Euroset does not return money for defective phone. Series 2nd and final in which the law triumphs over evil
In my recent post I talked about the incident with the company Euroset.
Summary of the first series:
In the same series, my hero (I mean) seeks the help of a lawyer, after which the epic finale unfolds before the audience and a little advice is given.
Hike to a lawyer (a very familiar and very beautiful girl named Marina) led to the writing of another complaint. In it, unlike the first one, all my requirements for the store were given with detailed references to the legislation substantiating them.
')
This claim was given to the seller in another outlet of Euroset. In this case, no one argued, did not swear, and in general, all behaved decently (even me).
On the second day after filing a claim, I was called back by an employee of the customer service department, apologized for such a long resolution of the issue and said that I could take the money for the phone at any time convenient for me. True, he made a reservation that they can only pay a penalty for exceeding the repayment period by a court decision. Well, yes, and that was enough for me.
In the store, I once again clarified whether I want to return the money or change the phone, after which they issued from the cashier the amount indicated in the check.
Well, I want to express my gratitude to Khabrasoobshchestvo for the help and support provided to me (read the comments of the previous part ) and in gratitude I spread the texts of both claims. The first of them was written immediately, as I was refused a refund and on great emotions, and the second - with the help of a lawyer. I think someone can help solve the issue faster than it came out for me.
Claim # 1 (emotional)
==============================
% date%
% Euroset_address%
Executive Director
% director_name%
Claim
I % username% in accordance with the terms of the guarantee passed the faulty NOKIA 2630 phone for examination in the Euronet No. ## of such and such a number. In accordance with clause 3.2.1 of the Euroset certificate, if there are defects, the buyer is entitled to a refund. At the conclusion of the service center, a factory defect was installed and the apparatus was repaired.
% date% when contacting the senior seller of the outlet # ##% seller_name% with a request to make a refund in accordance with clause 3.2.1 of the guarantee certificate I was denied a refund due to non-agreement of the higher authorities (at the time of the refund).
Please return the money for the phone. In case of refusal in accordance with clause 9.2 of the guarantee agreement, I will be forced to go to court.
% date%
% username%
% autograph%
==============================
Agree, it does not look very.
But the option that was compiled by lawyer Marina.
Claim # 2 (legal)
==============================
In Euroset Mos1 LLC
% Euroset_address%
% Username%
% user_address%
% user_e-mail%
% user_tel%
Claim
04/09/2009 Euroset LLC sold me a Nokia 2630 mobile phone, IMEI ########### , Ser. No. ######### (hereinafter referred to as the Telephone) at the cash voucher dated April 9 , 2009
After the purchase, I tried to use the Phone in accordance with its functional purpose and found that there is a defect in the speaker of the Phone, resulting in a low volume of the caller’s voice during a call and that the Phone is beating with current and causing discomfort in the ear when talking.
04/18/2009, guided by Part 1 of Article 18 of the Law of the Russian Federation of 07.02.1992, No. 2300-1 “On Protection of Consumer Rights” (hereinafter - the Law), I turned to the outlet of Euroset Mos1 LLC with a statement about refusal to execute the contract of sale and demanding the return of the amount paid for the phone. The seller stated that the phone must first be sent for a 20-day examination. In confirmation of the acceptance of the defective Phone by me and sending it for examination, I was issued a receipt No. ########## , in paragraph 6 of which it is stated that "This document certifies the acceptance of the product for examination". Those. I have stated and confirmed the relevant document only the requirement for an examination. Euroset Mos1 LLC did not agree with me on the subsequent repair of the telephone.
05/10/2009, I was presented with the Act of Completed Work No. ####### (hereinafter referred to as the Act), which contained information about the defect found as a result of the examination. In addition, the Act stated that a repair was made in respect of the Phone, despite the lack of coordination with me of the repair of the Phone.
I have repeatedly stated the requirement to terminate the contract and return the amount paid for the phone. The seller refused to meet these requirements.
In accordance with Part 1 of Article 18 of the Law, when deficiencies are found in a product, the consumer has the right to choose: to require replacement of a product of the same brand (of the same model and (or) article); request a replacement for the same product of another brand (model, article) with a corresponding recalculation of the purchase price; demand a proportionate reduction in the purchase price; to demand immediate gratuitous elimination of defects in the goods or reimbursement of expenses for their correction by a consumer or a third party; refuse to perform the contract of sale and demand the return of the amount paid for the goods. The right to choose one of the actions listed in Part 1 of Article 18 of the Law belongs to the consumer. Thus, Euroset Mos1 LLC, having performed the repair of the Phone without agreeing with me and refusing to satisfy my claim, violated my legal right to choose the appropriate action from the list of Part 1 of Article 18 of the Law.
Based on Articles 13, 18, 22, 23 of the Act, for the third time I notify you about the refusal of the concluded contract for the sale of the Phone and ask for it voluntarily:
I bring to your attention that if the Claim is not satisfied within 5 days from the date it was sent, I will be forced to apply to the judicial authorities and the Federal Service for Supervision of Consumer Rights Protection and Human Welfare for the protection of my violated rights
Application:
Copy of receipt ######## of 04/18/2009 - 1 sheet
Copy of the Act of Completed Work No. ######### of 04/28/2009 - 1 sheet
May 29, 2009 % username%
==============================
The story ends here. I hope my experience will help you avoid mistakes and waste of time.
Summary of the first series:
- bought a phone
- discovered marriage
- passed for examination
- received a refusal to return the money because of the repair of the phone.
In the same series, my hero (I mean) seeks the help of a lawyer, after which the epic finale unfolds before the audience and a little advice is given.
Hike to a lawyer (a very familiar and very beautiful girl named Marina) led to the writing of another complaint. In it, unlike the first one, all my requirements for the store were given with detailed references to the legislation substantiating them.
')
This claim was given to the seller in another outlet of Euroset. In this case, no one argued, did not swear, and in general, all behaved decently (even me).
On the second day after filing a claim, I was called back by an employee of the customer service department, apologized for such a long resolution of the issue and said that I could take the money for the phone at any time convenient for me. True, he made a reservation that they can only pay a penalty for exceeding the repayment period by a court decision. Well, yes, and that was enough for me.
In the store, I once again clarified whether I want to return the money or change the phone, after which they issued from the cashier the amount indicated in the check.
Well, I want to express my gratitude to Khabrasoobshchestvo for the help and support provided to me (read the comments of the previous part ) and in gratitude I spread the texts of both claims. The first of them was written immediately, as I was refused a refund and on great emotions, and the second - with the help of a lawyer. I think someone can help solve the issue faster than it came out for me.
Claim # 1 (emotional)
==============================
% date%
% Euroset_address%
Executive Director
% director_name%
Claim
I % username% in accordance with the terms of the guarantee passed the faulty NOKIA 2630 phone for examination in the Euronet No. ## of such and such a number. In accordance with clause 3.2.1 of the Euroset certificate, if there are defects, the buyer is entitled to a refund. At the conclusion of the service center, a factory defect was installed and the apparatus was repaired.
% date% when contacting the senior seller of the outlet # ##% seller_name% with a request to make a refund in accordance with clause 3.2.1 of the guarantee certificate I was denied a refund due to non-agreement of the higher authorities (at the time of the refund).
Please return the money for the phone. In case of refusal in accordance with clause 9.2 of the guarantee agreement, I will be forced to go to court.
% date%
% username%
% autograph%
==============================
Agree, it does not look very.
But the option that was compiled by lawyer Marina.
Claim # 2 (legal)
==============================
In Euroset Mos1 LLC
% Euroset_address%
% Username%
% user_address%
% user_e-mail%
% user_tel%
Claim
04/09/2009 Euroset LLC sold me a Nokia 2630 mobile phone, IMEI ########### , Ser. No. ######### (hereinafter referred to as the Telephone) at the cash voucher dated April 9 , 2009
After the purchase, I tried to use the Phone in accordance with its functional purpose and found that there is a defect in the speaker of the Phone, resulting in a low volume of the caller’s voice during a call and that the Phone is beating with current and causing discomfort in the ear when talking.
04/18/2009, guided by Part 1 of Article 18 of the Law of the Russian Federation of 07.02.1992, No. 2300-1 “On Protection of Consumer Rights” (hereinafter - the Law), I turned to the outlet of Euroset Mos1 LLC with a statement about refusal to execute the contract of sale and demanding the return of the amount paid for the phone. The seller stated that the phone must first be sent for a 20-day examination. In confirmation of the acceptance of the defective Phone by me and sending it for examination, I was issued a receipt No. ########## , in paragraph 6 of which it is stated that "This document certifies the acceptance of the product for examination". Those. I have stated and confirmed the relevant document only the requirement for an examination. Euroset Mos1 LLC did not agree with me on the subsequent repair of the telephone.
05/10/2009, I was presented with the Act of Completed Work No. ####### (hereinafter referred to as the Act), which contained information about the defect found as a result of the examination. In addition, the Act stated that a repair was made in respect of the Phone, despite the lack of coordination with me of the repair of the Phone.
I have repeatedly stated the requirement to terminate the contract and return the amount paid for the phone. The seller refused to meet these requirements.
In accordance with Part 1 of Article 18 of the Law, when deficiencies are found in a product, the consumer has the right to choose: to require replacement of a product of the same brand (of the same model and (or) article); request a replacement for the same product of another brand (model, article) with a corresponding recalculation of the purchase price; demand a proportionate reduction in the purchase price; to demand immediate gratuitous elimination of defects in the goods or reimbursement of expenses for their correction by a consumer or a third party; refuse to perform the contract of sale and demand the return of the amount paid for the goods. The right to choose one of the actions listed in Part 1 of Article 18 of the Law belongs to the consumer. Thus, Euroset Mos1 LLC, having performed the repair of the Phone without agreeing with me and refusing to satisfy my claim, violated my legal right to choose the appropriate action from the list of Part 1 of Article 18 of the Law.
Based on Articles 13, 18, 22, 23 of the Act, for the third time I notify you about the refusal of the concluded contract for the sale of the Phone and ask for it voluntarily:
- return me the amount paid for the phone;
- to pay a penalty (fine) for violation of the period established for satisfaction of the consumer's requirement to return the amount of money paid for the goods.
I bring to your attention that if the Claim is not satisfied within 5 days from the date it was sent, I will be forced to apply to the judicial authorities and the Federal Service for Supervision of Consumer Rights Protection and Human Welfare for the protection of my violated rights
Application:
Copy of receipt ######## of 04/18/2009 - 1 sheet
Copy of the Act of Completed Work No. ######### of 04/28/2009 - 1 sheet
May 29, 2009 % username%
==============================
The story ends here. I hope my experience will help you avoid mistakes and waste of time.
Source: https://habr.com/ru/post/61242/
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