How not to be deceived by evil Buratin

How many times have they told the world

That flattery is vile, harmful; but everything is not in store,

And in the heart a flatterer will always find a corner.

"The Crow and the Fox" (1807) I. A. Krylov

1807, think about it! 1807, 200 years ago!

Small instructions on the material relationship.

For all offended by opsozami, banks, service centers and other evil Pinocchio.

To avoid trouble (preventive measures)

1. What is not on paper - that is not in nature. This is how legal entities work, and if you want your wishes to be fulfilled, and you get what you want, there is one and only one way - paper, and this is the only way. No assurances of experts, commentators, cashiers, installers, call-centers are not real. What is indicated on the paper, and then you can request. All contracts only in two copies with signatures of both parties on each. Even ideally, it is necessary that on each contract there is at least a couple of lines written by hand by each side, in a controversial case it will greatly help in the examination of the authenticity of the signature.



2. Correctly read. We develop the habit of reading any documents in order of increasing the size. It works very well. Find the smallest font, read it, then larger, and only after reading all the footnotes, asterisks, reverse sides of documents and inside sides of envelopes (yes, even on the inside of the envelope happens) read the main text. The impression about the company develops immediately.

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3. Refuse the help of any consultants! The contract is read by you and only you, no prompts, no explanations from the employees should be. As soon as a question arises, the firm will interpret everything in its direction. Assistants only knock you out and make it difficult to figure out all the nuances.



4. We sign only by reading the document twice. Yes, yes, this is a long time, people who stand in a queue, cashiers, in issuing shops, people will be hateful because you read all the conditions of the guarantee twice. This is your money - this is their job, if you do not want to respect your rights and fight for them, then just contact me at habraposhta, I will give you an account, you will transfer the money you do not need. What you do not want to send? Then think before you give them, the signature without reading is even worse than simply giving the available money.



5. We read the laws. At a minimum, the Consumer Protection Act (ZOZPP), the Rules for the sale of certain types of goods and the Constitution. Another good idea to read the Civil Code (GC). Links do not put who should find himself.



Summary:

A consultant, cashier, teller, operator is meat that brings in goods and writes a check (forgive me, these respected people, endless nerves and hellish work). Any advertising booklets are nonsense, we read only the full terms of promotions, tariffs and other items. The concept of faith does not exist, which is not fixed on paper is not.

If you are offended (reactive measures)

0. NEW Law above the contract. If the contract specifies conditions that are contrary to the law, such conditions are void. The treaty itself continues to be valid, with the exception of specific clauses that contradict the law.



1. Reread all contracts, carefully re-read. Also find articles in the Civil Code in your subject area, look for other federal laws regarding the topic of your contract. We study them carefully and only then begin to demand something.



2. You are calm. Absolute. Unshakable. Equal voice, straight posture, even if you are already a bum (for example, housing is selected, evicted).



3. You are extremely polite and careful. It simply destroys the person who is trying to pressure you.



4. You demand that, and only that which is formally owed to you. None: "And the girl told me ..." This simply does not exist. The contract number of such and such, from such a number under the signatures of such and such clause number 5.2.3.4 reads: “The contractor undertakes ....” Only in this way and no more.



5. References to the laws, with the numbers of articles and clauses. When you demand fulfillment of obligations, mentioning the source of these obligations greatly helps.



6. Only written communication. The consultant is not guilty, do not run into him, he still will not do anything. Your active actions are registered letters with a return receipt addressed to the director or individual entrepreneur, of which the car is currently and a small cart. You can also give the secretary, for example, an application addressed to the director, but in this case, be sure to request a copy, and take one away, asking the secretary for a signature, date, and "Accepted for review." UPD Still have to put a seal on a copy. Otherwise, it will be much more difficult to prove that it was precisely the organization that took the claim.



7. The source of the law is the law. You refer in the requirements not to the articles, nor to this nor to others, but to the letter of the law. What is stated here is indicated intentionally without reference to documents, for you must read the laws governing your relationship yourself.



8. Order of communication. First, verbally in the store, often the problem is solved quickly and simply, if you show knowledge of the law and its rights. Then a written correspondence with the store, if it did not help, then you can contact RosPotrebNadzor or the procurator and only then go to court. Having a written pre-trial correspondence will greatly help in court. In practice, I personally never went to write a complaint, although there are friends who had to sue.



9. I do not know anything, I do not return anything, I do not sign any documents. If the store or bank doesn’t want to do anything at all, then you need to record your date of appeal, for that two witnesses are enough. Otherwise, the date of the appeal will be the date you send the letter with the claim. If you, for example, have the last day of warranty, it is better to write a letter right away, otherwise they will get bored in the store and then it will be difficult to prove that the breakdown occurred during the warranty period.

Several small hints

1. The warranty is provided by the seller. No left service centers (SC). This is your hemorrhoids of your choice. The guarantee in the Russian Federation is provided by the seller. Broke down? Come to the store and say: "broke." You either immediately change the product, or immediately eliminate the deficiency, or return the money, or take it for examination, but at the same time immediately issue an analogue, for the entire repair period. Naturally, they will not want to do this, but they will have to force it. SC may be needed if the seller no longer exists, in other cases all responsibility is on the seller, and it is easier to press on him.



2. Thoroughly check the goods. Familiar yesterday bought a netbook. He came to the store, asked to get a netbook, at first did not want to, but he made. He took it on, demanded a word document (there is a demo office there, it’s necessary to check it), worked, reprinted, asked for music, listened to speakers, demanded to bring a chair to check whether it was really reading while sitting and whether the angle of the screen was sufficient. Checked the screen for broken pixels. You are required to provide complete information about the product, and you are entitled to demand it, you just have to be more insistent, but at the same time remain polite and unshakable. In Sunrise at the time viewing the monitor before the purchase was paid, but a bit of perseverance and it is free.



3. A compensated transaction occurs only on request. Of the Civil Code of the Russian Federation, Article 779. The contract of compensated provision of services. Clause 1: “According to the contract for the provision of paid services, the contractor undertakes to provide services on the instructions of the customer (to perform certain actions or carry out certain activities), and the customer undertakes to pay for these services.” While there is no written agreement indicating the price and your desire to pay for this service and your signature , there can be no payment, because it is not classified as a paid service. All the changing contracts of operators and other nonsense with add. The services are illegal baby talk.



4. Instructions in Russian should be. Sale of goods without instructions in Russian is illegal. If you do not like the product, then to return it, you can rest on the lack of instructions.



5. Storage Agreement. Any cell in the store, any luggage storage, if you are issued a number, or the key with the number is solely responsible for your belongings. Transfer number is interpreted as a contract of storage with the owner of the cell with all the consequences. Also, no one has the right to force you to enter into a storage contract, which means that no one can put things in a locker, nor can they let them in the store.



6. The store must, at your request, sell the goods at the price indicated on the price tag. No one cares that their price has changed in the database, or they have forgotten the price tags, or, on the contrary, have previously set them up. There is a price tag - must sell it at this price. This is called a public offer.

Some real stories that happened to me.

1. Batteries for the player. I bought in a large chain of stores 2 batteries. Check threw. The batteries broke on the second day. I found a point where such batteries exist in one copy, bought one more, went home, opened it, put the broken ones in there, came to the store with a deadpan look: “They don’t work” There is no manager, there is no replacement, and we don’t change the battery at all. My answers: if the seller is authorized to conclude a contract of sale, then terminate me with him too. If there is no replacement, return the money promptly. Loudly and loudly, blocking the work of the point, I read out the list of technically complex products that cannot be returned (refer to it in the rules for the sale of certain types of goods) and there are no batteries, therefore must return. At this simply complete freezing of the type will not return anything, go here. We take out the paper and begin to write a written claim, and as if with a wave of a magic wand a manager appears who is ready to give me back the money.



2. CD. I bought a licensed CD, and he, seeing just the installed daimon tools, swore and did not start. The store showed me that everything works on their computer. He got a laptop out of a backpack and demonstrated that it does not work. The seller indicated that I had daimon tulse. On the proposal to present me a document, which will indicate the incompatibility of the game and daimon tulza, the seller hesitated, but did not want to return. Here again, blocking the flow of customers helped, since hearing a conversation in which I clearly pointed out a violation of trade rules and a license agreement, people simply folded the discs and turned around.



3. MTS Beep. It has already been published and analyzed in detail by me here ( archive ).



4. I was evicted. I live alone in the city, there are no relatives for the next 1200 km. First, the hostess asked for an advance payment of 3 months. due to financial difficulties, and then decided to evict. In one day, right before the session, I became a bum. The locks were on my doors, the hostess had no keys. He pointed out sharply to her return of funds, to which she said that she would return only after the sale of the apartment. Well, when you return, then you will receive the keys. Do not lose heart and do not bend over. The contract specifies the obligation to notify 15 days of eviction. Call a friend with an agreement to spend the night, if he suddenly presses. A printer, double-sided tape, 1200 ads, a day of sticking, on the second day I already had a new apartment, a day of moving with the same friends and another month and a half the mistress did not receive the keys and I had no money. But I returned the money.



Fight for your rights, fight. Destroy the illegal attitude and the only way we will come to the rule of law.



And lastly: Seven times read - sign it once!



PS We send errors and inaccuracies to habraposhta, I will be grateful. For those wishing to contact, but unregistered in Habré, contact information is listed in the profile.



UPD: Added point 0 to reactive measures about the rule of law over the contract.



UPD2: Pro checks

Art. 18, p.5 ZoZPP:

The lack of consumer cash or sales receipt or other document certifying the fact and conditions of purchase of the goods, is not grounds for refusing to meet his requirements.

Article 16, Clause 1

The terms of the contract, which infringe the rights of the consumer in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of consumer protection, shall be deemed invalid.



UPD3: Printing In paragraph 6 of the reactive measures, the need to require a seal was added to prove that the claim was received by the organization. Thank you erfen



UPD4: Application of the above In the comments a lot is discussed the initial hostility of this topic. These measures are necessary only to prove your rightness if your rights are maliciously and intentionally violated. I urge you to have a kind and careful attitude towards sellers and other representatives of firms. There is nothing wrong with packing a bag in a bag, although you cannot demand it from you. If you really do not want to show the contents of the bag to the guard, you can call the police, but if there is a worn laptop that does not arouse suspicion, then why not open it. People work with you and you don’t have to forget about it.