Service, exchange and return of PC and other equipment | [service] legal advice



Rep: (115)
We discuss issues relating to constructive communication with the sellers of equipment, warranty, service, etc.

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The most basic tips:
1 .Before you sign something, carefully read what is written there and ask for clarification, if you do not understand something, they will explain to you. If you refuse to explain, do not sign anything without consulting with a lawyer.
2 .Observe the rules for the use of equipment established by the manufacturer.
3 .With all the complaints about the quality of the product during the warranty period, please contact your dealer only. The concept of "service center" is not required by law to protect the rights of consumers, and therefore the Service Centers is actually not how it is limited in terms of repair. All attempts by the seller direct you to a service center are in violation of the current legislation - Part 5, Art.. 18 of the Federal Law "On Protection of Consumers' Rights, which states that" The seller (manufacturer), the authorized organization or the authorized individual businessman, the importer are obliged to take the goods of inadequate quality by the consumer and, if necessary, to check the quality of the goods. "


General recommendations of constructive communication with sellers in identifying deficiencies in the product
  1. All communication is only in writing with a clear explanation of your stated requirements: repair, exchange of goods, refund. At the same time, “exchange of goods” is not “exchange of it for money,” as they often try to convince the “Connected” when drawing up a receipt for accepting goods for quality control. Subsequently, when confirming the production shortage of goods, you can only rely on the satisfaction of the requirement, which was expressed initially.
    All claims are printed in 2 copies - one is given to the seller, the second with the signature and, preferably, with the seal of the seller, confirming the delivery of the claim, is returned to you.

  2. To contact the seller with any requirement under Art. 18 ZoZPP (repair, exchange, return), the presence of a complete set of goods, as well as documents confirming its purchase, is optional. In this case, with any of these requirements, you are entitled to apply to any sales office (communication salon) of the seller.
  3. When dealing with a claim to the seller, and the transfer of goods for subsequent refund, exchange of goods, the repair carefully read the documents you sign (act of reception and transmission equipment, the Act establishing the marriage). These documents must not be conflict with the stated requirement of you. If you need to return the money for the goods, then these documents should not be the word "repair" ( "elimination of defects") or "exchange". In identifying such contradictions is required immediately to eliminate them before signing the document. If the seller refuses (possible excuses: "the computer does not allow changes to the form", "we are forbidden to do it"), then personally crossed out the wrong requirements and appends its (changes made to both copies of the documents - yours and the seller), assures changes his signature.
  4. Carefully before signing, read the section of the executed documents, which describes the state of the goods. All damages, if any, should be described in detail with the location of their detection. It is unacceptable to use common phrases: "scratches", "chips", "rubbing", "used". And also afterwards when receiving the goods from the repair, check its condition before signing the documents on its receipt.
Calculation of terms in the Russian legislation (civil law)
  1. Terms in the civil law of the Russian Federation are calculated from the day following the title event. That is, the period for satisfaction of the claim stated in the claim starts from the next day after the claim is submitted - if the claim with the claim for the refund is delivered to the seller on 01.12.2014, the first day of the 10-day period will be 02.12.2014 will be December 11, 2014.
  2. If the last day of the term falls on a day off, then it is postponed to the next working day after the weekend (weekend). That is, if, for example, the last day of the refund period falls on Saturday, then it is postponed to the next Monday, and accordingly the refund on Monday will not be a violation of the statutory period.
  3. The RF Law "On Protection of Consumer Rights" does not use the termworking day. Thus, weekends are included in the statutory deadlines and do not extend them.
Recommendations for specific situations with defective goods
  1. If less than 15 days have passed since the purchase of a technically complex product and until the shortage was revealed, you are entitled to request a refund of money any flaw . At the same time, I would recommend that you transfer the goods (as a rule, to check its quality) to the seller with your
    claim
    (link is clickable). This document, in receipt of one copy of which the seller signs, in the future will be able to confirm your claim for the return of funds, and also (in the presented version) will confirm the seller’s consent with the presence of a deficiency with the goods.
  2. If you handed over the device for repair, and the seller violated the 45-day deadline for the elimination of deficiencies established by the current legislation (thereby providing you with a legal opportunity to demand a refund), you can do the following:
    - on the 46th day of repair hand over to the sellerclaim (link is clickable). Thereby you protect yourself from the seller’s possible claim that the goods were repaired on time, but you just didn’t apply for it from the repair. And then, after the seller’s explanation that your claim will be reviewed by management (or the legal department), hand him a second claim (The link is clickable). In this way, you will deprive the seller of any opportunity to justify for the violation of the repair deadlines and he will be forced to refund you for the goods.
Consumer Extremism in Russia
Wikipedia gives a very precise definition of consumer extremism:

Consumer extremism - the behavior of consumers of goods and services, with the aim of obtaining a certain benefit and income, manipulating the legislation on consumer rights for personal gain.

But in Russia, its understanding of "consumer extremism" is significantly different from the definition in Wikipedia.

The Internet and television do not quite correctly interpret this concept. In Russia, it will not be possible to spill a cup of hot coffee on yourself and sue the seller for compensation of $ 160,000 (Stella Liebeck, Stella Prize).

In Russia, often, by consumer extremism they mean (more precisely, business workers are trying to impose on us) the manifestation of their civic activity (“I am trembling, or I have the right”) trampled into the ground With the bold and cynical presentation of sellers, performers and their associations (and sometimes some social activists and public organizations) through the media, there is a deliberate distortion of this concept.

Refused to perform the contract due to a delay in one day - You PE, could not wait another day, enter the position of the seller. And it does not matter that the consumer has the legal right not to wait anymore.
He demanded a two-fold cost of a thing spoiled in dry-cleaning - you are PE, “honestly” who did not want to be content with a one-time refund. And it does not matter that such a law is spelled out in the law.
He filed a lawsuit and sued the 7-fold amount of the initial debt - you PE, who removed the last shirt from a poor performer. And it does not matter that the ham respondent for almost a year fed you with empty breakfasts.
Won 50 Consumer Protection Courts - You PE. And do not care that you are outraged by the current state of affairs in housing and communal services retired, thirsting for justice for themselves and other citizens.
I forced X5 Retail Group to pay for their purchases from them, having cut down the double sum from above, thanks to inaccurate information in the network promotion campaign - You PE. And nothing that does not always succeed even to recapture an extra overpaid penny due to the discrepancy of the price on the price tag and the checkout.
Changed the standard sample loan agreement with the bank, zeroing the interest on the loan, adding additional conditions about the penalty in your favor - You are PE, cheater, cheater. And nothing that the banks themselves use the small print unilaterally change the terms of the contract, enter into the contract conditions that are contrary to the law, transfer information to third parties, impose additional services, etc., and so on, and that nobody, in turn, interfered with the bank read such a contract before signing.
He demanded 5 million rubles in compensation for moral damage for a dish made of sea mollusks, the shell from which crashed into the esophagus and led to disability - you are PE. Why? But it did not die, that's why.

Shamed Russia "consumer extremism", which protects the consumer their legal rights and calculates exactly what is written in the law or the contract (and no more), and has nothing to do with consumer extremism in the West, is presented as something shameful. Do not be ashamed and habitually allowed to break one side, but a shame and condemnatory other side to enjoy the rights that allow rich. Yes there is a '' rich '', loudly - earn at least a '' children ice cream, Baba flowers ''. After all, one '' I'm sorry, was wrong '' will not be full, the spent energy, time and nerves you do not compensate.

It is certainly possible to think that the self-serving plan to seize more money (in comparison with the cost of goods, works or services) it dishonestly. But as it was originally called? The actions of the guilty party in breach of the conditions of the contract, the consumer's right, catching the consumer to spend extra time, effort, nerves and money to defend their rights. All this must be recovered, and rightly, and not, as it happened, when our courts, in accordance with applicable law, the proportionality of sums awarded for personal injury, property of consumers, violation of their other rights, is estimated, as a rule, it is not fair if not say ridiculously small. Seller (executor) must be aware of the risk of the activity and severity of the consequences of foul play, but it will make it to work in good faith. In the meantime, with the permission of the current legislation, all risks are reduced to existent penny, and violation of the rights of consumers brings more benefits than their observance.

useful links
Possible official representatives of the sellers on the forum


Glossary for residents of Ukraine. Author -* leinsprod_, (there is no possibility to verify information by the curator)

Plan dіy, with viivlennі nedolіkіv goods, pіd hour guarantіynogo termіnu.

Versions on Ukraine Movies
1. A letter zvertaєmos to the store with us vinuyu usunuti nedolіki (abo i vshyuyu vimo zhіdno sStatue 8 Chastinoy 1) in term we meanArticle 8 Part 9LU "About the owner of rights of rights" (14 calendar days, de hour for delivery, wihdі - do not vrahovuyutsya). In the application: brand / model / col_r / modif_katsіyu product, yaku nedolіk buv viyavleniya, and also a set of goods, in the yakіy buv transfers the goods to the hands of the representatives (gokhol, zakhistné sklo, memory card, USB cable, charge device). Another copy of the print shop is filled with soothing.
2. When consumed, it is written that the goods are equivalent, for an hour of warranty repair, from the store to the fund (Article 8 Part 9Memory "About zahist rights vospyzhachiv").
3. When the product is turned to your store, you have to pick up a telephone number that you need. Such a procedure is to be timid before yak ppdpisati rozpisku about vidmovu claims to the store (yakso taka є).
3. A) Weakly vain embarrassed by the guarantee of the servicemen, and in order to do so, and in peace, in lacriment, and in lacriment, in order to write a letter to the ms.Statti 10 Part 3Memory "About zahist rights vospogivachіv". Vidovіd on zvernennya you blame nadati u termіn, uznacheny uStatti 20Law of Ukraine "About the beasts of horny" (up to 30 calendar days).

Posilannya on the Law of Ukraine Victorians at the Institute:
Russian version
// coming soon //


Documents:


Some examples of statements were taken from public sources. Special thanks to the lawyers who provided free assistance in the Telegram-bot "My Lawyer" (to me personally). Published only what he used. Success or not, we will soon find out).



A brief tour of the Code of Civil Procedure of the Russian Federation and related legislation in the field of consumer protection (in the filling stage)
Is a complaint procedure mandatory before going to court?
Before filing a claim in court obligatory claim procedure of dispute settlement provided in the event of non-performance or improper performance of the service provider for the obligations arising from the provision of services contract (paragraph 4 of Article 55 of the Federal Law of July 7, 2003 N 126-FZ "On Telecommunications") as well as in connection with the carriage of passengers, baggage, cargo, or in connection with the towing facility inland waterway (paragraph 1 of article 161 of the Code of inland water transport of the Russian Federation).
Non-compliance with this rule is the basis for the return of the statement of claim with reference to clause 1 of part 1 of article 135 of the Code of Civil Procedure of the Russian Federation. (p. 23 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 28.06.2012 No. 17 "On the Consideration by Courts of Civil Cases in Disputes on Consumer Protection Protection"

In which court to file a claim?
If the price of the claim (the amount of the claim) is not more than 100,000 (one hundred thousand), the claim is considered a world court. In other cases, the statement of claim shall be subject to submission to the District Court.
Territorial claim on the consumer's choice may be submitted:
- at the place of the conclusion or performance of the contract;
- at the location of residence or respondent;
- at the place of residence of the plaintiff.
If the place where the contract of purchase and sale of remote install is not possible, then the specified contract is concluded at the place of residence of the consumer.

The court requires to specify in the statement of claim the place of residence / registration of an individual entrepreneur. What to do?
Most entrepreneurs try not to advertise the address of the residence or registration. In this formulation n. 3 h. 2 tbsp. 131 of the RF Code of Civil Procedure is not clear displays need to indicate in the statement of claim of residence or registration of an individual entrepreneur, what is often enjoyed by the judges, leaving the statement of claim without movement.

For IP address registration should apply to any territorial tax office or multipurpose center with a written request for information on the place of residence of the individual entrepreneur.

In the request provide the followingYours intelligence:
- FULL NAME;
- VAT number (if any);
- contact number;
- the postal address or e-mail address;
- details of the passport.
The text of the request, specify:
- the essence of treatment. It can be formulated as follows: I beg to report information on the place of residence of an individual entrepreneur;
- Full name of the individual entrepreneur, the residence address of the request;
- INN OGRN or individual entrepreneur, the residence address of the request;
- a way to get the answer. The answer is in the form of a paper document is produced directly at the place of submission of the request, in electronic form - are sent to the e-mail address.
At the time of receiving the written request, the applicant must present a passport.

At the request of the applicant for the second copy of the request must make a mark on the admission, indicate the name, initials and title of a specialist who has received the request, the date of receiving the request.

The deadline for providing a response to the request - 5 days.
To find out which department to contact, you need to use the service on the FNS website. Also there you can find details for state duty payment, which amounts to 200 rubles for information in a general way, if the address is an urgent need (provision of data within one working day) - is 400 rubles.


The information presented in the header is based on the personal experience of the curator and is not an attempt to impose this procedure on anyone. Suggestions for filling caps are welcome, contactQMS curator jb007sa


Post has been editedjb007sa - 09.04.20, 06:25
Reason for editing: Filling content - a brief digression ...



Rep: (0)
Good day! Is the communicator a technically complex product? And then I broke the asus 525 and they say in the store that they are and do not want to give money!



Rep: (19)
miha364 ,
Yes, it is a complex device.



Rep: (1535)
miha364 ,
The list of non-food goods of good quality, not subject to return or exchange for similar goods
11. Technically complex household goods, which are installedwarranty period (machine tools and household woodworking; household electrical appliances and appliances; household electronic equipment; household computing and multiplying equipment ; photo and video equipment; telephones and facsimile equipment; electromusic instruments; electronic toys, domestic gas equipment and devices)
(as amended by the Decree of the Government of the Russian Federation of 20.10.1998 N 1222, of 06.02.2002 N 81)



Rep: (0)
Duck, then it broke, they repaired under warranty! But I wrote a statement about the return of money! And the speaker broke, changed it, can I demand money from them or not?



Rep: (19)
miha364 ,
money will not be returned will be repaired until the end of the guarantee.



Rep: (0)
czech cat ,
miha364 ,
refusal of repair and the requirement to return the amount paid is your full right



Rep: (0)
pl_Melkor ,
The fact is that the store claims that the communicator is a technical, complex product, and this type of product can be exchanged for the same product or for money if you are unable to repair it within 45 days or if you detect a significant shortage a flaw or flaw that cannot be repaired without disproportionate expenses or time-consuming, or is detected repeatedly, or reappears after its elimination!
I now think how they referred to the complex technical goods where it is written! Who faced this problem, unsubscribe ... :(

Added @ 13.05.2008, 13:23

Complex tech. products:
Vehicles and license plates for them
Motorcycles, scooters
Snowmobiles
Boats, yachts, outboard motors
Refrigerators and freezers
Automatic washing machines
Personal computers with basic peripherals
Tractors, agricultural, motobloki, motor-cultiv



Rep: (0)
“Clause 1. Article. 18 "In the case of a technically complex product, the consumer, in the event of deficiencies in it, has the right to refuse to execute the contract of sale and request the return of the amount paid for such goods, or request to replace it with goods of the same brand (model, article) product of another brand (model, article) with a corresponding recalculation of the purchase price within fifteen days from the day transfer to the consumer of such goods. After the expiration of this period, these requirements shall be satisfied in one of the following cases:
  detection of a significant shortage of goods;
  violation of the deadlines for eliminating deficiencies of the goods established by this Law;
  the inability to use the product during each year of the warranty period in the aggregate of more than thirty days due to the repeated elimination of its various shortcomings. "

in your case, you have the rightrefuse from the contract of sale, because found a significant shortcoming, if they refuse, write a written complaint to which they are obliged to respond in writing, and they will not look there for a long time with this answer, because the law is on your side



Rep: (0)
Good time of day! You know I really did not like it? And I do not like the fact that when people do not know anything and try something else to advise! Money I did not want to give up but I do not give a whole evening sitting and thinking how to make them all the same to me back my money and decided to catch hold of the fact that the CCP is not technically difficult goods! In fact, this is the case when in 1996 came up with the law in Russia PDA perhaps even ideas were not, and yet I have come to the store asked for a declaration of conformity and there in black and white that this subscriber station, so there's a fool it is clear that the PC with the main peripherals subscriber station will be difficult to carry. I wrote a letter waiting ... If you do not go to court.
: victory:



Rep: (938)
miha364 @ 05/23/08 4:24:57 PM
Do you know me the most that you don't like? And I do not like the fact that when people themselves do not know anything and are trying to advise something else!

Didn't you like the reference to the Consumer Protection Act?
Then you can read the full text yourself:http://www.zzpp.ru/.
By the way, on this site you can get a free consultation of specialists.



Rep: (0)
Czech Cat, 05/12/08 01:58:28
miha364 ,
Yes, it is a complex device.

I did not like this statement, but I read the law many times



Rep: (0)
miha364 ,
If you read the law, let me explain your rights again:
1: Communicator, as quotedDemyurg , is a complex technical device, you can not prove the opposite even in court
2: in my previous post quote from ZOPP, what exactly is not clear from it?
detection of a significant shortage of goods
that's exactly what happened to you, and you have every right to terminate the contract of sale by presenting a repair receipt to the store and writing a statement refusing repair

PS: I work just in the field of sales of honeycombs. phones and similar devices, according to this, in article 18 of the ZOPP I get my way freely, more than once responded to buyers for such outpourings

Post has been editedpl_Melkor - 28.05.08, 12:56



Rep: (1004)
situation.
Recently, I took my PDA from the SC. I had a mechanical failure - sync / usb connector. I was done pretty quickly. (day 4).
In front of me was a girl / woman / yes it doesn’t matter, however. "Overheard" the conversation.
Her device did not turn on. They did not want to take it from her, referring to the fact that if we take him for testing, and he and we do not turn on later, then you can say that we broke it / broke it.

In general, I heard the conversation "edge of the ear" and not at first.
But the point is - SC should takeunplugged machine on the diagnosis?
Despite the fact that the female administrator immediately advised her to contact another SC.



Rep: (588)
koordinator @ 24.6.09, 15:26*
But the point is - should the SC take an unplugged machine for diagnostics?

The actions of SC receivers are not legitimate, they should have taken anyway (provided, of course, that they are engaged in repairing these devices.)
Refusal due to "if we take it for testing, and he and we will not turn on, then you can then say that we broke it / broke it." it is generally absurd, because upon delivery to the repair, the client must issue a receipt of receipt, in which the malfunction stated by the client is written (i.e. the client cannot already refuse his words).
If the SC had authorization for servicing the devices of this manufacturer, then the client had to contact the support, because this is a very serious violation of the rules of warranty and post-warranty service.



Rep: (10)
Please help as soon as possible in solving the problem. Do they have the right in the store (in this case, a Laptop) to refuse me in exchange or in return of the communicator purchased less than 2 weeks ago? I quote that they said to me there: "The exchange is denied, because the device is fully operational"



Rep: (588)
AndreySvist,
No, they do not have. Show them ZOZPP with the latest changes, you can return the goods for two weeks simply because you wanted to do it (and it doesn’t matter whether it is broken or not). If it doesn’t work, go to consumer protection , and in the store immediately write a statement addressed to the director (with a photocopy of the check and a detailed description of the actions of the staff).
If something is not clear, write, I will explain. : girl_curtsey:



Rep: (10)
MissAlenka, thank you for responding to my request. ZoZPP - law on consumer protection? It turns out you need to buy this book and come to the store with it. If they refuse, then first what to do, contact OZPP or the director of the company? And if one more question does not make it difficult, how to write a statement and what to do with a photocopy of the check (to keep it in the statement)?



Rep: (588)
AndreySvist @ 4.7.09, 23:19*
ZoZPP - the law on consumer protection? It turns out you need to buy this book and come to the store with it.

A link to the text can be viewed in the header.

AndreySvist @ 4.7.09, 23:19*
What to do first, contact OZPP or the director of the company?

First, call the director, if he refuses, write an application in 2 copies.
The director of such a shop
his name
Your name
Your address
your phone number
Passport details (also yours)

statement.

I ask you to return the money / exchange (depending on what you want) for such and such a communicator, a model of such and such, a serial number of such and such, a purchased such and such number (check attached, just attach it to the application).
Your signature
number

Ask them to accept one copy of the statement and hand it over to the director, let them sign the other one that the application is accepted for consideration and a signature decrypting the receiver (it remains with you).
Further in OZPP, there I think you will understand without problems.

ps although the store will allow up to such a stage-the courts, few people love.



Rep: (1703)
I can not praise the service company, which is located in Moscow and maintains Sony computers. Eliminate problems informally and fairly friendly. They fully support the law on consumer protection: if your computer weighs more than 5 kg, they send a qualified courier who takes it and then brings it back. The company is called "Cerso". By the way, they serve not only Sony. Located on Khoroshevskomu highway.



Rep: (1)
In connection with the desire to reflash the PDA and the fear of killing it, I have the following question.
Everywhere they write about the need to provide a correctly filled warranty card, including the indication of the correct date of sale of the device.
I have a guarantee on my hands, which contains all the necessary stamps, but the date of sale is not worth it.
So, the question is: if I write the number there myself, say today's (although the device was purchased 4 months, or even 6 back), would I have any problems with the warranty? That is, can they see when the phone was purchased, say, by its IMEI (or another thread number)?


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