The story of how I returned to the store a broken laptop
Having read interesting posts about the fact that practically anyone can teach computers and the Internet, I decided to please my parents in my old age by buying them a small netbook (there is an opportunity to take home inexpensive, unlimited internet). Because both father and mother didn’t have any special experience with a computer, they didn’t even get used to Windows \ DOS, decided to take a Linux netbook in order to protect against viruses. Having climbed the Yandex.Market, I decided to take one of the most inexpensive models - MSI Wind U100X-252RU. Ordered on the site msimobile .
On Friday morning, the courier delivered a netbook. Opened, showed, everything seems OK, I signed and gave the money. In a good mood from fast delivery, brought home and put on the shelf. Shook up and generally for a time forgot about the laptop.
Monday evening decided to set up a little laptop. It turned out that it was not some kind of Ubunt that was worth it, but Suse Linux Enterprise Desktop (nowhere about which Linux was mentioned). Surprised, but decided to figure it out. While fiddling with the settings, I noticed that I was somehow overheating. Well, okay, especially not pay attention. After a long setup, I decided to boot from bootable flash Mandriva 2010, and quite accidentally clicked "Check RAM" (through the well-known Memtest86 +). After a while, the laptop spontaneously turned off. I ran again, the result is the same, turned off even faster (less than 5 minutes). In the end, I found that:
a) The intervals between reboots / shutdowns are reduced with each subsequent launch
b) Restarts / Shutdowns occur only when executing demanding applications. If you just turn on the laptop and put it to stand, then it will remain to work without problems.
The next day I called the store where I bought the laptop, described the problem. I was told this, they say, bring it to the Service Center, they will give you a conclusion about the breakdown, and then we will replace it with a new one or give it back. I called the SC (if specifically, in Serso), in the same place I was told that 15 days have not passed yet, sort it out yourself with the seller, we say, we only repair it here. I thought about it, decided to read the Law "On Consumer Protection", and even on the cortex of the brain there were some posts here on Habré, about this law and similar cases (in particular, about the ION store, just recently there were records about Rick Computers). Understood that you need to contact the seller directly with the claim. I called the store again, again reminded of the ZOZPP about the standard otmazu about the SC, immediately switched to a lawyer. Having discussed the situation in sufficient detail with her, I decided to take the complaint the next day and maybe immediately give the laptop a quality check.
')
I made a complaint, described shortcomings, indicated that I refuse any repairs, I need to carry out any checks of the laptop in my presence, please replace the laptop for the same or give money if replacement is not possible (although many claim that the claim must have one and only one thing, but more on that later). He took with him a laptop, a claim in two copies, a copy of the invoice \ check \ warranty card and came to the office of the online store. I gave the lawyer a complaint, everything seems OK, and as if she says finally, they say, you have to give the goods for quality control, she will be in the SC, though they will not be allowed there. I am so attached, I say, in accordance with paragraph 5 of Article 18 of the RFCP, I have every right to attend any checks. Then another man joined the discussion (as I later understood, he occupies one of the leading positions in this store), and he began to communicate with me in no way in the most polite way, but rather in a somewhat boorish way. Well, I think I will have to bring two witnesses with me, because They refuse to accept the claim. However, in the end I added to the end of the claim that they say I refuse to transfer the goods into the hands of the seller, and in the case of any inspections I deliver the goods to the place of their conduct. With such a supplement, the claim was accepted, and I left.
Honestly, by this time I had already lost enough time, and I was nervous about the order. Therefore, I decided to call this store again and try to solve everything peacefully and quickly. I talked once again with a lawyer, agreed that she would send me a delivery-acceptance form for a quality check, I’ll fill it in at home and bring it with my laptop. However, this act contained very interesting lines:
What is the trick. Firstly, I hand over the goods for quality control, however, the text explicitly speaks about the examination (I will explain that the examination is appointed only after carrying out the quality check, and only in the event of a dispute about the causes of the deficiencies of the goods). Further, even assuming that the seller inadvertently confused these terms, I would still have to give money for storage, delivery and the examination itself, although the consumer does not pay anything for quality control in any case (it pays for the examination if the consumer himself). Obviously, it really alerted me. I was told on the phone that nothing can be fixed, they say, every institution has its own regulatory documents and there is nothing to correct here.
I called the Consumer Rights Protection Society , described the situation. We were advised to write a statement that I would give the goods only with the preparation of the appropriate goods acceptance certificate for quality control (to make in duplicate, both for the signature, one to keep for themselves - in general, all as with a complaint).
A registered letter arrived with a notice from the store. Its essence was that I myself refused to deliver the goods for quality control, they will not have time to replace them with a similar product. And for the return of money they need to conduct a quality check, so they re-ask me to bring the goods for quality check. Like this.
He corrected the text of the act (in fact, replaced “expertise” with “quality control”), described in detail the shortcomings of the goods, the completeness, also wrote that there were no cracks, scratches, chips, or unauthorized access. Naturally, such an act was not accepted from me - they say, sign ours or the dui itself in the SC. Having decided that nerves and time are more important, I spat, and decided to sign - I have practically resigned myself to the fact that I will be repaired as usual in the SC. At the same time, I listened to a lecture by the chief on the subject of limits from the provinces (I myself did not come from Moscow), although at least he meant not me, but our provincial sellers - like all fuckers there, and we are all in white here in Moscow, and not we should not trust. Passed and left.
December 18, called back to the store, asked if there would be a quality check, when and where, I want to be present. They asked whether it was convenient on Tuesday, from 10 to 12, in Cerceau. I said I would come.
Had arrived. I'm sitting, waiting for the representative of the store with the laptop. After about 20 minutes, he could not stand it and asked the employee of Cerseau if he was aware of the upcoming quality check. It turns out, yes, the laptop was brought yesterday, the store employees themselves will not. Found a laptop and invited me to check the quality. I took it to the technician, gave him a laptop and put me next to it. By the way, instead of my detailed description of the problem on the Serso form, there was a scant “suddenly turned off. restarts in 15 minutes. ” And at first, the technician just wanted to turn on and stupidly wait 15 minutes, after which, of course, the product would be recognized as a good quality product. I explained everything to him in detail, he ran a memory test and, as expected, after 10 minutes the laptop turned off. According to the technician, the motherboard is most likely (oh, yes, the praised MSI motherboards;)), and I already wanted to send the goods for repair! I pulled him up in time and explained to him that I needed only a certificate that the goods were of inadequate quality. As a result, a diagnostic report was issued, in which it was stated that the stated defects were confirmed, they could not be caused by the consumer, and that the client refused warranty repair.
By the way, I was amazed at the number of MSI laptops being repaired in the SC (and MSI Wind in particular). In the area of ​​a quarter or third of the total, in my opinion.
I called the store again, told me about the check, set a date and time for me to collect the money. He came, took the money, however, as usual, not without boorish jokes of the chief.
As a result, I was carrying more than two weeks. Honestly, I almost until the last thought thought that in the end I would have to decide everything through the court, although I didn’t need it at all (very little free time to spend money on the unfortunate thousand five rubles for moral damages). It also turned out that it would be better to be safe: for example, if I had not written two requirements instead of one, most likely I would have been refused to replace the goods, if I hadn’t indicated the deadlines for replacing / returning money, everything would have been delayed and my 15 days would have gone far , or if I had not gone to check in the SC, then by default they would have recorded the goods for repair, and then try ...
In short:
- spent a lot of time
- all these trips are not at all beneficial to their health and nervous calm
+ I studied the Law “On Protection of Consumer Rights” quite well.
+ defended their rights to return paid money for low-quality goods
+ any experience is useful
By the way, parents think now to buy a good blender instead of a netbook :)
PS If this post is considered useful by the habrovans and will help with karma, I’ll move it to the Consumer Rights Protection blog.
Thanks for the karma, transferred to the thematic blog.
December 4th. Purchase
On Friday morning, the courier delivered a netbook. Opened, showed, everything seems OK, I signed and gave the money. In a good mood from fast delivery, brought home and put on the shelf. Shook up and generally for a time forgot about the laptop.
December 7th. Netbook defective.
Monday evening decided to set up a little laptop. It turned out that it was not some kind of Ubunt that was worth it, but Suse Linux Enterprise Desktop (nowhere about which Linux was mentioned). Surprised, but decided to figure it out. While fiddling with the settings, I noticed that I was somehow overheating. Well, okay, especially not pay attention. After a long setup, I decided to boot from bootable flash Mandriva 2010, and quite accidentally clicked "Check RAM" (through the well-known Memtest86 +). After a while, the laptop spontaneously turned off. I ran again, the result is the same, turned off even faster (less than 5 minutes). In the end, I found that:
a) The intervals between reboots / shutdowns are reduced with each subsequent launch
b) Restarts / Shutdowns occur only when executing demanding applications. If you just turn on the laptop and put it to stand, then it will remain to work without problems.
The next day I called the store where I bought the laptop, described the problem. I was told this, they say, bring it to the Service Center, they will give you a conclusion about the breakdown, and then we will replace it with a new one or give it back. I called the SC (if specifically, in Serso), in the same place I was told that 15 days have not passed yet, sort it out yourself with the seller, we say, we only repair it here. I thought about it, decided to read the Law "On Consumer Protection", and even on the cortex of the brain there were some posts here on Habré, about this law and similar cases (in particular, about the ION store, just recently there were records about Rick Computers). Understood that you need to contact the seller directly with the claim. I called the store again, again reminded of the ZOZPP about the standard otmazu about the SC, immediately switched to a lawyer. Having discussed the situation in sufficient detail with her, I decided to take the complaint the next day and maybe immediately give the laptop a quality check.
')
9th December. Delivery of the claim
I made a complaint, described shortcomings, indicated that I refuse any repairs, I need to carry out any checks of the laptop in my presence, please replace the laptop for the same or give money if replacement is not possible (although many claim that the claim must have one and only one thing, but more on that later). He took with him a laptop, a claim in two copies, a copy of the invoice \ check \ warranty card and came to the office of the online store. I gave the lawyer a complaint, everything seems OK, and as if she says finally, they say, you have to give the goods for quality control, she will be in the SC, though they will not be allowed there. I am so attached, I say, in accordance with paragraph 5 of Article 18 of the RFCP, I have every right to attend any checks. Then another man joined the discussion (as I later understood, he occupies one of the leading positions in this store), and he began to communicate with me in no way in the most polite way, but rather in a somewhat boorish way. Well, I think I will have to bring two witnesses with me, because They refuse to accept the claim. However, in the end I added to the end of the claim that they say I refuse to transfer the goods into the hands of the seller, and in the case of any inspections I deliver the goods to the place of their conduct. With such a supplement, the claim was accepted, and I left.
Honestly, by this time I had already lost enough time, and I was nervous about the order. Therefore, I decided to call this store again and try to solve everything peacefully and quickly. I talked once again with a lawyer, agreed that she would send me a delivery-acceptance form for a quality check, I’ll fill it in at home and bring it with my laptop. However, this act contained very interesting lines:
ATTENTION CUSTOMER !!!
The handed over equipment is examined by an authorized service center in accordance with paragraph 5 of Article 18 of the Law "On Protection of Consumer Rights".
If, as a result of the examination of the goods, it is established that the equipment handed over is of adequate quality, or its defects have arisen due to circumstances for which the seller (manufacturer) is not responsible, then the consumer must compensate the seller for the costs of the examination, as well as the costs of storage and transportation equipment.
The cost of storage and delivery of equipment to an authorized
service center and back ... ... ... ... ... ... ... ... ... ... ... 1000 (One thousand) rubles 00 kopecks
The cost of the examination .....................................................................1500 (One thousand five hundred) rubles 00 kopecks.
In case of refusal of reimbursement of the above costs, the client equipment is retained until the moment of payment. Delivery of equipment does not mean the transfer of ownership from the customer to the seller.
I am familiar with the terms of acceptance of equipment.
The above costs reimburse agree.
What is the trick. Firstly, I hand over the goods for quality control, however, the text explicitly speaks about the examination (I will explain that the examination is appointed only after carrying out the quality check, and only in the event of a dispute about the causes of the deficiencies of the goods). Further, even assuming that the seller inadvertently confused these terms, I would still have to give money for storage, delivery and the examination itself, although the consumer does not pay anything for quality control in any case (it pays for the examination if the consumer himself). Obviously, it really alerted me. I was told on the phone that nothing can be fixed, they say, every institution has its own regulatory documents and there is nothing to correct here.
I called the Consumer Rights Protection Society , described the situation. We were advised to write a statement that I would give the goods only with the preparation of the appropriate goods acceptance certificate for quality control (to make in duplicate, both for the signature, one to keep for themselves - in general, all as with a complaint).
December 15th. The official response of the store.
A registered letter arrived with a notice from the store. Its essence was that I myself refused to deliver the goods for quality control, they will not have time to replace them with a similar product. And for the return of money they need to conduct a quality check, so they re-ask me to bring the goods for quality check. Like this.
December 16th. Letting laptop check.
He corrected the text of the act (in fact, replaced “expertise” with “quality control”), described in detail the shortcomings of the goods, the completeness, also wrote that there were no cracks, scratches, chips, or unauthorized access. Naturally, such an act was not accepted from me - they say, sign ours or the dui itself in the SC. Having decided that nerves and time are more important, I spat, and decided to sign - I have practically resigned myself to the fact that I will be repaired as usual in the SC. At the same time, I listened to a lecture by the chief on the subject of limits from the provinces (I myself did not come from Moscow), although at least he meant not me, but our provincial sellers - like all fuckers there, and we are all in white here in Moscow, and not we should not trust. Passed and left.
December 18, called back to the store, asked if there would be a quality check, when and where, I want to be present. They asked whether it was convenient on Tuesday, from 10 to 12, in Cerceau. I said I would come.
December 22nd. Quality check in Serso SC.
Had arrived. I'm sitting, waiting for the representative of the store with the laptop. After about 20 minutes, he could not stand it and asked the employee of Cerseau if he was aware of the upcoming quality check. It turns out, yes, the laptop was brought yesterday, the store employees themselves will not. Found a laptop and invited me to check the quality. I took it to the technician, gave him a laptop and put me next to it. By the way, instead of my detailed description of the problem on the Serso form, there was a scant “suddenly turned off. restarts in 15 minutes. ” And at first, the technician just wanted to turn on and stupidly wait 15 minutes, after which, of course, the product would be recognized as a good quality product. I explained everything to him in detail, he ran a memory test and, as expected, after 10 minutes the laptop turned off. According to the technician, the motherboard is most likely (oh, yes, the praised MSI motherboards;)), and I already wanted to send the goods for repair! I pulled him up in time and explained to him that I needed only a certificate that the goods were of inadequate quality. As a result, a diagnostic report was issued, in which it was stated that the stated defects were confirmed, they could not be caused by the consumer, and that the client refused warranty repair.
By the way, I was amazed at the number of MSI laptops being repaired in the SC (and MSI Wind in particular). In the area of ​​a quarter or third of the total, in my opinion.
December 23rd. Refund.
I called the store again, told me about the check, set a date and time for me to collect the money. He came, took the money, however, as usual, not without boorish jokes of the chief.
Findings.
As a result, I was carrying more than two weeks. Honestly, I almost until the last thought thought that in the end I would have to decide everything through the court, although I didn’t need it at all (very little free time to spend money on the unfortunate thousand five rubles for moral damages). It also turned out that it would be better to be safe: for example, if I had not written two requirements instead of one, most likely I would have been refused to replace the goods, if I hadn’t indicated the deadlines for replacing / returning money, everything would have been delayed and my 15 days would have gone far , or if I had not gone to check in the SC, then by default they would have recorded the goods for repair, and then try ...
In short:
- spent a lot of time
- all these trips are not at all beneficial to their health and nervous calm
+ I studied the Law “On Protection of Consumer Rights” quite well.
+ defended their rights to return paid money for low-quality goods
+ any experience is useful
By the way, parents think now to buy a good blender instead of a netbook :)
Useful links.
- Consumer Rights Protection Society website and its forum .
- Actually, the text of the Law "On Protection of Consumer Rights"
- Actions when there is a shortage in the product
- How to take the goods with a lack of inspection and examination
Thanks for the karma, transferred to the thematic blog.
Source: https://habr.com/ru/post/79246/
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