Publication date: 21.04.2025
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Initial Data. A client submitted her phone for warranty repair. The service provider missed the repair deadline, failed to provide a replacement phone as required, and did not complete the repair, as the device was deemed irreparable.
Solution. A lawsuit was filed to recover penalties for each day of delay in eliminating defects beyond the legally established 14-day period, as well as for each day of delay in fulfilling the requirement to provide a similar product from the exchange fund.
Result. The claims were satisfied, and the client was compensated for the penalties.
Warranty Repairs and Consumer Rights
If a seller or service center delays a warranty repair, consumers have specific rights under Ukrainian law.
What to Do If a Repair Is Delayed?
- Official Complaint – Submit a written demand to the seller or service center regarding the missed deadlines.
- Request a Replacement – If the repair cannot be completed within the stipulated period, the consumer may demand a replacement product or a refund.
- Compensation for Delay – For each day of delay, the consumer is entitled to a penalty of 1% of the product’s value (Article 8 of the Law).
- Filing a Complaint with the State Consumer Protection Service – If the seller ignores the complaint, a grievance can be submitted to the relevant regulatory body.
- Lawsuit – If other methods fail, a lawsuit can be filed to claim damages.
Consumer Rights in Warranty Repairs
Under the Ukrainian Law on Consumer Protection, consumers have several key rights when it comes to warranty repairs:
- Free Defect Repair – If a product fails within the warranty period due to no fault of the consumer, the service center or seller is obligated to repair the defects at no cost.
- Repair Timeframe – A warranty repair must be completed within 14 days from the date the item was submitted for repair unless otherwise specified in the contract or by the manufacturer. If this deadline is exceeded, the consumer has the right to demand a working replacement product or compensation of 1% of the product’s value for each day of delay.
- Temporary Replacement Device – The seller or service center must provide the consumer with a temporary replacement of a similar item if this is stipulated in the contract or applies to replaceable categories such as phones, laptops, etc.
- Refund or Replacement – If the repair is impossible, the defect recurs, or the repair takes longer than 14 days, the consumer has the right to demand a refund or a new replacement product.
Legal Assistance for Consumer Rights Protection
A lawyer can be instrumental in consumer rights cases, particularly when a seller or service center ignores complaints or refuses to fulfill obligations.
- Case Analysis & Consultation – Reviewing documents (warranty card, sales contract, repair receipt) and determining the legal basis for repair, replacement, or refund claims.
- Filing a Legal Complaint – A lawyer can help draft and submit a claim to the seller or service center. If ignored, they can escalate the matter to the State Consumer Protection Service or other regulatory authorities.
- Legal Representation – If the dispute cannot be resolved amicably, a lawyer will prepare a lawsuit and represent the client in court.
- Compensation Recovery – The lawyer will demand reimbursement for damages, penalties, and moral compensation, ensuring court decisions are enforced.
When Should You Contact a Lawyer?
- If the seller or service center ignores complaints.
- If warranty repairs are delayed or performed poorly.
- If a refund or product replacement is denied.
- If a legally sound claim or lawsuit needs to be prepared.
Key Takeaways
If a product fails within the warranty period due to no fault of the consumer, the seller or service center must repair it for free.
If the repair is impossible, the same defect recurs, or the repair takes longer than 14 days, the consumer has the right to demand a refund or replacement.
According to the Ukrainian Law on Consumer Protection (Article 8), warranty repairs must be completed within 14 days, unless a different timeframe is established by the contract or manufacturer.
If a company fails to fulfill its warranty repair obligations, it is advisable to consult a qualified lawyer to protect your rights and claim compensation.
Experienced lawyer Iryna Seryohina provides consultations and full legal support for compensation claims.
