyer.

If you are faced with a choice of whom to entrust the warranty repair of your equipment, pay attention to the following nuances:

  • territorial location - go to the website of the manufacturer of your brand of household appliances. In the "Support" section, look for a list of authorized service centers in your city. If there were none, and it’s too expensive to travel to another city, contact the store;
  • the presence of a replacement fund - check before handing over for repairs whether they can provide you with a product for the period of repair and which one;
  • how the delivery of bulky goods is ensured and whether it is possible for the master to come to the house.

If both the store and the SC are equally available, we recommend that you take the goods for repair through the store. In this case, the store will be responsible for all damage to your equipment and for all delays in terms. In the case of delivery to the SC directly, if the repair deadlines are violated, the store may refer to the fact that it did not send you to this service center and cannot bear full responsibility for its actions. Service centers, in turn, often refer to the fact that, under an agreement with the manufacturer, they do not refund money for goods or exchange for a new one in case of violation of the repair deadlines. Both can be challenged in court, but it is better to protect yourself from such controversial issues in advance.

Terms of warranty repair

According to the law, the defects of the goods declared by you, the store or service center must eliminate immediately, that is, within the minimum period objectively necessary to eliminate them, taking into account the commonly used method. The wording is not very successful and not sufficiently defined, but in any case, according to the law, the terms of warranty repairs cannot exceed 45 days. This period is counted from the date of delivery of the goods for repair (the day of delivery is not considered, the first day of the period will be the day following it). Within 45 days, the store and the service center are required not only to find the cause of the breakdown, but also to ensure the supply of the necessary spare parts and carry out repair work. In addition, it is during this period that the store and the SC must notify you of the completion of the repair.

If the prescribed 45 days have expired, and you still haven’t seen your equipment and haven’t been notified by the store about the readiness of the goods after repair, we recommend writing. Firstly, in it you can present another requirement (instead of repair), for example, a refund or an exchange for a new product (including a more expensive or cheaper one with recalculation of the price). Secondly, for each day of delay you can claim.

We hand over for repair

Delivery of equipment for warranty repair must be documented. The store or service center is obliged to issue you a receipt or an act of acceptance of the goods for repair. This act must include:

  • the name of the host organization or individual entrepreneur, contact addresses and telephone numbers - that is, a store or service center;
  • your full name, address, contact phone number;
  • product name, model, brand, serial number or IMEI;
  • description of the appearance of the goods (it is better to specify the presence of damage, scratches, abrasions in detail);
  • completeness of the goods - headphones, headset, charger, box, protective film, etc. Please indicate everything that you are transferring. By the way, if the factory packaging of the goods has not been preserved, the store and the SC still do not have the right to refuse to accept the goods for repair;
  • the purpose of receiving the goods is a warranty repair or quality check (if you do not need repairs, we recommend that you specifically state this in writing. Indicate that you are asking for a refund or exchange of goods);
  • the actual date of delivery of the goods to the store or SC - it is from it that all repair periods will be counted;
  • defects that you ask to check or eliminate (indicate in as much detail as possible all your claims on the quality of the goods so that the store or service center checks them all during repairs).

Upon delivery of the goods, you will also be required to have a cash or sales receipt for the purchase of equipment and a warranty card. Keep in mind that it is best to keep the originals of these documents if possible. If the store or SC fundamentally requires originals, be sure to make copies of the receipt and warranty card for yourself: you may need them in court if the repair situation is not resolved voluntarily.

Also keep in mind that, by law, the delivery of large-sized goods weighing more than 5 kg to warranty repair and back must take place forces and at the expense of the store (service center). If you are forced to carry the refrigerator for repairs yourself, be sure to keep receipts for payment for delivery services and movers. These amounts are your losses and must be reimbursed by the store or service center.

Even if your defect is not confirmed, the store or service center does not have the right to demand that you reimburse the costs of shipping the goods and paying for the “exit of the master”.

Not all buyers know that for the period of warranty repair, you can ask for the so-called "replacement fund". It's free. To receive goods from a replacement fund, it is enough to write an application in any form addressed to the store manager or SC with a request to provide free replacement goods for use during the repair. A product with the same basic consumer properties as your equipment must be provided to you within 3 days from the date of application.

Of course, the law does not oblige stores and service centers to provide replacement plasma, iPads or expensive touch phones for the duration of the repair. Therefore, a store or SC can provide a simple cell phone or a regular TV. However, the absence of a replacement fund is a violation of consumer rights. If you were refused the issuance of goods for use during the repair, you can complain about the actions of the store or the SC to Rospotrebnadzor and ask for a penalty in the amount of 1% of the cost of the goods for each day of delay in providing a replacement fund ().

Remember also that there is a list of goods for which stores and SCs have the right not to provide a replacement fund(Decree of the Government of the Russian Federation No. 55 of 19.01.1998):

  • cars, motorcycles and other types of motor vehicles, trailers and numbered units for them, except for goods intended for use by the disabled, pleasure craft and watercraft;
  • furniture;
  • electrical household appliances used as toilet items and for medical purposes (electric shavers, electric hair dryers, electric hair curlers, medical electric reflectors, electric heating pads, electric bandages, electric blankets, electric blankets, electric brush hair dryers, electric hair curlers, electric toothbrushes, electric hair clippers and other devices having contact with mucous membranes and skin);
  • household appliances used for thermal processing of products and food preparation (household microwave ovens, electric ovens, toasters, electric boilers, electric kettles, electric heaters and other goods);
  • civilian weapons, the main parts of civil and service firearms.

Getting out of repair

If your repair was completed within the stipulated time, when returning the goods from repair, be sure to check the following points:

  • right on the spot, check the appearance of the goods, completeness. If there are scratches or dents on the body that were not specified during the delivery, or if any of the components is lost, immediately inform the receiver about it. It is also advisable to immediately submit a written application for the elimination of such damage or the issuance of replacement components instead of the lost ones;
  • ask for the original purchase receipts and warranty card to be returned to you;
  • ask for a certificate of acceptance of work, which should indicate the actual terms of the item being repaired, the identified shortcomings and a list of repairs performed (including replaced spare parts).

Be sure to keep all warranty repair certificates or keep copies of them if the originals are required by the store or SC. By law, for the time the product is being repaired (i.e. from the moment of delivery until the moment it is returned to you), the warranty period is extended. In case of disputable situations, it is with these acts that you can prove the period for which the warranty period of your equipment has been extended. In addition, for technically complex goods, in order to claim a refund for a purchase, sometimes you need to prove that this particular problem has already been fixed by you under warranty or for several repairs within 1 year you have run more than 30 days. Warranty certificates will also help you with this.

Or maybe you can do without repair?

In some cases, the buyer can indeed refuse warranty repairs and immediately demand a refund. If your product does not belong to, then if there is any manufacturing defect, you can ask for a refund or demand an exchange for a new product. Some stores mislead customers and report that they can only offer the buyer a repair. In this case, we recommend that the buyer write to the store a claim for a refund or exchange of goods, because the right to choose the requirement that is presented to the store belongs to the consumer. The store is not entitled to impose warranty repairs instead of other options.

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When can I apply for a warranty repair?

Article 19 of the Law "On Protection of Consumer Rights" No. 2300-1 clarifies that the warranty period is established by the documents received by the client during the purchase and sale transaction.

Such documents are the passport of the goods or the contract of sale. If this is retail, then the term is on the cash receipt or sales receipt.

Remember! The warranty period begins from the moment the goods are delivered to the consumer. An exception to this rule is seasonal items (clothes, shoes), for them the expiration date starts counting from the beginning of the season for which it is intended.

There are cases when the date of purchase is not in the documents and it is not possible to determine it, then the countdown starts from the moment the item was manufactured.

If there is no specific warranty period, then the product has a warranty period established by law in the amount of 24 months from the date of purchase of the product. In case of damage to the goods, the seller will be obliged to repair the goods.

Some Features

An analogue of repair in case of detection of defects in the product is the replacement with the same product, only of a different brand. In the event of a price difference between the purchased product and the equivalent for replacement, the seller recalculates the cost. If necessary, the consumer pays the required amount or receives part of the cost.

Household and automotive appliances, in addition to the general warranty period for the goods, also have warranty periods for spare parts. This period is valid if new parts are installed during the repair of the goods - for them the warranty period begins to be calculated from the beginning.

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

Is a warranty repair required?

If the product still has a warranty period, and it breaks at this time, this does not mean that repairs must be made. In this case, the consumer can make a choice and, instead of warranty repair, return the product with a malfunction back.

Please note that the period for returning a purchase is much less than the warranty period for it. And if it is missed, then it will not be possible to return the goods, so you should not refuse to repair under warranty. The term for correcting defects in complex goods is 24 months.

Please note! If the product needs repair, it is better to use the warranty, because the warranty period will be extended with each repair.

Let's deal with the concepts of primary and secondary repairs, because they are so tightly included in the everyday life of consumers. For example, a malfunction was detected in a smartphone: it does not see the SIM card, because of this it cannot be used for its intended purpose. After contacting the service center, it was repaired (primary repair).

A month later, the smartphone again found this malfunction. The next correction of the marriage will already be considered secondary. Although if a smartphone is brought, for example, with the volume button sticking, then such a repair will be considered primary, because this malfunction will be corrected for the first time.

Keep in mind that secondary repairs are free of charge, and after that the consumer has a reason to replace the product or return it to the seller even after the return period has expired.

Please note that the warranty period for the spare part does not affect the overall warranty period for the product. In the case of a complex product, the warranty periods for its components differ from each other.

Repair of the same part repeatedly indicates that the product is defective. To return, you only need to submit documents confirming the work.

When a product is not legally repairable

By the way, the presence of a coupon for warranty service does not always indicate that the repair of goods of inadequate quality was carried out.

Important! There are cases when the service repair center fails, and there may be the following legal grounds for this:

  • in the event that the goods were defective at the time of purchase. Some stores, in case of minor flaws in the product, put it up for sale at a discount. These shortcomings, for example, chips, scratches, dirt, dents are described in detail in the documents for the goods or in the contract. In the case of the purchase of such a product, the consumer is not entitled to free repairs to eliminate these shortcomings, because he knew about them and agreed to purchase;
  • if the defect occurred after misuse. Therefore, before use, you need to study the instructions for use of the product and comply with it. In case of violation of the prohibitions specified in the instructions, the product may be broken, and in this case, the warranty repair will be denied to the consumer. For example, if you allowed an electronic device to be exposed to water, so if this fact is discovered, you will be denied repair;
  • in case of carelessness to the product, for example, the use of the tablet by children, this can lead to damage: they spilled juice on it, knocked on it, dropped it, etc. In this case, there will be no warranty repair, and the consumer will have to pay for the work performed;
  • when the consumer tries to fix the problem on his own, and the service center employees discovered this interference. Damage to the seal means the end of the warranty period;

How to arrange the delivery of goods for repair work

In order to hand over the goods for warranty repair, act competently and correctly. Remember that there can be no oral agreements with the seller, because they are not documented and cannot be evidence in court. As the saying goes, you can't sew words to deeds.

Before handing over the goods for warranty repair, you need to require the execution of the necessary documents. For example, a check, receipt, receipt of receipt or other documents that confirm receipt of the goods by the service center or the seller.

When submitting a product for warranty repair, do not hesitate to check the documentation.

The certificate of transfer of goods under warranty must contain the following:

  • the name of the organization that accepts the goods, as well as the contact details of this organization;
  • consumer data: last name, first name, patronymic, contact phone number for communication;
  • name of the type of goods, its technical characteristics;
  • a description of the appearance with all the damage, you can even attach a photo;
  • complete set, which is transferred along with the goods. Detailed description of the equipment;
  • remember that the lack of packaging or box is not a reason to refuse acceptance for warranty repairs;
  • the purpose for which you contacted the organization: to carry out warranty repairs, conduct a quality examination, refund money or replace the goods. If there is no need for repairs, this must be indicated in the act;
  • the actual date of contacting the organization and delivery of the goods. From this date, the period for which the work must be completed will be counted;
  • indicates the presence of all defects that need to be corrected or checked (the description should be detailed for a more detailed check by the contractor of the shortcomings).

When purchasing goods at a point of sale, there is no need to rush to get rid of payment documents confirming payment for the goods. In the case of putting things in warranty repair, this is the first thing they will ask. A warranty card is also required.

Remember! When you hand over the goods for warranty repair, both you and the organization accepting the goods must have all the documents, so take photocopies of all documents and keep the originals with you, and give the copies to them.

If the host organization asks for original documents, you can keep copies for yourself. These photocopies will be required when applying to the court.

Remember, if the weight of the goods exceeds 5 kilograms, then it is classified as a large-sized product, so you can require the seller to deliver the goods on their own for repairs under warranty or for an examination.

Watch the video. Expiration date, service, warranty period:

Terms of repair under warranty

When a defect is found in the product during the warranty period, the consumer is entitled to request a free correction of the defect or repair.

Article 20 of the Law "On Protection of Consumer Rights" states that the period for carrying out repairs under warranty can be determined as follows:

  • if there is no agreement in writing between the parties, repairs are carried out immediately. The minimum period for this period is carried out objectively based on the complexity of the repair to correct defects. The maximum period in accordance with the law is 45 days. The maximum period applies to all groups of goods;
  • if the parties have entered into an agreement in writing, then in accordance with it, it is possible to establish other terms for carrying out repairs at their discretion.

Please note that an extension of the warranty repair period may be dictated by the fact that the service center does not have the necessary parts to replace in a timely manner.

Although if the service center does not have the necessary parts, this cannot be considered a good reason for violating the deadlines or extending them. And only the repair period is subject to extension only with the consent of the consumer.

For the period of repair work, the consumer is provided with a similar product for use.

The legislator does not give an indication of the days in which the warranty repair period is calculated. Although, in accordance with Article 190 of the Civil Code of the Russian Federation, the terms established by transactions are calculated in calendar days or must be determined by a specific date.

Attention! The only case of extending the 45-day period can only be if the last day of the period falls on a non-working or public holiday.

As already mentioned, for the period of repair, the consumer has the right to demand the provision of a similar item with similar characteristics and functions for use. Such a requirement is put forward within three days after the start of the repair, although there is a list of goods that are not provided for temporary use.

In order to confirm the period for warranty repairs, the consumer must have a supporting document:

  • order-outfit;
  • act of acceptance of goods;
  • receipt and more.

Regardless of the name, it contains the following:

  • information about the start date of repair work under the warranty card;
  • a complete description of the item to be repaired, including any defects;
  • Full name of the client and the contractor;
  • signatures of persons;
  • deadlines for repairs.

In the case when the period is not specified, or the consumer has not received supporting documents, then the maximum period will be 45 days. Although if there is no confirmation, it will be difficult to prove that the goods were sent for repair.

What to do if the goods are not restored within the stipulated time

If the deadlines for repairs under the warranty are not met, in this case the client has the right to demand payment of a penalty in accordance with Article 23 of the Consumer Rights Protection Law.

Penalty (forfeit) is equal to 1% of the value of the goods for each day of delay from the repair. The penalty can be collected in two ways: in a judicial and voluntary manner.

Also, if there is a violation of the terms, the consumer has the right to demand a replacement of the goods, a refund or a commensurate reduction in cost (Article 18 of the Law "On Protection of Consumer Rights").

Moreover, the right to demand the money paid back from the consumer appears a month after the start of repair work, this is due to the fact that he cannot use the goods during this time. This rule applies to any group of goods.

Important! In order to return the money for the purchased product or exchange it for an analogue, the consumer needs to make a claim addressed to the head of the outlet, which indicates the requirements, supported by the grounds.

And these requirements must be met within ten days. In case of violation of this period, the consumer has the right to appeal to the court.

If a product that does not match in quality was handed over for repair under warranty, the consumer needs to remember the deadlines that are set for this.

If the terms of repair are violated, the consumer has the right to collect a penalty from the service center that carries out repair work, as well as to return the goods and return the money for it.

Pre-trial settlement of the problem

In case of violation of the terms intended for carrying out repair work under the guarantee, it is necessary to write a claim to the service center that carries it out and demand payment of a penalty.

Like any claim, it does not have a specific form, but must contain the main elements:

  • the name of the organization that carried out the repair work under the guarantee (address, TIN and other data of the organization);
  • Full name of the client who handed over his goods for repair (details, contact details, phone number and address);
  • name of the document type;
  • information about the concluded transaction, according to which its non-fulfillment requires the payment of a fine;
  • a list of violations with references to the contract;
  • confirmation of the performance of the contract on its part;
  • the period for which the penalty must be paid;
  • unfulfilled obligation in monetary terms;
  • the amount of the penalty and the final calculation;
  • the reasons that served as the basis for this requirement (contract or law);
  • warning about subsequent actions that will follow the counterparty's failure to fulfill the requirement;
  • applications. All documents that are necessary to confirm all the circumstances specified in the claim.

Remember! The claim is submitted in person or by mail (registered letter with notification) in cases where the recipient refuses to accept it against signature, or it is not possible to personally hand it over.

If there is no answer within ten days, write a statement of claim to the court.

ATTENTION! View the completed sample claim for violations of the warranty period:

Complaint to court for recovery of damages

To write a statement of claim, it is necessary to study the norms of the Code of Civil Procedure of the Russian Federation, namely articles 131-132.

The statement of claim is submitted only in writing and contains the following elements:

  • hat. Name of the court, last name, first name, patronymic, name of the legal entity and contact details of the plaintiff and defendant;
  • name of the document type. In this case, "A statement of claim for the recovery of fines";
  • the text of the claim describes in detail the whole situation with specific numbers and amounts. Preferably with references to the current legislation and the agreement of the parties;
  • claims against the defendant, with the calculation of the amount of the claim;
  • applications. All documentary evidence is listed and attached in quantity according to the circle of persons;
  • signature and date of issue.

If the penalty is less than 50 thousand rubles, then the claim will be considered by the world court in the first instance. Otherwise, the claim is filed with the arbitration court.

The claim is filed at the location of the defendant or at the place of conclusion of the agreement, the obligations under which are not fulfilled.

The consumer, when filing a claim related to the protection of consumer rights, is exempt from paying the state duty if the amount of the claim is less than 1 million rubles.

To begin with, let's understand the concepts so as not to confuse the warranty period and the warranty repair period.

The warranty period is the period of time during which, in the event that the consumer discovers defects in the goods, the seller is obliged to satisfy his requirements, provided for in Article 18 of the Law on the Protection of Consumer Rights

The above article includes a number of requirements, including "free elimination of defects in goods."

Warranty repair of a car is the satisfaction of the consumer's demand for the free elimination of defects in the car during the warranty period.

The warranty repair period for a car is the period of time, in accordance with the Consumer Protection Law, between the presentation of a claim for the elimination of defects in the car under warranty and the return of the car after repair.

Article 20 of the Law of the Russian Federation "On Protection of Consumer Rights" provides for the following repair periods under warranty:

  • Immediately.
    If, when handing over the car, the duration of the repair is not indicated anywhere in the documents, then according to the law it must be carried out immediately, that is, within the minimum required period.
  • Deadline agreed by the dealer and the car owner in writing
    If the dealer does not have the opportunity to correct the defects immediately, he can agree with you the time he needs, for example, in the work order. Please note that it cannot exceed 45 calendar days.

How is the warranty period agreed?

Consider several options for how you can be offered to agree on the duration of the repair.

The period is not specified or a period not exceeding 45 days is specified.

Such cases are rare, but they do occur.

As we said above, if the duration of the repair is not indicated at all, then you must do everything immediately. If the duration is specified, then the repair should not take longer.

What to do: You can do nothing.

The repair order immediately indicates the repair time of 45 days.

Very often, a dealer (car service), taking advantage of the ignorance of the consumer, indicates 45 days in small print in the work order.

At the same time, a shorter repair time can be stated in words, and 45 days is just the maximum. Thus, the dealer insures itself against liability.

What to do: study all the documents that you are given to sign. If you see 45 days in them, you can safely cross them out and write that the repair is carried out in accordance with article 20 of the Consumer Rights Protection Law - immediately.

It is possible that the employees of the dealer station will not allow you to make changes to the work order.

What to do: write a free-form application for the elimination of deficiencies and hand it over to the dealer against signature, and send a duplicate by mail: a valuable letter with a list of attachments and a return receipt.

In the application, indicate that the shortcomings of the car must be eliminated immediately. It is better to specify a specific number of days. According to our practice, for repairs of any complexity, no more than 5 are needed.

A sample request for the elimination of defects in a car under warranty can be

The delivery order specifies a period of more than 45 days.

A common violation of consumer rights is the establishment of a warranty repair period exceeding 45 days. You should not be afraid of this, since such an agreement has no legal force.

It may also say "45 working days". This is also a violation and has no effect, since the law establishes a period in calendar days.

What to do: If you notice illegal conditions in time, then use the tips above. If the documents have already been signed, then you need to follow the general rule - the repair period cannot exceed 45 days.

The warranty repair period is specified in the sales contract.

The seller often sets a warranty repair period of 45 days directly in the sales contract.

This condition may be legally enforceable, but only if the car is being repaired under warranty by the seller.

According to the lawyers of the Consumer Rights Protection Society, it is illegal for the seller to set a warranty repair period in the sales contract. According to the meaning of the law, the time to eliminate the defects of the car is agreed upon by the consumer and the dealer in relation to each specific defect and only after its discovery, and not at the time of the conclusion of the contract of sale.

How is the warranty period calculated?

The subject of litigation is often the definition of the day from which the period of warranty repairs should be calculated.

One of the most common cases: the consumer has filed a claim for the elimination of a defect under warranty, and the dealer offers to sign up for a repair in a couple of weeks or a month. He can motivate this, for example, by the lack of spare parts necessary for repair or by a queue.

When does the warranty repair start in this case: from the moment the claim is made or from the moment the car is handed over?

Dealers in court take the position that the deadline is not violated, since the repair was not even started, and the consumer did not provide the car.

However, regardless of these or any other circumstances due to which the warranty repair was actually started later, the period is calculated from the moment the consumer applies.

Article 20 of the consumer law directly indicates that the lack of spare parts, parts, materials and equipment from the contractor is not a basis for increasing the duration of warranty repairs.

Important!
The law establishes a period not for the implementation of technical repair actions, but for satisfaction of the consumer's demand for the elimination of deficiencies free of charge.

This may include quality control, and examination in the event of a dispute about the causes of the deficiency, and the supply of spare parts necessary for repair and the release of a specialist from the hospital.

At the same time, the absence of a car from a dealer is not a basis for releasing him from liability.

This conclusion is confirmed by our jurisprudence in disputes on warranty repairs of a car.

“.. The defendant's reference to the fact that the troubleshooting was not carried out due to the fact that the plaintiff did not provide the car to the service center cannot be taken into account, since R-Motors LLC offered to replace the HMI module after the 1 article 20 of the Law of the Russian Federation "On Protection of Consumer Rights" 45-day period for the elimination of deficiencies. Previously, the plaintiff was not asked to present the car to a service center for repairs.

Violation of the warranty period for the car

The period of warranty repair is considered violated after the expiration of:

  • the minimum period objectively necessary for the repair;
  • the period agreed by the dealer and the car owner in writing, but not more than 45 days

If the duration of the repair turned out to be longer, the following consequences occur:

  • You can demand a penalty from the dealer in the amount of 1% of the car price for each day of delay. With a car price of 1.5 million rubles. it will be 15,000 rubles. in a day
  • You can demand a replacement car or a refund for it
  • You can claim compensation for non-pecuniary damage
  • The dealer must reimburse you for all damages, including car rental and legal fees.
  • In the event that the case goes to court, the dealer will also be fined: the court will add another 50% to all amounts recovered in your money. When recovering money for a car worth 1.5 million rubles. you will be awarded an additional 750,000 rubles.

Many lawyers would now argue with us and say that under such conditions it is impossible to return the money for the car. But case law confirms our position:

“The seller’s violation of the deadlines for eliminating the shortcomings of a technically complex product specified in Article 20 of the Law of the Russian Federation “On the Protection of Consumer Rights” is an independent basis for the consumer to submit claims to refuse to execute the contract of sale and to return the amount of money paid for the goods. The presentation of such claims by law is not due to the materiality of the defects, nor the impossibility of using the goods for their intended purpose, nor the establishment of the seller's guilt in the reasons for the violation of the deadlines for eliminating the defects of the goods.

From the Ruling of the St. Petersburg City Court No. 33-16586 of 09/12/2016

The following follows from the above judgment:

  1. If the period of warranty repair is violated, this is enough to require a replacement car or a refund for it.
  2. The materiality of the defect, the impossibility of use, the fault of the seller do not matter here

Refund is your right. You can always wait until the end of the repair and demand payment of a penalty for the delay period allowed by the dealer.

Important!
When presenting any requirements, pay attention to who they can be presented to. This may be a seller, importer, authorized organization and others. A complete list of restrictions is contained in Article 18 of the Law on Consumer Rights Protection.

When submitting claims to an organization authorized by the manufacturer, it is necessary to check whether the person who accepts your claim (requirement) has the necessary authority. Such powers are contained in the so-called dealer agreement. This is an agreement between the manufacturer and a legal entity in the territory of the Russian Federation that provides maintenance and repair of cars, as well as accepting claims.