Product warranty: what it is and how to use it. What is a bank guarantee in simple words? You receive a guarantee that

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Growing incomes of the population inevitably leads to an increase in the number of purchases of so-called durable goods: household appliances, cars, clothing, shoes, etc. In most cases, the purchase of such goods will be accompanied by a guarantee.

What does a consumer guarantee for a product or work provide? What are the rights of consumers in this area? Is the so-called paid guarantee really necessary?

In accordance with the Law “On the Protection of Consumer Rights,” the manufacturer has the right to establish a warranty period during which he is responsible for the serviceability of the goods sold. The warranty period can be set both in terms of time (for example, 1 year or 30 days), and depending on the intensity of use of the product (for example, fixing the warranty period depending on the mileage of the car in kilometers). The most common option for establishing a guarantee is to fix it in a temporary basis.

The duration of the warranty period can be any - this remains at the discretion of the manufacturer. Unlike the traditions of Soviet trade, the state does not interfere in this process. If the manufacturer has not established a warranty or if the seller has decided to extend its duration in addition to the manufacturer's obligations, the seller may issue its own warranty statements. But if at the same time the seller removes the manufacturer’s warranty cards and replaces them with his own card, know that this is illegal.

Thus, for example, a TV with a 3-year warranty from the manufacturer, by replacing the warranty card, can turn into a TV with a 1-year warranty and an offer to buy an additional warranty for another 2 years. Such actions of the seller serve as the basis for imposing a fine for deceiving the consumer and providing false information.

Should I choose products based only on the duration of the warranty? Annual research by the British consumer organization "Which?", colleagues of ConfOP, shows that the reliability of, for example, audiovisual equipment has increased significantly over the past 5-7 years.

For most product groups, consumers did not encounter any breakdowns in the first six years of operation. This is typical for 95% of flat-screen TVs, 97% of DVD players, 92% of DVD players with recording function and digital video cameras, 96% of digital cameras, 93% - MP3 players. For some brands, the level of reliability in these product groups reached 99%. Certainly, Russian market different from the British one. However, if you prefer world famous brands, the manufacturer’s range in our country will not differ much, and the level of reliability will remain high.

Experience shows: most of the shortcomings not related to the “human factor”, that is, to the way the consumer followed the instructions for use, are identified during the first months of operation. Therefore, spending money on an additional warranty is pointless.

Washing machines with dryers, mobile phones less reliable: here the number of identified failures not due to the consumer’s fault is higher, but does not exceed 20%. The only area where it is profitable to buy goods with a long warranty in our country is cars. The high cost of spare parts, low competition between service centers, and poor quality of roads lead to the fact that independent repairs are quite expensive for the owner. Therefore, for now, a 3-year car warranty is not superfluous.

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What are the rights of the consumer if a defect is discovered during the warranty period?

Article 18 of the Law “On the Protection of Consumer Rights” establishes that if defects are identified in a product, the consumer independently chooses how this defect will be eliminated. He has the right to demand:

• replacing the product with a working one of the same model;
• replacing the product with another model with recalculation of the purchase price;
• termination of the sales contract and return of money paid for the goods;
• discounts;
• free repair.

Regardless of whose warranty it was - the manufacturer's or the seller's, a claim to eliminate the defect can be presented to the selling organization, which is more convenient for the consumer. In this case, the consumer must prove only the fact of a malfunction (whether there is a defect in the product or not), and the manufacturer or seller may try to prove that the defect arose through the fault of the consumer by conducting an examination at his own expense of the causes of the defect.

The store does not have the right to refuse to accept a faulty product and redirect you to a “distant address” (for example, to a service center). Moreover, it is legally established that the delivery of large-sized goods and goods weighing more than five kilograms for repair, markdown, replacement and (or) return to the consumer is carried out at the expense of the seller or manufacturer or with reimbursement of expenses to the consumer if he made the delivery on his own.

We also recommend that you determine in writing which method of eliminating the deficiency you choose by drawing up a free-form complaint. When transferring a faulty product to the seller for examination, the consumer must draw up a report describing the product, recording the fact of the defect and the date of acceptance. If the seller has disappeared since the sale or, for example, the sign has changed without changing legal entity indicated on the sign or receipt, ask whether it is new company successor to the previous one. If not, you have only one option: make a claim - to the manufacturer or importer.

For technically complex products, a request for a refund or replacement after 15 days from the date of purchase will only be considered if there is a significant defect. The list of technically complex goods was approved by Government Decree No. 575 of May 13, 1997 (See RG No. 8 of 2008).

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If you do not want to prove that the defect identified in a technically complex product is significant, in accordance with the law, you can expect free repairs within no more than 45 days.

Also remember that popular products such as mobile phones, televisions, digital cameras and video cameras, jewelry and other goods not included in the list are not technically complex by law, which means you can demand a replacement and refund regardless of the significance of the defect identified during the warranty period.

If you do agree to a free repair, the legislator has provided the opportunity to receive a similar product for free use during the repair period. To do this, you must request in writing that this provision law. The seller or manufacturer must fulfill your request within three days.

Refusal to provide a similar product for free use is grounds for collecting a penalty in the amount of 1 percent of the price of the product per day.

However, there is a list of durable goods that are not subject to the buyer’s requirement to provide them free of charge for the period of repair or replacement of a similar product. It was approved by Decree of the Government of the Russian Federation dated October 20, 1998 N 1222. These are:

• cars, motorcycles and other types of motor vehicles, except for goods intended for use by disabled people, pleasure craft and watercraft;
• furniture;
• electrical household appliances used as toiletries and for medical purposes;
• electrical household appliances used for heat treatment of food and cooking;
• civilian weapons.

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The consumer educational program was conducted by the Chairman of the Board of the International Confederation of Consumer Societies (ConfOP) Dmitry Yanin.

Do you know what guarantee will definitely not work? Something like this:

“Our garbage removal company provides an excellent guarantee, if for some reason you are unhappy with our work, then we will definitely return your garbage in double amount.”

In all other cases, you can confidently offer your clients the most daring guarantees!

How does the warranty work?

Do you think they announced the Super Guarantee, and crowds of customers, stupefied with happiness, rushed to your company? This just won't happen.

The main purpose of the guarantee is completely different. It is not intended to dramatically increase sales, but to increase the trust of potential clients in you. Plus, having a warranty can make you stand out from your competitors. “They apparently doubt the quality of their products, since they cannot guarantee anything,” the consumer will decide.

This bright thought will lead to the fact that in most cases he will choose a company that offers guarantees (even the most ridiculous ones - up to a guarantee for good mood from purchase).

What guarantees can be offered to clients?

There are three main types of guarantees:

• on the price

Have you ever come across loud statements like “if you find exactly the same product, but cheaper, we will refund you its full price and pay extra on top”? Why don't you do the same.

- Wow! – will think potential client. – Apparently, they really have everything super cheap if they are afraid to offer such a guarantee.

• for quality

The classic version of the guarantee: “If you are dissatisfied with the quality of the product (service), we will return your money.” The promise to give a gift in exchange for your time and nerve cells works well.

• for delivery times

Such guarantees are offered by almost any company for which it works. courier service. For example, a pizza production and delivery company. “If you do not receive our delicious and hot pizza within 60 minutes, we will give it to you for free,” is how their guarantee usually sounds. By the way, here the client also has excitement mixed in: suddenly they will be late, and the pizza will actually get for free.

What if I go broke on these guarantees?

Simply put, you also need guarantees that your business will not collapse due to the wave of this unheard of generosity J

So, if you give a guarantee on the price (“if you find it cheaper, we’ll return your money”), then it wouldn’t hurt to play it safe and make branded packaging for your products. Then the buyer will certainly not find it anywhere exactly the same product cheaper than your company. If you offer any services, then you can give a guarantee for a certain package of services, which is not identical to any competing company.

In the case of a delivery guarantee, everything is also simple: you subtract the cost of the goods from the earnings of the employees who were at fault. After all, this is really their jamb: the product must always be delivered to the consumer on time.

It turns out that the guarantee is not as scary as many novice entrepreneurs imagine it to be. But the benefits from it are enormous!

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The conference will be held online at your convenience. This means that everything useful tips and real working tips from successful businessmen and business consultants will literally “come to your home.”

We will reveal secrets especially for you:

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P.P.S. Think about what guarantees you could offer your clients. Share your thoughts in the comments to this article.

We answer the most popular questions about the warranty.

We are all buyers, and from time to time we need to use a warranty on the purchased goods. However, if any shortcomings are discovered, it is not always possible to return or exchange the product without problems. So what is a guarantee and how to use it? Is there “life” after the warranty?

What is the warranty period and who sets it?

The warranty period of a product is the period during which the buyer can make claims to the manufacturer or seller for the low-quality goods he purchased, and the seller is obliged to satisfy these claims. The expiration date begins from the day the product was purchased, but if the day the product was sold is unknown, the starting point becomes the date of manufacture. “The warranty period can be set by both the manufacturer and the seller - this is stated in Article 5 of the Law “On the Protection of Consumer Rights,” explains Rodion Yuryev, head of the Yuriev Legal Bureau. - However, the seller cannot reduce the warranty period established by the manufacturer - he can only extend it. If the warranty period is not established by either the manufacturer or the seller, it will be equal to 2 years from the date of purchase (".

It is worth noting that the manufacturer also has the right to set the terms of the warranty. The buyer is obliged to comply with the operating rules and follow the product instructions. For example, a car owner must carry out regular maintenance.

What does the guarantee provide to the buyer?

Leading legal adviser of the Basalt company Marina Klepko notes that if the product turns out to be of inadequate quality (with the exception of technically complex goods), in accordance with Article 18 of the Law “On Protection of Consumer Rights” you can demand:

• proportionate reduction in price;
• replacing the product with a similar one;
• free repairs or reimbursement of repair costs;
• refund.

It is worth mentioning separately about technically complex products. If significant defects are found, you can also count on a refund of the full cost of the product and an exchange, however, such claims can only be made within 15 days after purchase. After this period, only repairs are possible.

What documents are needed to take advantage of the guarantee?

In order to make the process of returning an item to a store as easy as possible, it is necessary to prove when the item was purchased and in which store. That is why you need to have the following documents with you:

• cashier's check (or bank statement);
• completed warranty card.

However, if documents are missing for any reason, this is not a reason to refuse warranty service to the consumer. According to Article 18.5 of the Law “On Protection of Consumer Rights”, the buyer may present testimony of witnesses, oral or written, as evidence.

What to do if a warranty claim occurs?

If a warranty claim occurs, you must do the following:

1. Check the list of service centers on the warranty card.

2. Write a complaint that includes your requirements, a description of the defects in the product, the date of purchase, and how you want to resolve the problem, such as a refund or repair. Please also attach a copy of the sales receipt and completed warranty card.

3. Contact the service center with a complaint, do not forget to get the seller’s signature on a copy of the document.

Remember that depending on your requirements, you are entitled to:

• refund within 10 days;
• exchange of goods for a new one within 7 days, with additional verification - 20 days;
• elimination of product defects within 45 days. Remember that during the repair period the seller is obliged to provide you with a similar product and extend the warranty period after repair (.

4. If these deadlines are violated, then after their expiration you can sue. Also, according to Article 23 of the Law “On the Protection of Consumer Rights”, you are entitled to 1% of the cost of the goods for each day of delay. Remember that the seller has the right to conduct an examination to determine the nature of the defects of the product. If the product defect is the buyer’s fault, then warranty service may be denied.

In addition, you have the right to contact the Society for the Protection of Consumer Rights or Rospotrebnadzor - these organizations will help resolve the situation out of court.

How does the warranty work if the product is purchased abroad?

A foreign manufacturer is not obliged to provide a warranty for the product, but may do so of its own free will. Russian laws in such situations they do not act, and even going to court is impossible. If there is a Russian representative office of a foreign company, it is worth contacting them and, perhaps, they will exchange the goods or offer you repairs.

Can the manufacturer refuse to provide a warranty?

The manufacturer or seller has the right to refuse a warranty if the buyer has violated the operating conditions. True, in order to refuse warranty service to the consumer, the seller must prove that the defects arose after the transfer of the goods, for example, due to violation of use, storage, transportation or the actions of third parties - this is stated in Article 476 of the Civil Code of the Russian Federation. If this is not proven, the consumer does not have the right to refuse warranty service.

What should I do if the warranty has expired and the product is broken?

If the warranty period of the product has expired, the seller has every right to refuse service to the consumer. However, there is such a thing as service life - this is the period during which the manufacturer is responsible for significant deficiencies that arise through his fault, and ensures the possibility of using the product for its intended purpose (). "To have the right to warranty service in this case, the buyer must prove that the cause of the breakdown is not his fault, and the defects arose due to the fault of the manufacturer even before the delivery of the goods. Of course, this is very difficult to prove in practice. By the way, if the product warranty period is less than two years, and product defects were discovered after the expiration of the period (but within two years), you have the right to service if you prove that the product defects arose before its purchase.

Here is a clear example of how warranty service works even after the warranty period has expired. The sofa of one of the IKEA store customers broke down a year and a half after purchase. The warranty period was only 1 year, so the service center refused to find a suitable part and repair. We wrote to the IKEA press service asking for comment on this problem, and after some time we received an answer: the service life of the sofa is 10 years, and therefore the company is ready to issue a spare part to the buyer. Later we found out that IKEA employees themselves contacted the buyer and decided not to just issue a spare part - they replaced the sofa completely!

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Give a guarantee

Give a guarantee

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Dictionary of Russian synonyms.

See what “give a guarantee” means in other dictionaries:

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- (French Civil Code of the FGC) was developed under the direct leadership of Napoleon 1 and adopted in 1804. Before the adoption of the FGC, France was virtually deprived of a unified civil legislation: Roman law prevailed in the southern regions, in... ... Encyclopedia of Lawyer

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Books

• Letters on logic. Specially democratic-proletarian logic, I. Dietzgen. The book by the famous German philosopher Joseph Dietzgen is devoted to the problems of logic and theory of knowledge. The presentation is constructed by the author in the form of letters to his son, publicist Eugene Dietzgen. The book doesn't...