Warranty obligations. Warranty Service life of the product. Product life and warranty period

As you can see, in the first place, the manufacturer has the right to establish a guarantee for the goods, while the seller acquires such a right only in the absence of a factory guarantee.

Thus, the law excludes the possibility of establishing two guarantees for the same product.

The procedure for calculating warranty periods is set out in Article 19 of the Law on Consumer Rights Protection.

The warranty period for the product begins to run:

If the contract between the seller and the consumer does not establish special terms for the beginning of the warranty period of the goods - from the moment the goods are transferred to the consumer.
If the date of purchase of the goods is unknown - from the date of manufacture of the goods
For seasonal goods - from the beginning of the corresponding season, and if the goods are purchased during the season - from the moment of transfer (delivery - in case of remote purchase) to the consumer (read more about this below)
When selling goods by samples or by mail - from the moment the goods are delivered
If the day of sale and the day of delivery of the goods do not coincide - from the moment of delivery of the goods
If it is impossible to set the date of delivery, installation, assembly, connection of the goods - from the moment of the conclusion of the contract of sale (day of purchase)
If a special installation (connection, assembly) of the product is necessary, or if the product has defects, the warranty period is suspended until the seller eliminates specific circumstances.

The warranty period for (download in doc format), as well as for goods purchased on sale, is calculated according to the general rules.

Warranty period for seasonal goods

When buying a seasonal product, i.e. goods intended for use and operation in a certain season of the year, the warranty period does not begin to run at the time of purchase of this item, but from the moment when the corresponding season begins after purchase. If the product was purchased according to samples, or purchased remotely and received by mail, or delivered by courier, then the warranty period should be calculated from the moment the buyer receives this product.

If the product is purchased after the beginning of the season for which it is intended, then the guarantee for it begins to flow from the moment of purchase or delivery.

So, for seasonal goods, the warranty period begins:

As a general rule - with the onset of the corresponding season
When purchasing goods after the onset of the corresponding season - from the moment the goods are handed over
When buying goods remotely (by mail or by samples) - from the moment of the onset of the corresponding season
When buying goods remotely (by mail or by samples) after the onset of the corresponding season - from the moment the goods are delivered

There is no officially approved list of seasonal goods in our country, but article 19 of the Consumer Rights Protection Law states: clothes, shoes, etc., so most often we are talking about winter, demi-season, summer shoes or outerwear. We believe that this also includes, for example, alpine skiing and other winter sports equipment, the use of which in our country is possible only in the winter season.

Anyway, to determine the seasonality of goods it is necessary to proceed from the purpose of the product, from information about it, take into account its characteristics and operating rules in general.

Each subject sets its own dates for the start of the seasons, which is explained by different climatic conditions in different parts of the country, and they are determined by the local legislation of each subject of the Russian Federation.

For St. Petersburg, the following dates for the onset of the seasons are established (Law of St. Petersburg of May 28, 1997):

Winter season - from December 5
Spring season - from March 17
Summer season - from June 2
Autumn season - from September 12

Product without warranty period

Recall that the consumer can return the goods during the warranty period.
However, establishing a warranty period for a product is not the responsibility of the manufacturer or seller and their right.
Do not be surprised if after buying some thing you find that there is no warranty period. This does not mean that if a defect is found, such a product cannot be returned.

The requirements established by Article 18 of the Consumer Rights Protection Law regarding the quality of goods for which no warranty period has been established may be presented if:

The defects of the goods are discovered within a reasonable time, but within two years from the date of transfer of the goods
The consumer will prove the occurrence of a defect before the sale of the goods to him, or for reasons that arose before that moment (in the event of a dispute about the nature of the defect)

It is best to contact the seller (manufacturer) immediately upon discovery of a defect in the goods, without waiting for a two-year period, and completely exclude further use of the thing, since in the event of a trial, it is possible to conduct an expert study of the goods in order to establish the causes of the defect. Therefore, it is in the interests of the consumer to declare a defect immediately after its discovery, this will most accurately determine the nature of the defect. The court can determine the reasonableness of the period for revealing the defect, if the dispute is not resolved out of court, based on the features and characteristics of the goods, as well as on the terms usually set for similar goods.

Product warranty expired

The expiration of the warranty period of the goods does not always exclude the possibility of returning or exchanging it if defects are found in it outside the warranty period.

According to paragraph 5 of Article 19 of the Consumer Rights Protection Law, the consumer has the right to present a claim to the seller or manufacturer regarding the quality of the goods if:

The warranty period for the product is less than 2 (two) years
The defect was discovered after the warranty period, but within 2 (two) years
The consumer will prove that the identified defect arose before the seller handed over the goods to him, or for reasons that arose before the sale of the goods to him (in the event of a dispute about the nature of the defect)

Here's an example: the warranty for the phone is 1 year, in the first year the warranty repair was carried out, but during the second year of operation the defect appeared again in the phone. In this case, despite the expiration of the warranty period, the consumer will have the right to file a claim with the seller for the return, replacement or repair of the phone, only on condition that the consumer provides proof that the identified defect is of a hidden manufacturing nature, i.e. arose before the transfer to him, or for reasons that arose before the sale of the goods. Such evidence will be an independent expert opinion confirming this fact. The examination is carried out at the expense of the consumer, and if it confirms the manufacturing nature of the defect, one of the requirements provided for in Article 18 of the Law on Consumer Rights Protection can be presented to the seller (manufacturer), attaching an expert opinion to the claim, while it is possible to demand reimbursement of expenses for the examination.

In addition, the manufacturer or seller may voluntarily take on additional responsibilities in relation to product defects found outside the warranty period established by the manufacturer.

The manufacturer himself establishes the conditions, terms and procedure for the implementation of an additional obligation. When such an obligation is accepted by the seller, all conditions are prescribed in the agreement (contract) between the seller and the consumer.

If additional obligations of the manufacturer or seller exist, but a dispute arose between the parties regarding the nature of the defect, the following nuances must be taken into account distribution of the burden of proof the nature of the identified deficiency:

If defects in the goods are discovered during the period of validity of the additional obligation of the manufacturer or seller, the burden of proving the nature of the defect lies with the manufacturer or seller.
If after the expiration of the additional guarantee, but within two years after the transfer of the goods to the consumer, then the obligation to prove the occurrence of defects in the goods before its transfer to the consumer or for reasons that arose before that moment lies with the consumer himself.

The manufacturer may establish a warranty period separately for components or components of the main product (paragraph 3 of Article 19 of the Consumer Rights Protection Law). The warranty period for them is calculated in a general manner.

Therefore, the return or exchange of component parts of the goods is possible regardless of the quality of the main product.

There are the following features of the warranty period for components and components of the main product:

If the warranty period for a component product or component is set to be shorter than for the main product, the consumer has the right to make a claim regarding the quality of such product or part of the product during the warranty period for the main product.
If the warranty for a component product or a component part of the product is greater than the guarantee for the main product, the consumer can make a claim regarding the quality of the product, provided that the defects of the component product are discovered during the warranty period for this product, regardless of the expiration of the warranty period for the main product.

What else you need to know about the warranty period of the product:

The warranty period of the goods is extended for the period of warranty repair (paragraph 3 of article 20 of the Law on the Protection of Consumer Rights)
When replacing the goods, the warranty period runs anew, i.e. from the moment of replacement (clause 2 of article 21 of the Consumer Rights Protection Law)
When a component or component of a product is replaced, the guarantee for the new product or component will re-run, i.e. from the date of issue of the goods from repair (paragraph 4 of article 20 of the Law on the Protection of Consumer Rights)
The warranty period is calculated in units of time: years, months, days; and other units of measurement, depending on the functions and purpose of the goods: kilometers, meters, etc. (paragraph 3 of Article 5 of the Consumer Protection Law)
Information about the warranty period for the goods is indicated in the warranty card, in the receipt or in the contract of sale. The manufacturer's warranty, as a rule, is prescribed in the technical documentation for the product.

Goods expiration date. Product life and warranty period.

When purchasing a food or non-food product, most buyers always check the expiration date or service life of the product.

What you need to know about the expiration date:

The expiration date is mandatory set by the manufacturer (performer) for food, cosmetics, perfumes, medicines, household chemicals, hygiene items, dietary supplements and other similar products.
In the absence of an expiration date, or after the expiration of this period, such goods are prohibited for sale, since they can pose a serious danger to the life and health of the consumer.
The consumer has the right to make a claim to the seller (manufacturer) during the expiration date of the goods

What are the features of the service life of the product:

The service life is set by the manufacturer for durable goods, if desired. During the service life, the manufacturer undertakes to ensure the suitability of the product for its intended use, i.e. the goods must serve, maintaining the qualities declared by the manufacturer, and in the event of significant defects in the goods, the manufacturer must bear responsibility for them, provided for by law.
For durable goods and their components, which after a certain period may become dangerous to the life and health of the consumer, as well as to the environment, or cause damage to the consumer's property, the manufacturer is obliged to establish a service life so that the requirements for the safety of the goods can be met, i.e. e. the consumer must necessarily be informed during what period of time such a product is safe to use. The list of such goods was approved by Decree of the Government of the Russian Federation of June 16, 1997 No. 720 (as amended on May 10, 2001).

The rights of the consumer in case of detection of a significant defect of the goods during the service life of the goods:

If during the service life of the goods, although after two years after the transfer of the goods to the consumer (or within 10 years, if the service life is not established), a significant defect is found in it, the consumer has the right to present the manufacturer or authorized organization, importer with a claim for free repair .
The only condition for presenting the above requirement is that the consumer must prove that a significant defect arose before the transfer of the goods to him or for reasons that arose before that, i.e. manufacturing or hidden nature of the defect.
The manufacturer is obliged to satisfy the requirement for the free elimination of a significant defect in the goods within 20 (twenty) days from the date of the claim.
In case of non-satisfaction of the consumer's demand for the free elimination of the defect within 20 days, the consumer has the right to demand the replacement or return of the goods, or present other requirements provided for in Article 18 of the Consumer Protection Law.
If the conducted examination of the goods establishes that the defect revealed during the service life (or within 10 years in the absence of the service life of the goods) is irreparable, the consumer has the right to immediately demand from the manufacturer or importer to exchange or return such goods (paragraph 6 of Article 19 of the Law on protection of consumer rights), bypassing the stage of free elimination of the lack of goods.

If you have any questions, please call for a more detailed consultation.

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Warranty 1 year

Bought an iPhone x, 1 year warranty from apple and 1 year warranty from the store.
After 6 months, contactless payment stopped working, we turned to the store where we bought it, he sent the phone. In the service there, nothing but reboots could be done and sent to Moscow to the apple service center. After 2 weeks they sent the same phone. back, everything works, no errors were found in the conclusion, apparently they were eliminated during the reboot. After a week of use it happened again. Came again to the seller, he contacted those. support, they again tried to reboot the bodies and if the payment function is not restored, then again send the bodies to Moscow. Nothing helped, the seller of the bodies sent to Moscow to the Apple service, and now he has been in Moscow for 2 weeks, we don’t use the phone for a month after the first shipment! He is silent about the guarantee from his store, he says it is necessary to wait for the conclusion from Moscow. What to do? How long can you wait? Not a new, not an old phone, I do not want to! We want a refund! Is it possible? Where to apply?

Maybe. Contact the store with a written claim to terminate the sales contract within 10 days. You need to write on your own and require a mark of receipt. Take witnesses. In no case do not write on their template.

Good afternoon! You need to contact this store (seller) in writing with a formal claim and a demand to terminate the sales contract and return the money. Attach copies of all documents to the claim. If the requirements are not satisfied voluntarily, then in a judicial proceeding.

The crown fell out. Warranty 1 year. Stood for 2 years on May 3rd. Can I request a free crown?

According to the text, no. The service life of the bit is far beyond the warranty period, when such a claim would be possible.

Can I get money for a faulty email? kettle if used for 6 months. Warranty 1 year.

You can get it, for this you need to present a written claim to the store based on the norms of the Civil Code.

Hello. Yes, you can, contact the store with a written complaint about the deficiencies on the basis of Article 18 of the Consumer Protection Law.

I bought a laptop on 03/09/18, on February 14, 19, it was handed over under warranty, the sound in the speakers disappeared, on 04/01/19 they gave it back, changed the motherboard. At home, I found that the programs for Setting the keyboard backlight stopped working, the sound was of poor quality. 04/05/19 passed on a claim for quality control. 15.04 reported that there were no defects. Please tell me how to get my money back.

Under the consumer protection law, you have the right to do so, write a claim to the seller.

Hello, Elena. Contact the seller with a written Claim (2 copies) with a request to terminate the Sale and Purchase Agreement and return the money. In case of refusal or not receiving a response within 10 days (taking into account the "mail run") - apply with a Claim to the court with a demand to terminate the Sale and Purchase Agreement and recover funds, recover a penalty, a fine, compensation for moral damage and compensation for All collection costs.

Six months ago I bought headphones, they have a 2-year warranty, 1 stopped working. Lost check and ticket. Can I return an item without a receipt?

Hello. Please contact the store with a written complaint about deficiencies in accordance with Article 18 of the Consumer Protection Law.

Write a claim to the seller on the basis of Article 18 of the Consumer Rights Protection Law, hand it over to the official with the full name. According to part 5 of the article: The absence of a cash or sales receipt or other document certifying the fact and conditions of the purchase of goods by the consumer is not a basis for refusing to satisfy his requirements.

I bought Beats headphones for my child in June 2018. Warranty 1 year.
In April 2018, one earphone stopped working.
By calling the seller's support (Svyaznoy), they suggested contacting the official service center of the manufacturer - Apple. Contacted the service center.
Upon delivery, they warned that if, after the diagnosis, a warranty case was confirmed, they would offer a replacement.
They called, recognized the damage as a warranty case, offered to come pick up a replacement.
The son said that he did not want to use them anymore and asked to take the money instead of a replacement in order to buy others with them.
The service center said that if I want to request a refund, then I should contact the seller. The SC can issue me a non-repairability document, with which I can go to the seller, but I will have to pay for diagnostics - 2000 rubles, because. I refused to repair-replace.
Please advise in accordance with the ZoPP:
1) Is the requirement of the SC to pay for the diagnosis and issuance of an act on the non-repairability of the warranty product justified?
2) If I pay for diagnostics, do I have the right to demand that the seller reimburse the costs of diagnostics and issue an SC act along with a claim for a refund for the goods?

1. No unreasonable. 2. yes you have the right.

In October 2018, I purchased a new car from a dealer.
The vehicle warranty is 1 year. For six months of operation, I applied to the dealer under warranty to replace the master brake cylinder, sound signal, replace the transfer case, cylinder head (microcrack), repaint traces of rust. Notes on warranty repairs are reflected in the service book.
Tell me, can I, based on such a large list of identified shortcomings, ask the dealer to replace this car of inadequate quality with exactly the same new one? If yes, then write a claim immediately to the factory or to the dealer? And what if during the operation of the car received a small dent on the body?

In addition to the mark in the service book, you must have work orders for work performed indicating the number of days for each type of work, are there any?

Hello Fedor. Contact the seller (Dealer) with a written Claim (2 copies) with a request to terminate the Sale and Purchase Agreement and return the money (Exchange of the Vehicle). In case of refusal or not receiving a response within 10 days (taking into account the "mail run") - apply with a Claim to the court with a demand to terminate the Sale and Purchase Agreement and recover funds, recover a penalty, a fine, compensation for moral damage and compensation for All collection costs.

In theory, with the next breakdown, the warranty can be claimed, at the moment if there are no complaints about the quality, you will not do anything, you chose the repair, they did it to you, you exercised your right. As long as there are no new quality claims, you should not change anything. It was necessary to make a claim in the last breakdown.

Please tell me, is the 1-year warranty for the tablet retained if the charger that was included in the kit is lost?

The warranty for the main tablet product remains.

Bought a laptop 4 months ago. Lost sound today. Product warranty 1 year. Can I demand not a repair, but to begin with a quality check after a given period of operation?

Hello Anton! Yes, of course you can make such a claim under consumer protection law. Most importantly, present your claim in writing (claim).

We bought a stroller on February 11, we drove it for 1.5 months, the brake broke, a year warranty, can I exchange it for a new one or will they repair it?

Anna, in accordance with the consumer protection law, you can exchange and ask for repairs and ask for a refund.

The Federal Law on Consumer Rights Protection allows you to exchange an item for a new one, return its value, or ask for the item to be repaired at your discretion.

Anna, if the item on the warranty repair is not written in the passport for the stroller and the addresses of the warranty workshops are not listed, then it is simply subject to replacement. You can choose the option that suits you from Article 18 - consumer rights when defects are found in the product of the Law of the Russian Federation of 02/07/1992 N 2300-1 (as amended on 03/18/2019) "On Protection of Consumer Rights".

1 year steel door warranty (bought six months ago). The door swung open. Installers do not go to adjust, they postpone each time the next day. What can I do to fix this problem.

Now it is necessary to present a written claim to the seller based on the norms of the Civil Code for the fulfillment of warranty obligations.

Submit your request in writing. In case of non-compliance with the requirement, apply to the court with a statement of claim.

11/17/2018 purchased a laptop on credit. (The store's warranty is 1 year.) After 2 months, it broke down - the OS stopped starting. The store sent to the service center. The laptop was replaced under warranty - the hard drive was replaced. (The laptop was in the SC for 10 days.) A month after the repair, the laptop broke down again, the signs are the same. Can I sue the store for a refund?

Good afternoon. Yes, you have every right to do so. For the preparation of the necessary documents or more detailed advice, you can contact me or any other lawyer in private messages or through the contacts under the answer. Good luck to you!

Send a written claim with demands to refuse to fulfill the contract of sale and return money for the goods.

I bought a digital set-top box in Eldorado with a 2-year warranty, it broke after 1.5 years. Can I exchange it for another?

Good morning. Based on Article 18 of the Consumer Protection Law, the right to demand an exchange of goods or a refund, but only after an examination. Have a nice nice day.

On February 9, 2019, I bought a laptop from a thrift store. It has a 1 month warranty. After 16 days, I discovered that the webcam was not working on the laptop. I took it to the store under warranty, the workers tried to fix the problem by installing a new Windows, but when they returned the laptop to me, the camera still did not work there. I said that I want to terminate the sale and purchase agreement, to which they refused, offering an exchange for another laptop from those that were available. Can I claim a refund for a laptop from a thrift store? The warranty on it ends March 10th.

Hello Stepan! Unfortunately, you cannot, because the laptop is a technically complex product and a refund is possible if a significant flaw is found in it. A significant drawback is the cost of eliminating which is approximately equal to the cost of the product itself.

Good afternoon! In this case, the laptop is a technically complex product. According to paragraphs eight - eleven, paragraph 1 of Art. 18 of the Law on the Protection of Consumer Rights in relation to a technically complex product, if defects are found in it, the consumer has the right to refuse to fulfill the contract of sale and demand a refund of the amount paid for such a product or demand its replacement with a product of the same brand (model, article) or for the same product of a different brand (model, article) with a corresponding recalculation of the purchase price in one of the following cases: detection of a significant defect in the product; violation of the deadlines established by the named law for the elimination of defects in the goods; the inability to use the product during each year of the warranty period in the aggregate more than 30 days due to the repeated elimination of its various shortcomings.

A special deadline for filing certain claims is established for defects in technically complex goods, which include, for example, computers and laptops. You have the right to demand a refund of the amount paid for it or demand its replacement within 15 days from the date of transfer of such goods to you. Later, these requirements are subject to satisfaction in one of the following cases (paragraph 8, clause 1, article 18 of Law N 2300-1; clause 8 of the Review; List approved by Decree of the Government of the Russian Federation of November 10, 2011 N 924): - if a significant lack of goods; - the deadlines established by law for the elimination of product defects have been violated; - it is impossible to use the product for more than 30 days (in aggregate) during any year of the warranty period due to the repeated elimination of various product defects.

My son bought a new Kia Cerato car. After 1.5 years, it all bloomed. Dealer says it's not under warranty. We went to another salon for an assessment, they said that one of the doors was removed. Can this be regarded as a violation of Article 18 of the Law on Consumer Protection and demand a replacement car.

Dear Tatyana, Nizhny Novgorod! According to Article 18 of the Federal Law "On Protection of Consumer Rights", the Consumer, to whom a product of INCORRECT QUALITY is sold, if it was NOT specified by the SELLER, has the right to demand: - free elimination of product defects or reimbursement of expenses for their correction by the consumer or a third party; - a proportional reduction in the purchase price; - replacement with a product of a similar brand (model, article); - replacement with the same product of another brand (model, article) with a corresponding recalculation of the purchase price. The buyer, instead of presenting these requirements, has the right to refuse to fulfill the contract of sale and demand the return of the amount of money paid for the goods. In this case, the consumer has the right to demand also full compensation for losses caused to him as a result of the sale of goods of inadequate quality. In addition, EXAMINATION of the quality of car painting can be carried out both within the framework of the trial and outside the framework of the trial, but at the same time, a written invitation from all persons interested in it, including the CONSUMER, is MANDATORY required for its implementation. If these conditions are NOT met, the results of the examination will NOT be accepted by the court as evidence. Thus, based on the foregoing, I recommend that you, having previously handed in or sent a written Claim to the Seller (shop) indicating the Deadline for a response, apply to the court with a statement of claim: 1) On termination of the Sale and Purchase Agreement; 2) On the return of funds paid for the goods; 3) On the payment of a penalty to you in the amount of 1% per day for each day of delay in the return of funds by the Seller; 4) About compensation for non-pecuniary damage. I wish you success Vladimir Nikolaevich Ufa 02/28/2019

Before the application of Art. 18 you must first file a claim according to the terms of warranty service, did the dealer give a written answer or verbally informed that the case was not covered by the warranty?

There was an accident, I was not the cause of the accident. Since the car is 1.5 years old and it is under warranty, I want to repair it at a dealership. They calculated the cost of 135,000 rubles, the insurance company is ready to pay 85,000. What to do? I'm offered to pay the difference, but I can't.

Conduct an independent examination and challenge the amount paid by the insurance. If the amounts match, then apply in court to the participant in the accident for reimbursement of repair costs.

Good afternoon. The procedure is the following. You need to have your car repaired with an insurance claim. The amount that is not enough to borrow. After repairing the car, it is necessary to order an examination, file a lawsuit, ask to recover the difference, court costs and expenses. Obtain a court order and writ of execution. Present the writ of execution to the insurance company for payment. You will have expenses, but in my experience, when a writ of execution is presented to the insurance company, there are no problems with payment. You can't do it on your own, you need a lawyer's help.

I bought a washing machine 2 months ago, and extended the warranty to from 1 year to 5 years (for a fee), now it has begun to wring out every other time, it turns it slowly, but the "turbo" mode (800-1000 rpm) does not pick up, then it is written on the screen END, you take out the laundry and it’s damp, even wring it out, today I filmed it all on video, called the store, they said come with a check, we’ll take it to the examination, but I don’t need a repaired car and I want to refuse it, exchange it for another in the same store, well, or return the money, it doesn’t matter, but after those centers I don’t need it, can I do that?

It was possible to refuse within 15 days, now only repairs, a replacement must be issued for the period of repair, the repair period can be set by yourself, for all this you need to submit a written request.

In the summer of August 2018, we bought a deep-well pump, at a discount on the stock. Warranty 1 year.February 20, 2019 failed. Do I have the right to demand replacement of the pump or mandatory warranty repair.

You can demand a replacement, but it is better to return its cost in a claim procedure.

I bought a phone on February 16, 2018, i.e. a year ago, 1 year warranty. Today I noticed that a yellow stripe appeared on the screen and it began to warm up. Three days after the warranty expired. Should I repair it at my own expense now?

To make repairs for free, you need to conduct your own examination, is the phone expensive? Have there been other repairs in the past?

I bought a phone in the euroset, issued an additional. warranty, after 1 year and 16 days the phone broke down and I gave it for repair for additional. guarantees. According to additional phone repair warranty 60 days + transportation and if the phone is not made, they can return the money. More than 60 days have passed, and the phone is still under repair. Q: Is 60 days legal? Can I write a claim for violation of the terms of repair and for a refund for the phone? Is there any chance of a successful outcome for me?

Write a claim based on the norms of the Civil Code for the return of its cost + penalty.

The LG refrigerator bought in Eldorado on credit broke down 1 year and 4 months after the purchase. Warranty period 1 year and service life 7 years. They called the master from the official LG service, he said that there was a freon leak in the FOAMED PART of the refrigerator. The repair cost is estimated at 12-15 tons, not counting the delivery to the service and back. It turns out this is a factory marriage, why should I pay for it? Is there any way to get a refund for the repair? Thanks in advance for your reply!

Have you paid for the repair yet? If so, then you need to make a claim based on the norms of the Civil Code for free service.

Good afternoon! You need confirmation that this failure is a factory defect, that is, you need an examination. Since your warranty period has expired, then to examine your refrigerator and make any conclusions on it - there will be experts for the time being AT YOUR ACCOUNT (you will also choose an expert organization yourself). If the expert opinion indicates that the FACTORY MARRIAGE, which was also when buying a refrigerator, then ... act according to the law "On the Protection of Consumer Rights", that is, write a claim to the store with a COPY of the expert's opinion attached, and, in case of refusal to its satisfaction - a lawsuit in court, where, among other things, it will be possible to recover the money spent on the examination, lawyers ...

Hello, Elena. Please specify: is the warranty period of 1 year established by the seller or the manufacturer of the goods? This information can be found in the accompanying product documentation. The seller has no right to reduce the warranty period of the goods if it is determined by the manufacturer. If in your case you find that the warranty period (not the service life!) of the manufacturer of the goods is more than a year, then there are grounds for making claims against the seller. And one more thing: according to paragraph 5 of Article 19 of the Consumer Rights Protection Law, the consumer has the right to make a claim to the seller or manufacturer regarding the quality of the goods if the Warranty period for the goods is less than 2 (two) years.

They wanted to make a ceramic-metal crown for a relative, but faced with the fact that the warranty period is 1 year, they wanted to talk and come to a peaceful agreement, by extending the period to 2 or 3 years.

If the contractor under the service agreement (Article 779-783 of the Civil Code of the Russian Federation) agrees to this, then this is possible. Conclude an appropriate agreement (Article 421 of the Civil Code of the Russian Federation, Article 27-31 of the Law of the Russian Federation of February 7, 1992 N 2300-I "On Protection of Consumer Rights"). Nothing is impossible, as long as both parties agree to extend the guarantee.

Hello, if you do this with private organizations, then in this case they themselves have the right to set warranty periods, but in this case you can file within two years if you prove that this is a poor-quality service. Legal resources Non-commercial Internet versions About the company and products Vacancies Deadlines for the Consumer to Submit Claims in Respect of Defects in Goods 1. The consumer has the right to present claims to the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) as provided for in Article 18 of this Law in respect of defects in goods if they are discovered during the warranty period or shelf life. (as amended by the Federal Law of December 21, 2004 N 171-FZ) (see the text in the previous edition) In relation to goods for which warranty periods or expiration dates are not established, the consumer has the right to make these claims if the defects of the goods are discovered within a reasonable time , but within two years from the date of their transfer to the consumer, unless longer periods are established by law or contract. (Clause 1 as amended by Federal Law No. 212-FZ of December 17, 1999) (see the text in the previous edition) 2. The warranty period of the goods, as well as its service life, is calculated from the day the goods are transferred to the consumer, unless otherwise provided by the contract. If it is impossible to determine the day of transfer, these terms are calculated from the date of manufacture of the goods. (as amended by Federal Law No. 212-FZ of December 17, 1999) (see the text in the previous edition) For seasonal goods (shoes, clothing, and others), these periods are calculated from the moment the corresponding season begins, the onset of which is determined by the constituent entities of the Russian Federation, respectively based on the climatic conditions of the location of consumers. When selling goods by samples, by mail, as well as in cases where the moment of conclusion of the contract of sale and the moment of transfer of the goods to the consumer do not coincide, these periods are calculated from the day the goods are delivered to the consumer. If the consumer is deprived of the opportunity to use the product due to circumstances that depend on the seller (in particular, the product needs special installation, connection or assembly, it has defects), the warranty period does not run until the seller eliminates such circumstances. If the day of delivery, installation, connection, assembly of the goods, elimination of circumstances dependent on the seller, due to which the consumer cannot use the goods for their intended purpose, cannot be determined, these periods are calculated from the date of conclusion of the contract of sale. (as amended by Federal Law No. 212-FZ of December 17, 1999) (see the text in the previous edition) The paragraph has been deleted. - Federal Law of December 17, 1999 N 212-FZ. (See the text in the previous edition) The shelf life of a product is determined by the period calculated from the date of manufacture of the product, during which it is suitable for use, or the date before which the product is suitable for use. The duration of the shelf life of the goods must comply with the mandatory requirements for the safety of the goods. (as amended by Federal Law No. 171-FZ of December 21, 2004) (see the text in the previous edition) 3. Warranty periods may be established for components and components of the main product. Warranty periods for components and components are calculated in the same manner as the warranty period for the main product. The warranty periods for components and components of the goods are considered equal to the warranty period for the main product, unless otherwise provided by the contract. In the event that a warranty period of a shorter duration is established for a component product and an integral part of the product in the contract than the warranty period for the main product, the consumer has the right to make claims related to the shortcomings of the component product and component part of the product, if they are discovered during the warranty period for the main product. product, unless otherwise provided by the contract. (as amended by Federal Law No. 212-FZ of December 17, 1999) (see the text in the previous edition) If a warranty period for a component product is longer than the warranty period for the main product, the consumer has the right to make claims regarding defects in the product, provided that the defects of the component product are discovered during the warranty period for this product, regardless of the expiration of the warranty period for the main product. 4. The terms specified in this article are brought to the attention of the consumer in the information about the product provided to the consumer in accordance with article 10 of this Law. 5. In cases where the warranty period provided for by the contract is less than two years and the defects of the goods are discovered by the consumer after the expiration of the warranty period, but within two years, the consumer has the right to present the seller (manufacturer) with the requirements provided for in Article 18 of this Law, if he proves that the defects goods arose before its transfer to the consumer or for reasons that arose before that moment. (Clause 5 was introduced by Federal Law No. 212-FZ of December 17, 1999) 6. In case of revealing significant defects of the goods, the consumer has the right to present to the manufacturer (an authorized organization or an authorized individual entrepreneur, importer) a demand for the free elimination of such defects, if he proves that they arose before the transfer of the goods to the consumer or for reasons that arose before that moment. The said claim may be brought if the defects of the goods are discovered after two years from the date of transfer of the goods to the consumer, during the service life established for the goods, or within ten years from the date of transfer of the goods to the consumer in case the service life has not been established. If the specified requirement is not satisfied within twenty days from the date of its presentation by the consumer or the defect of the goods discovered by him is irreparable, the consumer, at his choice, has the right to present to the manufacturer (authorized organization or authorized individual entrepreneur, importer) other requirements provided for in paragraph 3 of Article 18 of this Law or return goods to the manufacturer (an authorized organization or an authorized individual entrepreneur, importer) and demand a refund of the amount paid. (clause 6 as amended by the Federal Law of December 21, 2004 N 171-FZ) (see the text in the previous edition)

And what is the question? The warranty period is set by the manufacturer (seller), in accordance with Art. 19 of the Consumer Protection Act. You either agree here. Either not. You can't force him.

In a peaceful way, the warranty period will not be extended for you and it is also not possible to force the contractor to extend the warranty period. According to Art. 7 of the Law of the Russian Federation of 07.02.1992 N 2300-1 (as amended on 07.29.2018) "On the Protection of Consumer Rights" the performer is obliged to ensure the safety of work during the established service life or shelf life of the work. If the term is over, the burden of proving the reasons for the lack of work rests with the consumer.

If they do not offer more, then they are right, you cannot oblige to increase the term. Guarantee for dentures, which is provided by the medical center, in The average ranges from one to two years. In extremely rare cases, a denture warranty may be three or five years old. Rules for the Provision of Paid Medical Services by Medical Organizations” (Decree of the Government of the Russian Federation of October 4, 2012 N 1006, Moscow). 2.3. When establishing warranty periods for a dental service (work), it is necessary to be guided by tables No. 1, No. 2 of this regulation. In this situation, the guarantee is set by default without a separate indication in the medical record.2.4. In cases where a guarantee is not established for the service provided (work performed), is established in a reduced period, or when a guarantee obligation arises that is not provided for in this provision, the attending physician is obliged to reflect the situation mentioned in this clause in the medical record with a clear wording: “Without guarantee” or "Guarantee of months". It is necessary to familiarize with the special conditions of the guarantee against signature in the medical record. 3 . The warranty does not cover: 3.1.

Anna, your question is regulated by the "Rules for the Provision of Paid Medical Services by Medical Institutions", which were approved by the Decree of the Government of the Russian Federation of 1996, the Civil Code, FZ-323 of 2011 "On the Fundamentals of Protecting the Health of Citizens in the Russian Federation" and the Law on Consumer Rights Protection. In accordance with these documents, the period of guarantee for dental services is set at the discretion of the doctor in accordance with internal guidelines. At the same time, the warranty period itself will depend not only on the material with which the doctor works, but also on the clinical picture that is observed in the patient. And if the clinical picture does not allow you to set a longer warranty period, then the doctor will not do this, no matter how you persuade. Sincerely.

Good evening! Since you are provided not only with a medical service, but also with the result of the work, if you do not agree on an extended warranty period, then the following rules on the responsibility of the work executor can be applied to your attitude. 1. Unless otherwise provided by law or a work contract, the customer has the right to present claims related to the inadequate quality of the result of the work, provided that it is revealed within the time limits established by this article. 2. In the event that a warranty period is not established for the result of the work, claims related to the shortcomings of the result of the work may be presented by the customer, provided that they were discovered within a reasonable time, but within two years from the date of transfer of the result of the work, unless otherwise terms are not established by law, contract or business practices. 3. The customer has the right to submit claims related to the shortcomings of the result of work discovered during the warranty period. 4. In the event that the warranty period provided for by the contract is less than two years and the defects in the result of the work are discovered by the customer after the expiration of the warranty period, but within two years from the moment provided for in paragraph 5 of this article, the contractor shall be liable if the customer proves that the defects have arisen before the transfer of the result of the work to the customer or for reasons that have arisen up to this point. 5. Unless otherwise provided by the work contract, the warranty period (paragraph 1 of Article 722) begins to run from the moment when the result of the work performed was accepted or should have been accepted by the customer. Art. 724, "Civil Code of the Russian Federation (Part Two)" dated 01/26/1996 N 14-FZ (as amended on 07/29/2018)

Hello, dear site visitor, if you don’t like the conditions, look for another clinic, and bargain there. If they have such a guarantee, then no one will increase it for you. Article 421 of the Civil Code of the Russian Federation. Freedom of contract 1. Citizens and legal entities are free to conclude a contract. Coercion to conclude a contract is not allowed, except in cases where the obligation to conclude a contract is provided for by this Code, the law or a voluntarily assumed obligation. 2. The parties may conclude an agreement, both provided for and not provided for by law or other legal acts. Good luck and all the best, with respect lawyer Ligostaeva A.V.

Hello, I had such a situation, 5 months ago I bought a phone with a 1-year warranty, I found a defect in it, it reboots on its own, when I took it, they took me for warranty repairs, after the repair the problem did not go away, but the service center said that the problem was not found, today again took it to repair under warranty. Plant if they don’t find anything again, but this defect remains, what should I do next and where to turn?!

Plant if they don’t find anything again, but this defect remains, what should I do next and where to turn?! In accordance with the provisions of paragraph 1 of Article 17 of the Law "On the Protection of Consumer Rights", consumer protection is carried out by the court. Legal proceedings are carried out on the basis of competitiveness and equality of the parties (part 3 of article 123 of the Constitution of the Russian Federation). If you are not ready for legal action, you need a lawyer. Rules of law. CONSTITUTION OF THE RUSSIAN FEDERATION Article 48 1. Everyone is guaranteed the right to receive qualified legal assistance. FEDERAL LAW ON ADVOCACY AND ADVOCATE IN THE RUSSIAN FEDERATION Article 1. Lawyer activity 1. Lawyer activity is qualified legal assistance rendered on a professional basis by persons who have received the status of a lawyer in the manner established by this Federal Law, to individuals and legal entities in order to protect their rights, freedoms and interests, as well as to ensure access to justice.

Write a claim to the seller about the return of goods of inadequate quality, who must accept the goods from you and carry out an examination. In case of a positive conclusion, he is obliged to return the money. If the answer is no, you can go to court.

Bought TV 2 months ago, 1 year warranty. breakdown in our vein, no insurance. They took it in for diagnostics and they said it was beyond repair. Please tell me what to do in such cases?

In such cases, repairs are carried out at their own expense. If it cannot be repaired, then you can only sympathize: the store is only responsible for manufacturing defects.

I bought a led light bulb in a magnet on 11/23/2018, the warranty on the box is 1 year, it burned out. How to replace in the store, you can, right? Which article and law should be referred to? To write an application?

Submit a written claim in accordance with the norms of the Civil Code of the Russian Federation and the Law of the Russian Federation "On Protection of Consumer Rights".

If the buyer has discovered defects in the goods, he has the right, in particular, to refuse to fulfill the contract of sale and demand from the seller the return of the money paid for the goods. In this case, the buyer, at the request of the seller and at his expense, must return the goods with defects (clauses 4, 5 of article 503 of the Civil Code of the Russian Federation; clause 1 of article 18 of the Law of 07.02.1992 N 2300-1). With the requirement to return the amount paid for the goods, the consumer may also apply to the manufacturer or importer of the goods. Therefore, what is stated in this material is also applicable to them (clauses 2, 3 of article 18 of Law N 2300-1). To return a defective product, we recommend that you follow the following algorithm. Step 1. Make sure that the period for filing a claim for product defects has not expired. As a general rule, you have the right to file a claim for withdrawal from the contract and the return of the amount paid for low-quality goods during the warranty period or the expiration date of the goods, and if it is not established, then within a reasonable term, but within two years from the date of transfer of the goods to you. In the latter case, longer periods may be established by law or a sales contract (clause 1, article 19 of Law N 2300-1; clauses 30, 31 of the Rules, approved by Decree of the Government of the Russian Federation of 19.01.1998 N 55). Note that if the warranty period is less than two years and the defects of the goods are discovered after the expiration of the warranty period, but within two years, you can return it only if you prove that the defects of the goods arose before it was handed over to you or for reasons that arose before that moment (Clause 5, Article 19 of Law N 2300-1). If the goods are technically complex (for example, these are cars, motorcycles, system units, computers, laptops, smartphones), you have the right to demand a refund of the money paid for it within 15 days from the date the goods were transferred to you. Later, you can present these requirements only in certain cases (clause 1, article 18 of Law N 2300-1; clause 8 of the Review, approved by the Presidium of the Supreme Court of the Russian Federation on December 20, 2016; List approved by Decree of the Government of the Russian Federation of November 10, 2011 N 924): - upon detection of significant defects in the goods; - in case of violation by the seller of the established deadlines for the elimination of defects in the goods; - if, due to the repeated elimination of various defects, the product cannot be used for more than 30 days (in aggregate) during any year of the warranty period. Step 2. Make a claim and submit it to the seller A written claim is made in free form indicating: full name, address and other contact information of the applicant; name of the product, date and place of its purchase, method of payment; deficiencies discovered, the time and circumstances of their discovery; statements of refusal to fulfill the contract of sale and requirements for the return of the amount paid for the goods. We recommend attaching copies of documents confirming the purchase and payment for the goods to the claim. However, the absence of a receipt or other document certifying the fact and conditions of the purchase of goods is not a basis for refusing to satisfy your requirements (clause 5, article 18 of Law N 2300-1). It is advisable to make two copies of the claim. It is desirable that on one of them the person who accepted the claim affixed his signature indicating his full name. and position, as well as the date the claim was accepted and the seal of the seller (if any). Keep this copy of the claim for yourself in confirmation of your appeal to the seller. If the seller refuses to accept the claim or affix a mark of acceptance on its second copy, we recommend sending the claim by registered mail with acknowledgment of receipt and a description of the attachment, which will, if necessary, confirm compliance with the claim procedure (clause "b", clause 10 of the Rules, approved by Order Ministry of Telecom and Mass Communications of Russia dated July 31, 2014 N 234). Also, at the request of the seller and at his expense, you must return the goods of inadequate quality. Please note that the return of the goods is documented (clause 5, article 503 of the Civil Code of the Russian Federation; clause 1, article 18 of Law N 2300-1). Step 3. Take part in checking the quality of the goods The seller is obliged to accept the goods of inadequate quality from the buyer and, if necessary, to check the quality of the goods. The buyer has the right to participate in checking the quality of the goods (clause 5, article 18 of Law No. 2300-1; clause 28 of the Rules, approved by Resolution No. 55). Checking the quality of goods may include an examination (clause 3, section VIII of the Clarifications, approved by Order of the Ministry of Antimonopoly Policy of Russia dated 20.05.1998 N 160). In the event of a dispute about the causes of defects in the goods, the seller must, at his own expense, conduct an examination of the goods. You have the right to be present during its conduct, and in case of disagreement with its results, you can challenge the conclusions of experts in court (clause 5, article 18 of Law N 2300-1; clause 28 of Rules N 55). Note! If the examination reveals that the defects of the goods arose through no fault of the seller, you must reimburse the seller for the costs of the examination and the costs of storing the goods and transporting them (clause 5, article 18 of Law N 2300-1). Step 4. Receive money for low-quality goods The term for the return of money paid for low-quality goods is 10 days from the date of the claim (Article 22 of Law N 2300-1). When returning funds to the buyer, the seller is not entitled to withhold from them the amount by which the value of the goods has decreased due to its full or partial use, loss of its presentation, or similar circumstances. 5 st. 503 of the Civil Code of the Russian Federation; Clause 27 of Rules No. 55). Step 5. If the seller refuses to resolve the issue on a voluntary basis, file a lawsuit in court including the difference between the price of the goods established by the retail sale and purchase agreement and the price of the corresponding goods at the time of the court decision (clause 4 of article 504 of the Civil Code of the Russian Federation; clause 1 of article 18, clause 4 of article 24 of Law N 2300- one). For violation of the refund period, the seller can be charged a penalty (penalty) in the amount of 1% of the price of the goods for each day of delay (clause 1, article 23 of Law N 2300-1). Note. Claims for compensation for losses caused to you and payment of a penalty (penalty) can also be made in a claim to the seller, but often it is not possible to achieve their satisfaction on a voluntary basis. You also have the right to demand compensation for non-pecuniary damage from the seller (Article 15 of Law N 2300-1). Reference. The amount of the state duty Claimants in claims for the protection of consumer rights are exempted from paying the state duty if the value of the claim does not exceed 1 million rubles. If the value of the claim exceeds 1 million rubles, the state duty is paid in the amount calculated on the basis of the value of the claim and reduced by the amount of the state duty payable if the value of the claim is 1 million rubles. (Clause 3, Article 17 of Law N 2300-1; Clause 4, Clause 2 and Clause 3, Article 333.36 of the Tax Code of the Russian Federation). If the court satisfies your claims that were not fulfilled voluntarily by the seller, the court collects from the seller in your favor a fine in the amount of 50% of the amount awarded to you (clause 6, article 13 of Law N 2300-1; clause 46 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 06/28/2012 No. 17). When satisfying the claim, the court may also fully or partially recover from the defendant the legal costs you have declared, in particular the costs of paying for the services of a representative, postage costs associated with the proceedings (part 1 of article 88, article 94, part 1 of article 98, part 1, article 100 of the Code of Civil Procedure of the Russian Federation; paragraphs 2, 4 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 01.21.2016 N 1).

A mink coat was bought in a store (on an installment plan) 1.5 years ago. The warranty ended in August last year. At the moment, significant shortcomings of this product were revealed: the fur partially fell asleep (on the back), the loops (clasps) stopped holding (they are constantly growing), some even fell out of the fur coat; the lining is a sign on, and not sewn to a fur coat. What to do in such a situation? Can I request a refund of the money paid for such a product? Where to apply?

It will be possible to demand a refund, but first you need to conduct an independent examination.

I bought a water heater a year and a half ago, the store said that they have a 1 year warranty, and in the documents for the heater 2 years. He's out of order for me. Where and with what documents should I apply?

What they said does not matter, now you need to submit a written claim based on the norms of the Civil Code for the return of its value.

of this Law, the requirements for the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) regarding the defects of the goods, if they are found during the warranty period or shelf life.

With regard to goods for which no warranty or expiration dates have been established, the consumer has the right to make these claims if the defects of the goods are discovered within a reasonable time, but within two years from the date of their transfer to the consumer, unless longer periods are established by law or contract.