We know how it works.
Hello. This article was written by the noxxx user , and posted at his request - send him all the pluses, minuses and questions.
This is my first article for Habr, so I wrote as I could. The purpose of the article is to show others how a wonderful network of ION treats customers and administer left-handedness.
It happened to my wife and me to buy her a mobile phone instead of an old, battered and morally obsolete Samsung. The choice fell on the Nokia N79. Looking for the right color and what would be cheaper. Found in a single store - ION in Auchan, not far from the Krasnoselskaya metro station.
By a strange coincidence, under the white color we needed was listed as silver, which in the city was a dime a dozen and which my wife didn’t like at all. Therefore, the choice fell on the Nokia N78, which was almost a complete copy of the N79, but was in black and looked good. After some deliberation and “touch-ups” of the phone, we decided that we were taking it.
A couple of days later, the wife began to complain that the keyboard did not work as it should, that the buttons sometimes did not work and sometimes they did not work. I said that this is most likely out of habit and that everything will settle down. My wife honestly tried to get used to the new phone, and in the meantime the phone was gradually peeling paint off the phone’s joystick, the phone was shabby, obsolete, and the service life was ...
')
After 3 months and 2 days (August 18), the backlight of the 4 button on the phone began to flicker. It will light up, then go out, then it will flash. Here the suspicions began that from the very beginning everything was not all right. Googling, I came across similar messages on the network, based on which I concluded that this is a massive problem, which means of a production nature. And this means that under the law "On Protection of Consumer Rights" (hereinafter OZPP), I have the right to demand repair or replacement of the phone, or return the money for it. We chose the latter.
Because in the past I already dealt with returns / exchanges of electronics, I immediately wrote a claim in which I described everything in detail, and we went to ION ...
In the store, we were met by smiling sellers, to whom we said that we had a refund, here's a complaint, here is an acceptance certificate for quality control, here's a phone with all the packages, related accessories and everything. Needless to say that the smile from the faces of the sellers immediately disappeared. Immediately they said that this is a technically complex device, and that there will be no exchange, only repairs. I said it was wrong and insisted on it. They began to call the customer service department, where they were told something and they brought us a company claim form in which they offered to state our requirements. I refused to fill it for the reason that I had already printed a claim on the form almost 100% coinciding with their form. They again called the customer service department, they were allowed to accept the claim in our form. Try to guess what the sellers did when I asked them to paint on my copy of the claim? Right. Started calling customer service, where they were allowed to do it. The seller also did not forget to inform me that this phone is a smartphone, which means it is more a PC than a phone, and the PC is on the list of technically complex goods of inadequate quality that cannot be exchanged or returned. I said that it’s enough to talk nonsense, and that this is a telephone, and that it is indicated in the sales receipt that this is a telephone. He, of course, said that it was nonsense, but it was not for him to decide, so I didn’t bicker anymore, but offered to take the phone for a quality check, which the seller has the right to hold under the law OZPP. The seller raised his eyebrows in surprise and said that (I quote) “Nokia service centers do not perform quality checks. We can take your phone from you, but if they find a factory fault in it, then it will simply be repaired. ” Needless to say, I refused such a “quality check” and we went home with the promise that we would get an answer to our claim very, very soon.
On August 24, we received a letter in paper mail, in which ION asked to provide the phone for quality control in full package and packaging (ha ha, minus the smiling seller). Immediately wrote the answer that I want examination in my presence and in the evening of the same day we took him to the store. Again, under the painting all handed. In the letter I specifically asked to notify me about the forthcoming examination no later than a day before it began by phone, since I knew that I would receive a written notice after the date of the examination.
I waited 3 days, but on August 27 I could not stand it and called myself. The kind girl started telling me the story that Nokia does not have service centers that conduct quality checks in the presence of a buyer, and that there is one non-Nokia, but this is done on a paid basis, and that if I have a desire, then of course they can organize it. He cited the Law OZPP, which states that the seller is obliged to conduct a quality check, and the buyer has the right to attend to it. He called back in a couple of hours, the young man already said that the quality check will be conducted on September 2 at the Excimer Agency LLC. Googling by the name of the office brought, besides the Agency site, to another forum (I honestly don’t remember which one), where it was discussed in conjunction with ION. Then I realized what the quality control will be and in whose favor it will be, but still we decided to go there.
We arrived at the appointed time, at the appointed place. Both had to take time off from work. They came earlier, so office workers asked to "wait for the ION representatives." We waited, no representatives. The office worker did not know who the customer was or what the subject of the quality check was. The first time I heard about it from us. I called in ION, talked with someone, agreed. They told her how it is. She led us to the office of the "General Director Bakharev NG". Around were books on valuable coins, the assessment of some ancient and, apparently, very valuable and serious pieces, etc. attributes of the pawnshop. The “expert” began to look at the phone through a magnifying glass, asking us again everything that the girl asked. Not finding any “traces of falls”, I began to get one after the other from the portfolio of the Sony CyberShot soapbox cameras of different models, very fashionable and, probably, very expensive. And they also had an electron microscope (2 pieces) through which the girl subsequently, under the strict guidance of an “expert”, conducted an inspection of the telephone and the long-suffering joystick with peeling paint. For some reason it seemed to me that this girl was some kind of relative of this “expert”.
Of course, as we expected, the joystick appeared to be chipped. Chips occurred due to mechanical damage (strange, because there are no signs of falling). To all our attempts to sensitize the girl, she replied that “Samsung has been with her for 2 years now and nothing has happened to the joystick, and you have 3 months and the paint is peeled off? No, you dropped it on the joystick. ”Anyone who knows how the joystick is located in the N78 will surely agree that it is impossible to break a piece of paint from this joystick without damaging the phone case. We have the same body virgin clean. There is a shallow scratch on top of the earring, but where is the top and where is the chip on the joystick. In general, the mood dropped, and we went home to expect results that the “expert” refused to give us, because "The customer is ION".
September 3, the results of ION nebylo. On September 4, in the afternoon, I was told by telephone the following: the examination confirmed that the claimed deficiency was a production one and did not arise through my fault. However, since on the phone "... there are defects that have arisen as a result of careless handling and violations of the rules of operation", General Director of Excimer Agency LLC, expert N.G. Baharev concluded that "the buyer has lost the right to replace the telephone, as well as to return the money paid for the device." I was shocked. "Yes, your factory defect, but since you (OMG !!! 11) used the phone, you cannot return it, you can only repair it, ”although I have both rights to choose from according to the Law of OZPP. According to what law? They don’t care that there is a Civil Code and Article 503, and it contains clause 5, according to which the seller does not have the right to withhold the amount by which the value of the goods has decreased due to full or partial use of the goods, when the customer paid back the amount paid for the goods trade dress or similar circumstances. They do not care that the duties of an expert in the case of checking the quality of the goods are limited to determining the cause of the defect, and not by deciding what the buyer is entitled to, and what is not. This is only the court can decide.
I received a copy of the “expert” report through ION’s courier service on October 2. Up to this point, ION representative Elena Tetherkina talked to me and even hid from me for a couple of days, exposing her deputy Anastasia to the blows of my perseverance, moving from the “meeting” home due to illness, and from illness to family circumstances. Once the copy “did not reach” by mail, once it was “lost” in the inter-store network of ION, once it “went to the wrong Auchan”. But in the end I got this copy. I tried to reach the General Director of ION Bachurin, but without success, because It is impossible to break through the impenetrable reception of this Lord. Elena Tetherkina, in plain language, said that if we are not satisfied with their decision, we can go to court. She started telling me about the Symbian operating system, apparently hoping to rank the phone on a PC, but after receiving information from me that my work is directly related to IT, she also sent me to court.
Having discussed this topic on the website of the Society for the Protection of Consumer Rights ” www.ozpp.ru , after consulting with an acquaintance lawyer and having received advice to go to court and file a complaint against an expert with a higher authority, they decided to start to go to court. And there and before the complaint to the expert close. Made a claim, sent it by mail. Pre-trial preparation of the case will take place on November 19th. About how everything moves, I will report further.
Many will say why it is needed - time, nerves, etc. Yes, it would be easier to repair the phone and use it further. It would be even easier to throw this one out and buy another one and forget about the ion. But we decided that if some right is guaranteed by the Law, then we simply must use it. We would even agree to the world with ION, would refuse the penalty for 1% of the phone cost for each day of delay (from August 29) and moral damage, which we also stated in the lawsuit, if only ION realized that wrong and agreed to return. Maybe someone, looking at us, will do the same, and gradually we will come to a trading system with a higher culture. Maybe the ion itself will treat the customers not as cattle, but as people? Law and order will prevail.
Good luck to all.
This is my first article for Habr, so I wrote as I could. The purpose of the article is to show others how a wonderful network of ION treats customers and administer left-handedness.
Preamble.
It happened to my wife and me to buy her a mobile phone instead of an old, battered and morally obsolete Samsung. The choice fell on the Nokia N79. Looking for the right color and what would be cheaper. Found in a single store - ION in Auchan, not far from the Krasnoselskaya metro station.
By a strange coincidence, under the white color we needed was listed as silver, which in the city was a dime a dozen and which my wife didn’t like at all. Therefore, the choice fell on the Nokia N78, which was almost a complete copy of the N79, but was in black and looked good. After some deliberation and “touch-ups” of the phone, we decided that we were taking it.
A couple of days later, the wife began to complain that the keyboard did not work as it should, that the buttons sometimes did not work and sometimes they did not work. I said that this is most likely out of habit and that everything will settle down. My wife honestly tried to get used to the new phone, and in the meantime the phone was gradually peeling paint off the phone’s joystick, the phone was shabby, obsolete, and the service life was ...
')
Act 1. Failure.
After 3 months and 2 days (August 18), the backlight of the 4 button on the phone began to flicker. It will light up, then go out, then it will flash. Here the suspicions began that from the very beginning everything was not all right. Googling, I came across similar messages on the network, based on which I concluded that this is a massive problem, which means of a production nature. And this means that under the law "On Protection of Consumer Rights" (hereinafter OZPP), I have the right to demand repair or replacement of the phone, or return the money for it. We chose the latter.
Because in the past I already dealt with returns / exchanges of electronics, I immediately wrote a claim in which I described everything in detail, and we went to ION ...
Act 2. ION.
In the store, we were met by smiling sellers, to whom we said that we had a refund, here's a complaint, here is an acceptance certificate for quality control, here's a phone with all the packages, related accessories and everything. Needless to say that the smile from the faces of the sellers immediately disappeared. Immediately they said that this is a technically complex device, and that there will be no exchange, only repairs. I said it was wrong and insisted on it. They began to call the customer service department, where they were told something and they brought us a company claim form in which they offered to state our requirements. I refused to fill it for the reason that I had already printed a claim on the form almost 100% coinciding with their form. They again called the customer service department, they were allowed to accept the claim in our form. Try to guess what the sellers did when I asked them to paint on my copy of the claim? Right. Started calling customer service, where they were allowed to do it. The seller also did not forget to inform me that this phone is a smartphone, which means it is more a PC than a phone, and the PC is on the list of technically complex goods of inadequate quality that cannot be exchanged or returned. I said that it’s enough to talk nonsense, and that this is a telephone, and that it is indicated in the sales receipt that this is a telephone. He, of course, said that it was nonsense, but it was not for him to decide, so I didn’t bicker anymore, but offered to take the phone for a quality check, which the seller has the right to hold under the law OZPP. The seller raised his eyebrows in surprise and said that (I quote) “Nokia service centers do not perform quality checks. We can take your phone from you, but if they find a factory fault in it, then it will simply be repaired. ” Needless to say, I refused such a “quality check” and we went home with the promise that we would get an answer to our claim very, very soon.
Act 3. Correspondence.
On August 24, we received a letter in paper mail, in which ION asked to provide the phone for quality control in full package and packaging (ha ha, minus the smiling seller). Immediately wrote the answer that I want examination in my presence and in the evening of the same day we took him to the store. Again, under the painting all handed. In the letter I specifically asked to notify me about the forthcoming examination no later than a day before it began by phone, since I knew that I would receive a written notice after the date of the examination.
I waited 3 days, but on August 27 I could not stand it and called myself. The kind girl started telling me the story that Nokia does not have service centers that conduct quality checks in the presence of a buyer, and that there is one non-Nokia, but this is done on a paid basis, and that if I have a desire, then of course they can organize it. He cited the Law OZPP, which states that the seller is obliged to conduct a quality check, and the buyer has the right to attend to it. He called back in a couple of hours, the young man already said that the quality check will be conducted on September 2 at the Excimer Agency LLC. Googling by the name of the office brought, besides the Agency site, to another forum (I honestly don’t remember which one), where it was discussed in conjunction with ION. Then I realized what the quality control will be and in whose favor it will be, but still we decided to go there.
Act 4. "Lombard"
We arrived at the appointed time, at the appointed place. Both had to take time off from work. They came earlier, so office workers asked to "wait for the ION representatives." We waited, no representatives. The office worker did not know who the customer was or what the subject of the quality check was. The first time I heard about it from us. I called in ION, talked with someone, agreed. They told her how it is. She led us to the office of the "General Director Bakharev NG". Around were books on valuable coins, the assessment of some ancient and, apparently, very valuable and serious pieces, etc. attributes of the pawnshop. The “expert” began to look at the phone through a magnifying glass, asking us again everything that the girl asked. Not finding any “traces of falls”, I began to get one after the other from the portfolio of the Sony CyberShot soapbox cameras of different models, very fashionable and, probably, very expensive. And they also had an electron microscope (2 pieces) through which the girl subsequently, under the strict guidance of an “expert”, conducted an inspection of the telephone and the long-suffering joystick with peeling paint. For some reason it seemed to me that this girl was some kind of relative of this “expert”.
Of course, as we expected, the joystick appeared to be chipped. Chips occurred due to mechanical damage (strange, because there are no signs of falling). To all our attempts to sensitize the girl, she replied that “Samsung has been with her for 2 years now and nothing has happened to the joystick, and you have 3 months and the paint is peeled off? No, you dropped it on the joystick. ”Anyone who knows how the joystick is located in the N78 will surely agree that it is impossible to break a piece of paint from this joystick without damaging the phone case. We have the same body virgin clean. There is a shallow scratch on top of the earring, but where is the top and where is the chip on the joystick. In general, the mood dropped, and we went home to expect results that the “expert” refused to give us, because "The customer is ION".
Act 5. Nervous has begun.
September 3, the results of ION nebylo. On September 4, in the afternoon, I was told by telephone the following: the examination confirmed that the claimed deficiency was a production one and did not arise through my fault. However, since on the phone "... there are defects that have arisen as a result of careless handling and violations of the rules of operation", General Director of Excimer Agency LLC, expert N.G. Baharev concluded that "the buyer has lost the right to replace the telephone, as well as to return the money paid for the device." I was shocked. "Yes, your factory defect, but since you (OMG !!! 11) used the phone, you cannot return it, you can only repair it, ”although I have both rights to choose from according to the Law of OZPP. According to what law? They don’t care that there is a Civil Code and Article 503, and it contains clause 5, according to which the seller does not have the right to withhold the amount by which the value of the goods has decreased due to full or partial use of the goods, when the customer paid back the amount paid for the goods trade dress or similar circumstances. They do not care that the duties of an expert in the case of checking the quality of the goods are limited to determining the cause of the defect, and not by deciding what the buyer is entitled to, and what is not. This is only the court can decide.
Intermission.
I received a copy of the “expert” report through ION’s courier service on October 2. Up to this point, ION representative Elena Tetherkina talked to me and even hid from me for a couple of days, exposing her deputy Anastasia to the blows of my perseverance, moving from the “meeting” home due to illness, and from illness to family circumstances. Once the copy “did not reach” by mail, once it was “lost” in the inter-store network of ION, once it “went to the wrong Auchan”. But in the end I got this copy. I tried to reach the General Director of ION Bachurin, but without success, because It is impossible to break through the impenetrable reception of this Lord. Elena Tetherkina, in plain language, said that if we are not satisfied with their decision, we can go to court. She started telling me about the Symbian operating system, apparently hoping to rank the phone on a PC, but after receiving information from me that my work is directly related to IT, she also sent me to court.
Having discussed this topic on the website of the Society for the Protection of Consumer Rights ” www.ozpp.ru , after consulting with an acquaintance lawyer and having received advice to go to court and file a complaint against an expert with a higher authority, they decided to start to go to court. And there and before the complaint to the expert close. Made a claim, sent it by mail. Pre-trial preparation of the case will take place on November 19th. About how everything moves, I will report further.
Buffet.
Many will say why it is needed - time, nerves, etc. Yes, it would be easier to repair the phone and use it further. It would be even easier to throw this one out and buy another one and forget about the ion. But we decided that if some right is guaranteed by the Law, then we simply must use it. We would even agree to the world with ION, would refuse the penalty for 1% of the phone cost for each day of delay (from August 29) and moral damage, which we also stated in the lawsuit, if only ION realized that wrong and agreed to return. Maybe someone, looking at us, will do the same, and gradually we will come to a trading system with a higher culture. Maybe the ion itself will treat the customers not as cattle, but as people? Law and order will prevail.
Good luck to all.
Source: https://habr.com/ru/post/74564/
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