What to do if you were deceived at the service center? Secrets of correctly contacting a service center
If the service employees “mess up”, they can file a claim with the manufacturer of the product.How to act competently as a consumer to achieve compensation
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I took my mobile phone to a service center for warranty repairs. Two weeks later I came to pick it up, and it turned out that the service center was no longer there: there was a lock on the door, the sign with the name had disappeared. Friends advise contacting the police, but I understand that this will take God knows how long and is unlikely to help at all. Maybe you can recommend something more effective? Victor
This is how Dmitry LESNYAK, a lawyer for the Society for the Protection of Consumer Rights “Public Control”, advised to act in such situations, speaking on the air of the radio station “ TVNZ»:
If the service center disappeared along with your equipment or other product submitted for warranty repair, forward your claim to the seller or to the representative office of the manufacturer of the product.
In this case, the consumer’s position is justified as follows. Service centers are authorized organizations with which stores and manufacturers enter into customer service agreements. As a rule, such agreements contain a clause stating that trade Organization and (or) the manufacturer controls the fulfillment by the service of its obligations to consumers.
Based on this, the buyer, whose requirement is not fulfilled by the service center, has the right to forward the claim to the seller or manufacturer. Accordingly, in return for the missing defective product, submitted for warranty repair, you can demand a refund for a low-quality product or replacement with a new high-quality product. In this case, reference should be made to Art. 18 of the Law of the Russian Federation “On the Protection of Consumer Rights”.
Took it to the service center mobile phone for warranty repair, the USB connector does not work. After 2-3 weeks of repairs, I picked up the phone and only discovered at home that the volume buttons on the phone didn’t work at all. I took it to the same service center to have this problem fixed, and the phone was stuck with them for a few more weeks.
When in Once again I took the phone, the volume buttons worked at first, then they began to glitch a little, jam, and after some time the phone turned off and would not turn on. Only when I connected Charger, a sign appeared on the display that charging was in progress, but the device itself did not turn on. How and where can I complain about this service center? Do I have the right to demand compensation from them for damage caused by broken phones? Does the Law on the Protection of Consumer Rights or the Civil Code of the Russian Federation somehow establish responsibility for this?
Victoria
There's an answer
Answers
Rustamova Veronika ViktorovnaLawyer
Part 1 of Article 18 of the Law “On Protection of Consumer Rights” stipulates that in the event of defects in a product, you as a consumer can demand full compensation for losses caused to you as a result of the sale of a product of inadequate quality. Losses will be considered the amount of expenses that you will have to incur to compensate for the damaged item, that is, the costs of repairing it or buying a new one (in the law this is called actual damage).
1) When accepting an item after warranty repair, before signing any documents, carefully inspect it, check its functionality, completeness, and the presence of damage that you did not specify when handing it in for repair.
2) If you find a defect that did not exist at the time of delivery, be sure to write in the report or receipt for the repair that you have a claim for repairs, and explain which ones specifically (the case is dented, a scratch appears on the screen, etc. ). Such an entry must be made in ALL copies of the act - both in yours and in the act of the store or service center.
3) Ask the service center to issue a receipt for new repairs on the spot and fix the detected defect free of charge. It is better to agree on the deadline for eliminating the defect right on the spot and write it down in the receipt.
4) If the store or service center is categorically against it, refuse to receive the item, do not sign any certificate of receipt from repair without claims, and file a claim.
5) If the issue is not resolved even on the claim, you can go to court with a claim for consumer protection. The most convenient way in this case would be to repair the item elsewhere for a fee and demand reimbursement of these costs from the culprit.
They insulted you and at the same time robbed you of money and your laptop or computer is still inoperative. And as a result of all this, a spoiled mood and unjustified expenses.
In this article we will look in detail at the question of what to do if you were deceived at a service center.
What to do if you were deceived at the service center?
Having brought home your computer or laptop, but it does not work, it only worked for a few days, or the repair work was not completed in full.
There is no need to panic and grieve about wasted money, trying to create a row at the service center and similar thoughtless actions that will not lead to anything good anyway.
First, look for a contract and a receipt from this service center that provided you with repair work. Agreement, if any. When going to the service center, make a written complaint to the service center, based on the fact that the repair work to eliminate problems and defects was not completed in full, or as a result of this repair, new defects and similar problems appeared.
Take a girlfriend or boyfriend with you, as some representatives of service centers are known to produce psychological pressure or rudeness towards clients, and there are two or three of you, in which case there will be a witness bad attitude to you. When you arrive at the service center, do not be nervous under any circumstances, do not shout or stomp, in this state it is easier to disorganize and mislead you, in a calm voice explain the reason for your dissatisfaction to the person who took your order. Be more confident in your words.
If after all the claims you are refused. Demand a written refusal from them and contact the Consumer Rights Protection Committee and the Economic Crimes Department with a warning, because you have every right to do so!
Having figured out what to do if you were deceived at the service center, you will already be prepared for such a situation, knowing what and how to do.
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Recently, one of my friends bought himself a new mobile phone. When purchasing, I checked its operation as far as possible. But already at home it turned out that the phone turned off spontaneously during operation. In general, a malfunction was discovered. The next day, my friend took the phone back to the store.
The store told him that a mobile phone is a “technically complex” product, and that if any deficiencies were identified, he should first contact the service center. The service center carried out diagnostics for two days. We found out that a “non-working battery” was to blame. But it turned out that the battery is not included in the warranty. As a result, my friend had to buy a new battery. The phone is working fine now. But how much time and extra money did the buyer have to spend to make this happen? Are the actions of the seller and the service center legal? Let's figure it out. Let me start right away with the fact that a mobile phone is indeed a technically complex product. It cannot be returned to the store or to the manufacturer, for example, because you did not like the color or shape. But if a technically complex product turns out to be faulty, then according to the law “On the Protection of Consumer Rights” (Article 18), the buyer has the right to demand a refund or exchange from the seller within 15 days after purchasing such a product. I myself called the company that sold my friend a faulty phone and asked them how they viewed Article 18 of the Law “On Protection of Consumer Rights”. They answered that they looked good, but they needed proof that the malfunction was not my fault, and they sent me to the service center. I decided to consult the Consumer Rights Protection Society. I called there and described the situation. And there they told me that the seller’s refusal to accept a defective product within 15 days from the date of delivery of the product to the buyer is unlawful. And that the store is obliged to accept the phone back without a conclusion from the service center. So, what should you do if the sales manager at the store refuses to accept your defective product back? Request a manager or administrative representative. If they also refuse to exercise your right to return the faulty product, calmly file a lawsuit. Please note that the seller may refer to Article 475 of the Civil Code of the Russian Federation, where it is written: “p. 1. If the defects of the goods were not specified by the seller, the buyer to whom the goods of inadequate quality were transferred has the right, at his choice, to demand from the seller:
- proportionate reduction in the purchase price;
- free elimination of product defects within a reasonable time;
- reimbursement of their expenses for eliminating defects in the goods.”
- refuse to fulfill the purchase and sale agreement and demand the return of the amount of money paid for the goods;
- demand the replacement of goods of inadequate quality with goods that comply with the contract.”
Any equipment fails sooner or later. You are considered lucky if the breakdown occurs while the warranty period has not yet expired. But in practice, service centers are in no hurry to repair equipment even under warranty. Why does this happen and what to do in such a situation?
In the 1990s. Foreign equipment began to appear on our market. In those days, there were not so many workshops ready to take on the repair of the same Sony. And if the equipment failed, it was, as a rule, either thrown away or left “until better times.” Now the situation has changed radically: almost every large store selling equipment has its own service workshop. Manufacturers are also trying to expand the network of their authorized service centers. Therefore, there should be no problems with warranty repairs. However, very often consumers complain that service centers refuse to recognize the case as covered by warranty and offer to fix the problem for money. Let's figure out why this happens and what to do if the service center refuses warranty repairs.
Why is this happening
Let's say the camera you recently purchased is broken. The warranty period has not yet expired. According to the Consumer Protection Law, you can demand free removal of defects, exchange the product for the same one, but only a working one, or a refund. As a rule, if you contact the seller with a demand to exchange the product or return the money, he will send you to the service center to repair the broken item, although he does not have the right to force repairs (we’ll talk about this below). Actually, the seller’s desire is not difficult to understand: if he exchanges the goods or returns your money, then he himself will have to deal with the manufacturer and seek a refund for the defective item. Thus, stores are trying to get rid of conflicts with the supplier at your expense.
Manufacturers and suppliers of equipment usually do not have their own service centers: opening them is expensive and unprofitable, so suppliers enter into contracts with existing service centers. This process is called authorization. Accordingly, the phrase “authorized service center” means that the manufacturer has entered into an agreement with this service center, thereby officially confirming that this center can repair the goods of this manufacturer and bears full responsibility for this.
According to the contract, the device under warranty must be repaired by an authorized service center (including purchasing all necessary parts) at its own expense. And the manufacturer, for example, once a month compensates the service center for all costs and pays for repair services. But this does not always happen: as soon as the manufacturer suspects that the case was not covered by warranty, the workshop will not receive a penny for the repair. On average, the manufacturer does not pay for up to 5% of all work, and for some items – up to 10 %.
This is the first reason why service centers do not want to undertake warranty repairs of equipment: there is a possibility that they will not be paid for this work and they will remain at a loss.
The second reason is that repairing under warranty is not profitable for the service center. After all, according to the contract, he must provide the supplier with a substantial discount when paying for warranty repairs. For some groups of goods, this discount can reach 75% of the cost of repairs. Agree, it is not very profitable to receive only 25%. And taking into account the fact that the average profitability of a service workshop is about 3%, performing repairs only under warranty will inevitably entail losses.
For these reasons, the workshops are trying their best to prove to you that your case is not under warranty and repairs are possible only at your expense. Then the service center will receive “real” money for work and spare parts, and will not wait for the manufacturer to pay for the repairs (whether they will pay at all and how much is another question).
As a rule, prices for non-warranty repairs can be compared with the cost of the product itself: workshops compensate for their costs associated with warranty repairs (discounts to the manufacturer, refusal to pay for repairs, etc.), increasing prices two to three times. In addition, spare parts supplied by the manufacturer are very expensive. As a result, a new refrigerator will cost two times less than all the parts from which it is made, taken separately. It is clear what the manufacturer’s goal is: there is no need to repair the old - you need to buy a new one.
What to do
It's better not to get involved with warranty repairs. For the reasons described above, it is not profitable for the service center to perform such work, so by hook or by crook it will try to prove that your case is not covered by warranty.
So, if the TV broke during the warranty period through no fault of yours, then according to Art. 18 of the PZPP you have the right to demand from the seller:
■ replacing a product with a product of the same brand;
■ replacing a product with a product of a different brand with an additional payment;
■ reducing the price of a product;
■ free product repair;
■ refund.
If the seller refuses to return your money or exchange the product for another and sends you to a service workshop (and you don’t want to repair it, you need money), then know: he is doing it illegally.
You need to set out your requirements in a written complaint, referring to Art. 18 ZPPP (read more about this in the chapter “How to return defective goods to the store”). Be sure to sign the second copy from the seller. If he doesn't accept the claim, send it by registered mail with a description of the contents and a notification of delivery. Within 10 days, the seller is obliged to independently conduct an examination and find out what happened to the goods. After this period, he must either return the money to you or justify his refusal. Remember that for each day of delay you have the right to a penalty in the amount of 1% of the cost of the goods (Articles 22 and 23 of the Labor Code).
If the seller does not respond to your claim, contact the local branch of Rospotrebnadzor or directly to the court. The store will be punished for non-compliance with the Consumer Protection Law and will be required to fulfill your requirements. However, the case rarely goes to court: the store returns the money.
Many fear that before the examination, the seller may intentionally damage the goods, thereby turning the case into a non-warranty case. Then the store will get rid of the need to return money or exchange the product for another, since the damage was allegedly caused by the buyer.
To prevent this from happening, I recommend that even before going to the store with a claim, you independently contact an independent workshop, which is a disinterested party, so that it can carry out an examination of the product. A free examination can be carried out by an authorized service center. When handing over the device, you must write on the receipt that you refuse repairs and want an inspection to be carried out and the cause of the malfunction determined. The authorized service center has no right to refuse such a request. I note that the inspection period is not established by law and is determined by agreement between you and the workshop.
In addition, according to paragraph 5 of Art. 18 of the PPL, the consumer has the right to be present during the examination of the goods and, in case of disagreement with its results, to challenge the conclusion of such examination in judicial procedure. Therefore, you can request your presence during the examination by the seller or its service center.
But what if you decide to take the device to a workshop for warranty repair?
Before handing over the device, be sure to make sure that all abrasions and scratches are recorded on the receipt, so that later it does not “suddenly” turn out that there was a crack in the case and the case turned out to be out of warranty.
Demand that all visible damage be included on the receipt, rather than simply stating “used.”
If the receipt does not indicate the deadlines for completing the work, then in accordance with paragraph 1 of Art. 20, ZPP repair must be carried out immediately. You can write an additional statement indicating the period during which repairs must be made (for example, 10 days).
If in specified period the repair is not completed, then you have the right to refuse it, pick up the device from the workshop and demand that the seller return your money, or not pick up the device, but demand that the service center pay you a penalty in the amount of 1% of the cost of the goods for each day of delay ( Art. 23 of the Law of the Russian Federation). At the same time, according to paragraph 1 of Art. 20 of the Labor Code, the absence of spare parts is not a basis for extending the repair period and does not relieve the service center from liability for violating this period.
In addition, the general warranty period is extended by the period during which the product was under repair (clause 3 of article 20 of the Law of the Russian Federation).
According to paragraph 2 of Art. 20 of the Labor Code for the period of repair, you can demand that the workshop or seller provide you with a similar product for use free of charge. To do this, you need to fill out an application, which must be signed by an employee of the workshop or store. Your request must be satisfied within three days. However, the provision of this paragraph of the law does not apply to the following goods:
■ cars, motorcycles and other types of motor vehicles, trailers and numbered units for them, except for goods intended for use by disabled people, pleasure craft and watercraft;
■ furniture;
■ electrical appliances, used as toilet items and in medical purposes(electric shavers, electric hair dryers, electric hair curlers, medical electric reflectors, electric heating pads, electric bandages, electric blankets, electric blankets);
■ electrical appliances used for heat treatment products and food preparation (household microwave ovens, electric ovens, toasters, electric boilers, electric kettles, electric heaters, etc.);
■ civilian weapons, the main parts of civilian and service firearms.