The warranty period plays an important role in consumer protection. Its concept is clearly defined in the law, but in practice there are many questions related to it, for example, what to do if the seller and manufacturer have set different warranty periods for the same product? What should I do if a product is found to be defective after the warranty expires?
To establish a warranty period is the right of the seller or manufacturer of the goods. It is assumed that the product will function properly during this time. The legal significance of the warranty period is that if defects are found in the goods during this period, the consumer may demand repair, exchange, refund or reduction in the price of the goods, moreover, such claims must be satisfied without finding out the reasons for the defects in the goods.
Often, sellers set their own warranty periods and mislead buyers about the possibility of demanding repair or return of defective goods after the warranty expires. However, the Consumer Protection Law stipulates that the seller sets his warranty period only if it is not set by the manufacturer. If the product has a manufacturer's warranty period, the seller can set the warranty period only equal to or greater.
The consumer chooses on his own to whom to present claims related to the defects of the goods: the manufacturer or the seller. Within the manufacturer's warranty period, the buyer can present quality claims to both the manufacturer and the seller. If the period specified by the manufacturer has expired, claims can only be addressed to the seller wishing to establish a longer warranty period.
The warranty period begins to run from the moment of transfer, delivery of the goods to the buyer and resumes from the very beginning after the return of the goods from repair. But, if it is impossible to determine the day of transfer of the goods, the warranty period begins to count from the date of manufacture of the goods.
If the goods are handed over to the consumer, but he cannot start using it due to defects, or the need for assembly, etc., the beginning of the warranty period is postponed until such defects are eliminated.
The warranty period for seasonal goods is calculated in a special way - it begins to flow with the onset of the corresponding season. The dates of the beginning and end of the seasons are different in each subject of Russia and are established by decrees of local governments. A consumer claim regarding product defects may be declared even before the start of the warranty period, if they are discovered before the start of the season.
In an abuse of their position, sellers sometimes offer buyers to purchase additional warranty service certificates for a fee, including services that are essentially their legal obligation. Therefore, the buyer should carefully read the content of the certificate and, if its period coincides with the warranty period, it is most likely impossible to call such services additional.
If the seller refuses warranty obligations due to the incorrect filling of the warranty card, he violates the rights of consumers and may be held administratively liable. Also, the seller's statement that during the warranty period he only provides service for the goods, and does not accept it back or exchange it, does not comply with the law.
The expiration of the warranty period does not prevent the consumer from protecting his rights in the event of defects in the goods. However, the consumer will have to prove that the product was flawed prior to receiving it.
