Household appliances are becoming more and more complicated every year. It’s not always possible to repair even an ordinary iron on your own, let alone something more serious. But this does not mean that if, for example, a TV breaks down, you need to immediately go to the store and buy a new one. The design principle of all devices currently has a modular structure. That is, by replacing a module containing a damaged part, you can restore the device. But since we are talking about TVs, the problem is to find the cause of the breakdown, find the necessary part, and then replace it.
Thanks to marketing campaigns from appliance manufacturers, repairs are not considered a popular activity. The user is instilled with the idea that if the TV fails, he must immediately buy a new one. And this despite the fact that repairing an existing one will cost much less. And if the warranty has not expired, you should contact the service center for free repair or replacement.
If the warranty period has nevertheless expired, then you should contact a TV technician to solve the problem, since independent repairs carry the risk of complete failure of the television receiver.
Of course, sometimes repairing a breakdown can be very expensive. It all depends on its type. For example, replacing a broken screen for an LCD TV can exceed half the cost of the TV itself. In this case, it really makes sense to think about buying a new device. But such problems happen infrequently; usually you may encounter a burnt-out power supply, deterioration in signal reception quality, or loss of sound. All such breakdowns can be dealt with by a specialist at a relatively low price.
Therefore, it is still worth spending a certain amount to call a specialist who understands the operating principles of the device and can with 100% probability identify the damage and eliminate it, whereas solving such a problem on your own may simply be physically impossible. Because many parts for TVs are simply not available for direct sale.
Therefore, if the TV fails, first of all it is worth finding out whether there is a possibility of warranty repair. If this is not possible, then there is no need to try to open it and repair it yourself, since this action can only aggravate the problem. Instead, you should find a reliable equipment repair shop whose specialists will carry out the necessary work.
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What should you do if, after filing a claim with the seller/service center or submitting your phone for repair during the warranty period, you receive a refusal with the approximate wording “removed from warranty / warranty canceled because the consumer violated the operating rules or / traces of liquid ingress were found in the device, / or traces of mechanical damage were found, which led to (description of the malfunction)",
but you are absolutely sure that you did not violate the operating rules.
1. Don't despair!
2. If the seller only conducted a quality check, then you can safely demand an examination. If he avoids carrying it out, well, to hell with him. It is not needed to restore consumer rights.
If the seller has not carried out an examination, then the circumstances have not been proven to exempt him from liability for the defect. (If necessary, the court itself may order an examination).
PLLA Article 18, Clause 5 “In the event of a dispute about the reasons for the occurrence of defects in the goods, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer is obliged to conduct an examination of the goods at his own expense.” You have the right to be present during its conduct. But it is necessary to keep in mind that “If, as a result of an examination of a product, it is established that its defects arose due to circumstances for which the seller (manufacturer) is not responsible, the consumer is obliged to reimburse the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer for the costs of carrying out the examination, as well as the costs associated with its implementation for storage and transportation of goods” Article 18, paragraph 5 of the PLLA
3. If the seller has carried out an examination of the goods, then carefully study the examination report. In most cases, the issued conclusions reveal or confirm only the cause of the malfunction, and not who caused the malfunction (manufacturer, seller, service center or consumer). Do not panic because, for example, during a quality check, the seller or service center found traces of liquid ingress in your device, if the time of its entry into the device is not established. Most likely, for the court, this will not be evidence of your guilt, because, 99% of the time when you receive the device, according to your claim, the seller or service center will not indicate in the acceptance documents, “during acceptance, traces of opening, or ingress of liquid, or mechanical damage were found.” damage, etc.”, otherwise all your actions will have absolutely no meaning!
According to the PLA Article 18, paragraph 6, “In relation to goods for which a warranty period is established, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer is responsible for defects in the goods, unless he proves that they arose after the transfer of the goods to the consumer as a result of a violation consumer rules for use, storage or transportation of goods, actions of third parties or force majeure.”
Therefore, the result of the examination must clearly indicate at what point in time the declared defect arose in a given product.
4. If there is no such evidence, i.e. the examination did not determine the time of occurrence of the malfunction, then you can go to court. You can, of course, conduct an examination yourself and if the conclusion is in your favor, this will be a weighty argument for the court. If the seller challenges it in court, the court may order a forensic examination, the conclusion of which will mainly affect the decision made by the court.
5. In a statement of claim from the defendant you can demand:
a) Termination of the contract and return of the amount paid for the goods;
b) If the defendant violates the deadlines for satisfying your demands,
payment to you of a penalty for late payment in the amount of 1% of the price of the goods. PLLA art. 23 clause 1
c) If you incur additional expenses (legal services, expenses for
carrying out an examination, etc. - compensation for these costs. Expenses you have incurred
must be documented by the PPSA Article 13, paragraph 2;
d) Compensation for moral damage PLLA Art. 15.
Degtyareva A.G.(09.29.2017 at 20:03:28)
Hello, dear Angelina! You have to act in accordance with the Law “On”, which provides for the protection of your rights.
In accordance with Article 18 of this Law, the consumer, in the event of detection of defects in the product, if they were not specified by the seller, has the right, at his own discretion: to demand replacement with a product of the same brand (same model and (or) article); to demand replacement with such the same product of a different brand (model, article) with a corresponding recalculation of the purchase price; demand a proportionate reduction in the purchase price; demand immediate free elimination of defects in the goods or reimbursement of costs for their correction by the consumer or a third party; refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for the goods. At the request of the seller and at his expense, the consumer must with defects.
Let me also explain:
1) If the purchased TV is under warranty, the store must carry out professional diagnostics of the malfunction you specified. And remember that you have no right to charge money for the examination.
At the request of the seller and at his expense, the consumer must return the defective product.
In this case, the consumer also has the right to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality. Losses are compensated within the time limits established by this Law to satisfy the relevant consumer requirements.
2) In relation to a technically complex product, which includes a TV, the consumer, if defects are found in it, has the right to refuse to fulfill the sales contract 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 for the same product of another brand (model, article) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer of such product to the consumer.
After this period, these requirements are subject to satisfaction in one of the following cases: detection of a significant defect in the goods; 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.
3) The return period for sold low-quality goods is equal to its warranty period. But according to Article 19 of the Law, you can claim for any detected defect within 2 years, even if the warranty on the TV has already expired.
Thus, you have the right to submit a claim to the store in writing about or setting a deadline for its satisfaction of 10 days from the date of receipt.
The second copy of the claim must be marked with the date it was delivered to the seller, or the claim must be sent by registered mail with notification. If the claim is not satisfied or is left unanswered, go to court with a claim for the protection of consumer rights - Art. 17 of the Law “On Protection of Consumer Rights”.
Requirements of the claim: recovery of funds, fine. The claim is filed at your place of residence. If the cost of the claim is more than 50 thousand rubles. - then to the district (city) court, if less - . In this case, no state duty is paid.
All the best! If you have any further questions or need more detailed advice, please contact us, incl. to my email address.
I would appreciate your feedback and rating of the answer. I hope it was useful for you. Sincerely, [email protected]
When returning any equipment, including televisions, you should be guided by the Law “On the Protection of Consumer Rights” (last edition dated July 13, 2015).
The law states that you can return a product for a refund if defects are found in it.
However, it is possible to return a quality product that you do not like for subjective reasons.
To do this, you need to know the intricacies of applying the Law and the rules of communication with sellers.
Let's try to look at all the cases when you can return the TV to the store for a refund or exchange.
When can I return it?
But there is still an opportunity to return a working TV if:
- It can be proven that a product has a defect, even a minor one. For example, the TV has poor radio reception or the picture color is a little dull. If you can prove to the seller that this is a defect, you have a chance to get your money back or exchange it for a similar TV.
- When purchasing the product, the seller did not provide comprehensive information about the TV. That is, the TV did not suit you in terms of technical characteristics or brand features.
- The TV does not have the required function, which the seller kept silent about when purchasing.
- There are no instructions in Russian or they are so brief that they do not allow you to use all the functionality of the TV. You can demand normal instructions or a full refund for the product.
Attention
Some stores hold special promotions that allow you to return a product to the store if you don’t like it. You can search for information on these promotions before purchasing.
The ability to return a quality TV highly depends on the specific store and network, as well as the seller.
Before going to the store, it’s a good idea to prepare in advance and study the main points of the Law “On Protection of Consumer Rights”, prepare arguments and justifications for a return.
Returning a TV of poor quality
When returning a TV of inadequate quality, it is important to know that you have the right not only to get your money back, but also to demand compensation for losses from the sale.
Basic Rules:
- Return of a defective TV is possible during the entire warranty period.
- When the seller does not agree to acknowledge the defect, ask for an inspection. You have the right to be present.
- A dispute about the reasons for the defect leads to a technical examination of the TV. The store must conduct an examination at its own expense. You can also be present when it takes place.
- If the examination reveals that the TV was damaged due to the fault of the buyer, then it is paid from the buyer’s own funds. The costs of storing and transporting the TV are also reimbursed.
- The conclusion of the examination can be challenged in court, having previously carried out another, independent examination.
- If the warranty period has expired or is undefined, but no more than 2 years have passed since the date of sale, you can also get a refund. True, the buyer has to prove that the TV was defective even before the purchase.
- When more than 2 years have passed since the purchase, you can return the money during the service life of the TV. If this period is uncertain - within 10 years. The technical defect must be significant and irreparable, and the claim must be made to the manufacturer or importer of the TV. If the defect is corrected, the TV will only be returned if repairs are not made by the manufacturer or importer within 20 days.
To return the TV: Bring your passport and a cash or sales receipt with you.
Warning
If you don't have a receipt, you can invite witnesses to the purchase. Lack of purchase documents cannot be grounds for refusal of a claim.
The request to return the TV must be considered by the store within 10 days. If the TV has risen in price since purchase, you can demand compensation for the difference in price.
In addition to the discovery of a significant defect in the TV, the basis for its return may be a delay of 45 days in terms of its elimination and in case of repeated repairs (more than 30 days a year).
How to return a TV purchased on credit
You can return money for a TV on credit on the same basis as when purchasing in cash.
The only difference is that the return procedure is more complicated due to the presence of a third party.
- If, according to the terms of the loan, the goods act as collateral for the loan or its alienation is prohibited, then before terminating the purchase and sale agreement, you must notify the bank and obtain written consent.
- If the claim for a refund is satisfied by the store, then it is obliged to return the initial payment to the buyer and transfer the remaining amount to the bank.
- Before the official termination of the loan agreement with the bank, it is necessary to make regular payments, even if the procedure for returning the goods has already begun.
- An application for early termination of the contract should be submitted to the bank with the necessary documents (complaint to the seller, checks, invoices, store response to the claim). When the bank receives the full loan amount from the store, the agreement will be terminated.
Information
The bank will not return interest on the loan, no matter what the product was. According to the law, the buyer has the right to demand compensation for losses from the seller. Unfortunately, judicial practice is such that usually interest on a borrower’s loan is not recognized as a loss.
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The TV is broken
The situation couldn’t be more offensive: you’ve been saving for several months for a new super-duper TV, you bought it, but before you’ve had time to enjoy this miracle of technology, you discover that the TV is broken. And you know perfectly well that it is not your fault: you operated the equipment carefully and according to the instructions. What to do?So, if your TV is broken, keep in mind that this is a technically complex product that is covered by a warranty (you did receive a warranty card upon purchase, right?). Therefore, while the warranty period is valid, do not even think about contacting private workshops, looking for a TV repairman through advertisements, or calling your neighbor, a jack-of-all-trades, to repair your TV. With all claims, you need to go to the store that sold you the low-quality product.
According to the Law, sellers of household appliances stores, although they are not manufacturers of equipment, nevertheless bear full responsibility for it. Usually, the first thing buyers do is send them to warranty workshops, “forgetting” to notify that they, the buyers, according to the Law “On Protection of Consumer Rights” have every right to choose with whom it is preferable (or more convenient) to resolve this issue: with the manufacturer ( or its representative), with a service center or with a store.
In some cases, a store may send a broken TV for examination to find out whether the breakdown was the fault of the buyer or whether the product was sold with a defect. It is important to remember the following: firstly, while the warranty is valid, such an examination is carried out at the expense of the store; secondly, transportation of goods weighing more than 5 kg is also carried out by the store. Thirdly, the store is obliged to replace a low-quality TV within 20 days (Law on the Protection of Consumer Rights, Article 21), and return the money within 10 days (Article 22 of the same Law). The examination establishing the reason why the TV broke must be completed before the end of these deadlines.
If the buyer is not satisfied with the examination carried out by the store, he has the right to turn to another examination independent of the store. Based on the results of the examination, the buyer has the right:
A) do not agree to repairs, which are often imposed by the store;
b) demand replacement of the TV if a serious defect is discovered;
c) or demand a refund for a broken TV - any defect can serve as the basis for this.
If it is not possible to reach a compromise, there is only one way out: to resolve the matter in court.
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