In what days is the repair period “under warranty” calculated – working days or calendar days?
Article 190 of the Civil Code of the Russian Federation “Determination of the period” states: “The period established by law, other legal acts, transaction or appointed by the court is determined by a calendar date or the expiration of a period of time, which is calculated in years, months, weeks, days or hours.” Also, the stipulated period may be established by indicating an inevitable event.
Based on this explanation, the duration of the warranty repair period is measured in calendar days.
The seller refuses to honor the warranty
The store sometimes refuses warranty service due to lack of funds for repairs, an agreement with the manufacturer, or citing another reason. In this option, the buyer has the right to return his own financial resources that were spent on the purchase of a refrigerated cabinet. After writing an application demanding a refund of monetary compensation, the store is obliged to complete this action within the next 10 days.
In addition to the option of refusing service under warranty, the seller is also able to appoint an examination, which is required to identify the exact cause of the malfunction and defect of the unit. When a breakdown occurred due to the actions of the consumer, no repairs, refunds or exchanges for other equipment will occur. When the blame is shifted to other parties - the transport company, supplier or manufacturer, the store is obliged to perform a full range of repair services.
Know! If the defects of the product are eliminated, the warranty period for it is extended for the period during which the product was not used. The specified period is calculated from the day the consumer applies with a request to eliminate defects in the product until the day it is issued upon completion of the repair. When issuing the goods, the manufacturer (seller, authorized organization or authorized individual entrepreneur, importer) is obliged to provide the consumer in writing with information about the date of the consumer’s request to eliminate the defects discovered by him in the product, the date of transfer of the goods by the consumer to eliminate the defects of the product, the date of elimination of the defects the goods with their description, the spare parts used (parts, materials) and the date of delivery of the goods to the consumer upon completion of the elimination of the defects of the goods. P 3 Article 120 of the Law on Protection of Consumer Rights...
When a store refuses to carry out any work, they file a lawsuit. In most cases, when the truth is on the consumer’s side, the law protects the buyer’s rights.
Warranty period from a legal point of view
Article 471 of the second part of the “Civil Code of the Russian Federation” dated January 26, 1996 No. 14-FZ establishes the beginning of the warranty period, which coincides with the moment the goods are transferred to the client. Alternatively, the onset of the warranty period is regulated by the concluded sales contract.
If the moment of transfer is not determined by the documents, the “guarantee” starts on the day of manufacture. In the case when the purchase is delivered by mail, the required time period begins from the day the goods are transferred to the final consumer.
It is separately stipulated that the warranty period is interrupted for as long as the buyer is unable to use the purchased product for reasons arising through the fault of the seller. Moreover, in order for the “guarantee” to extend, the client is obliged to notify the contractor or seller of the defects of the product in the manner prescribed by law. A special case of this “impossibility of use” is the need for special assembly or connection, which is handled by the supplier.
As for seasonal goods (for example, clothing or shoes), the warranty period begins from the first day of the relevant season , as determined by law depending on the climate zone.
If the breakdown does not occur with the main unit or basic unit of the product, but with a component part, then the warranty period for the individual element begins simultaneously with the warranty for the basic item or in accordance with the terms of the sales contract.
Sometimes the seller provides the client with an adequate replacement for the damaged product during the warranty repair period. In this situation, the warranty period for the replacement product is determined in the same way - in accordance with the provisions of the law or the terms of the agreement signed between the seller and the buyer.
Returning to the store a refrigerator that breaks down for the third time during the warranty period.
The refrigerator was purchased in 2021. 3 year warranty, during the warranty period the same part breaks for the third time. The last time they refused to repair, the repairman took the broken part and issued a certificate of refusal to repair. The previous two times repairs were carried out, the master did not leave any documents, only the service center took away the guarantees. Now, in order to return the refrigerator, the Store requires documents confirming all repairs. But the service center does not provide these documents. How to proceed, which articles to refer to? Thanks in advance.
You can prove it with the testimony of witnesses, go to court. Based on Art. 18 of the Law on Protection of Consumer Rights, Art. 131-132 Code of Civil Procedure of the Russian Federation. Call witnesses. Art. 69 Code of Civil Procedure of the Russian Federation
Establish the facts of the repair.
The store does not have the right to demand all documents about previous repairs if there is a refusal to repair, for the following reasons.
According to Art. 18 of the Law on the Protection of Consumer Rights, in relation to technically complex goods, a refund is possible in one of the following cases:
detection of a significant defect in the product;
violation of the deadlines established by this Law for eliminating product defects;
the impossibility of using the product during each year of the warranty period in total for more than thirty days due to repeated elimination of its various deficiencies.
That is, the last time you applied for repairs, you were denied your legal right. In this regard, you have the right to demand a refund of the amount of money paid for the product, regardless of the result of previous repairs.
Write a written complaint demanding a refund, citing the reasons stated above. If you refuse, go to court.
Submit a written claim for termination of the sales contract and return of money on the basis of Art. 18 of the Law of the Russian Federation “On the Protection of Consumer Rights”:
In relation to a technically complex product, if defects are discovered in it, the consumer has the right to refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for such a product or make a demand for its replacement with a product of the same brand (model, article) or with a different product. brand (model, article) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer of such goods to the consumer. After this period, these requirements must be satisfied in one of the following cases:
detection of a significant defect in the product;
violation of the deadlines established by this Law for eliminating product defects;
the impossibility of using the product during each year of the warranty period in total for more than thirty days due to repeated elimination of its various deficiencies.
Since the breakdowns occurred during the warranty repair period, you are not required to prove the breakdown. Refer to Art. 476 of the Civil Code of the Russian Federation.
Civil Code of the Russian Federation Article 476. Defects of goods for which the seller is responsible
1. The seller is responsible for defects in the goods if the buyer proves that the defects in the goods arose before its transfer to the buyer or for reasons that arose before that moment.
2. In relation to goods for which the seller has provided a quality guarantee, the seller is responsible for defects in the goods unless he proves that the defects in the goods arose after its transfer to the buyer as a result of the buyer’s violation of the rules for using the goods or storing them, or the actions of third parties, or force majeure.
Good day Natalya
Due to the fact that you were refused repairs, you have the right to go to court in accordance with Article 131 of the Code of Civil Procedure of the Russian Federation with a claim for a refund or replacement of the product with reference to the Federal Law “On the Protection of Consumer Rights”
During the process, submit a petition for an examination under Article 79 of the Code of Civil Procedure of the Russian Federation, with the permission of which to raise questions about who, where and when the repairs were carried out. If you are found guilty of selling you a low-quality product, you will be required to replace the product or return your money. You can also recover damages under Article 15 of the Civil Code of the Russian Federation
You can, of course, bring in witnesses, as you are advised here, because... according to Part 1 of Article 56 of the Code of Civil Procedure of the Russian Federation, “each party must prove the circumstances to which it refers as the basis for its claims and objections, unless otherwise provided by federal law,” and according to Article 69 of the Code of Civil Procedure of the Russian Federation, witnesses can testify in court, i.e. .To. bear, according to Article 307 of the Criminal Code of the Russian Federation, criminal liability for giving knowingly false testimony.
HOWEVER, if there is a certificate of refusal to repair, then this is more than enough for you to return the money for a technically complex product of inadequate quality with a significant flaw. A refrigerator is a technically complex product, the list of which, in accordance with the last paragraph of paragraph 1 of Article 18 of the Law on the Protection of Consumer Rights (hereinafter: the Law), is approved by Government Decree, namely by Decree of the Government of the Russian Federation of November 10, 2011 N 924. In accordance with the same Article 18 of the Law, after 15 days after delivery, such goods can be returned or exchanged only in three cases:
1) detection of a significant defect in a product (a significant defect in a product (work, service) is an irreparable defect or defect that cannot be eliminated without disproportionate costs or time, or is detected repeatedly, or appears again after its elimination, or other similar defects);
2) violation of the deadlines established by this Law for eliminating product defects (according to paragraph 1 of Article 20 of the Law - a maximum of 45 days, unless there is an agreement to the contrary);
3) the impossibility of using the product during each year of the warranty period for a total of more than thirty days due to repeated elimination of its various deficiencies.
In your case there is a significant drawback, i.e. a fatal flaw, which is, in principle, enough to make a demand for a refund. So, present a claim to the seller, and in case of refusal, go to court by filing a statement of claim in court in the manner prescribed by Articles 131-132 of the Code of Civil Procedure of the Russian Federation. Good luck in resolving your issue!
If the service center does not provide these documents, then in order to return the refrigerator you will have to go to court on the basis of Article 3 of the Code of Civil Procedure of the Russian Federation and Articles 18 and 19 of the Law of the Russian Federation on the Protection of Consumer Rights
You can confirm the fact of repairs with the testimony of Article 69 of the Code of Civil Procedure of the Russian Federation. You also have the right, on the basis of Article 57 of the Code of Civil Procedure of the Russian Federation, to file a petition in court for the court to request documents from the service center confirming the repair of the refrigerator. The court, based on your petition, will make a request to the service center cent on requesting documents
What is “warranty repair”
Article 18 of the Law of the Russian Federation “On the Protection of Consumer Rights” describes the rights of the consumer in the event of detection of defects in the purchased item. Among other things, the customer has the right to “demand immediate, free of charge elimination of defects in the goods or reimbursement of the costs of their correction by the consumer or a third party.” We are talking about “warranty repairs”.
How long can repairs “under warranty” last?
The duration of warranty repairs is determined by agreement between the buyer and the seller, but cannot exceed 45 days specified by law. How is the term determined in cases where the terms of the contract do not stipulate this? The law uses the wording “reasonable time”. What this means is sometimes determined in court. Sometimes we are talking about seven days from the date of presentation of demands to eliminate deficiencies (clause 2 of Article 314 of the Civil Code of the Russian Federation).
Warranty repairs are carried out during the warranty period determined by the purchase and sale agreement. The period may vary, but consumers should be aware that they can contact the seller with claims regarding defects in the purchase within two years from the date of purchase of the product, even if the warranty period under the contract lasts less than or more than 2 years.
True, in this situation, the buyer will need to prove that the defects arose before the transfer of the goods to the client or as a result of a manufacturing defect, as well as other reasons for which the seller is responsible.
The buyer has no right to make claims regarding the quality of the product or contact the seller to eliminate defects if any are discovered after the expiration date.
Repeated repairs under warranty
When purchasing a product, the consumer hopes for its high quality and the integrity of the seller and manufacturer. However, even new products have manufacturing defects or hidden damage caused during transportation or storage. Revealing that a purchase is faulty or handing it over for warranty repairs can ruin everyone’s mood.
This process takes time and nerves. And if you consider that both sellers and manufacturers are in no hurry to repair things at their own expense, and in every possible way try to blame the consumer for breakdowns by ordering dubious examinations, then you can expect a repaired product for months. If a product still appears defective, the desire to exploit it disappears altogether.
The Federal Law “On the Protection of Consumer Rights” does not establish the number of requests from the buyer to the seller due to warranty repairs of the product. A low-quality product can be returned at least 10 times if defects appear in it one after another.
