We discuss issues relating to constructive communication with the sellers of equipment, warranty, service, etc.
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
- All communication is only in writing with a clear explanation of your stated requirements: repair, exchange of goods, refund. At the same time, вЂњexchange of goodsвЂќ is not вЂњexchange of it for money,вЂќ as they often try to convince the вЂњConnectedвЂќ 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.
- 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.
- 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.
- 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)
- 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.
- 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.
- 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
- 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 sellerвЂ™s consent with the presence of a deficiency with the goods.
- 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 sellerвЂ™s possible claim that the goods were repaired on time, but you just didnвЂ™t apply for it from the repair. And then, after the sellerвЂ™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 (вЂњI am trembling, or I have the rightвЂќ) 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, вЂњhonestlyвЂќ 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.
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 dС–y, with viivlennС– nedolС–kС–v goods, pС–d hour guarantС–ynogo termС–nu.
Versions on Ukraine Movies
1. A letter zvertaС”mos to the store with us vinuyu usunuti nedolС–ki (abo i vshyuyu vimo zhС–dno sStatue 8 Chastinoy 1
) in term we meanArticle 8 Part 9
LU "About the owner of rights of rights" (14 calendar days, de hour for delivery, wihdС– - do not vrahovuyutsya). In the application: brand / model / col_r / modif_katsС–yu product, yaku nedolС–k buv viyavleniya, and also a set of goods, in the yakС–y buv transfers the goods to the hands of the representatives (gokhol, zakhistnГ© 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 9
Memory "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 С”).
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 3
Memory "About zahist rights vospogivachС–v". VidovС–d on zvernennya you blame nadati u termС–n, uznacheny uStatti 20
Law of Ukraine "About the beasts of horny" (up to 30 calendar days).
Posilannya on the Law of Ukraine Victorians at the Institute: 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)
// coming soon //
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 ...