Return a laptop or six months of torment
I am not ashamed to write here the names of companies. The process was open, and I showed maximum loyalty and honesty both to the store and to the manufacturer - it is a great pity that they did not respond the same.
Next - two parts. What I did and how to do it.
')
It so happened that in October 2008, I bought a laptop from MSI in the Cybernet store (also known as Styling LLC) at Gorbushka.
The laptop I have successfully worked for some time, and then somehow turned off. I turn on - and I understand what smells like fried - the power supply input melts. Very quickly zabakapilsya, cleaned up the screw and did not turn it on any more - it was scary.
What would the average consumer do? I would look at the warranty card. Warranty told me that it lasts 2 years - that is, a year and a half I still had it in reserve. I found the address of the ASC in the same guarantee - and it turned out to be Cerseau, - and dragged the laptop there.
In Serso, the laptop was accepted, the reasons for the change were written - that the power plug was warming up and the keys were stuck - and the very next day they called and offered to pick up the laptop. In conclusion, the ASC meant that my case was not a guarantee, because there is a mechanical damage in the form of a flashing.
Well, well - I thought - it’s useless to swear with them - I will drag him to an independent examination and return him to the store.
I dragged the laptop into an independent examination “Quality and Law”, and the guys made me a conclusion within a week - for something about 7000 rubles.
The conclusion contained a description of the production defect - complex technical things, the essence was precisely the marriage of the manufacturer.
I didn’t expect anything else - I always carefully handle the equipment - and such damage could only be possible if I had been blowing hard there with a soldering iron.
He received a report and began to call the store - once he arrived there, they did not accept it because there was no manager. After some time, there was a case when the manager was on the spot and in general were ready to accept everything from me - ironically, it happened exactly one year after the purchase, on the same date.
He came to the store, wrote an application for a refund for low-quality goods. Signed a piece of paper on the agreement on the examination of the store, and then,probably under hypnosis, wrote a stupid piece of paper that I will not demand reimbursement from the store for an independent examination (DO NOT TRY TO REPEAT THIS HOUSE).
Okay, passed and drove home. Then a kind of terrorism began - they called me fairly regularly and asked me to pick up the application, then rewrite it, then go butt with the ASC - but not touch them.
He suffered it about two months and went to the justice of the peace, at his place of registration. I wanted to do everything myself, without spending money on a lawyer and not contacting OZPP - in vain, of course.
He filed a lawsuit in court where he described the whole situation, demanded the termination of the contract of sale, compensation for moral damage and attached the following to the lawsuit:
1. A copy of the warranty card
2. Copy of the application for diagnostics and refund in LLC “Styling”
3. A copy of the receipt for the order along with the number 5ST0000016 of 10/07/2009 with a description of the appearance of the laptop
4. A copy of the receipt for the order, together with the number 5ST0000016 of 10/07/2009
5. Original of the statement of opinion of LLC “Authorized Center Serso”
6. Original purchase receipt for the purchase of a laptop (three sheets - sales receipt, check, terminal check)
7. Original certificate of personal income for 2009
8. The original of the act of independent examination
And in return he received a subpoena for a preliminary hearing.
The respondent did not appear at the preliminary hearing - a prosaic reason - the summons did not have time to reach the mail :)
Not lazy and the agenda for the court has already taken to the store in person and handed over to the manager under the signature on the copy.
In fact, the court was, on the whole, extremely short: only the waiting between processes was long.
At the first trial, the defendant brought a third party with him - which I certainly did not expect - an MSI representative in Russia. I didn’t have any objections, but most of all the problems were caused by the third party.
It was MSI at the first hearing that initiated a forensic examination to confirm the independent examination.
The logic in this was - all the more so after spending a lot of time, I was not particularly in a hurry. They decided to carry out the examination in the Center-Examination ANO, at the OZPP.
Forensic examination practically word for word repeated independent, and I already hoped that justice would prevail.
But, having missed one process due to the unavailability of an expert opinion, it all ended up somehow very strange.
Again, a third party (that is, a representative of MSI) appealed to the fact that I am not a consumer. And all because I decided to butt myself with this all myself, and not attracted a lawyer - in some of the processes I attached to the case a justification of moral damage, which simply was illiterately compiled.
Why illiterate? Because I, a fool, appealed to the fact that I, working on a laptop, lost a client that I had led as part of my project “SeoParser.Ru” (I don’t give links to it - not PR). Than I didn’t take advantage of the third party - by calling me an entrepreneur, and stating that I can’t fall under the definition of a consumer.
I reasonably objected that I couldn’t be an entrepreneur, but I forgot the right words “Please postpone the hearing”, and as a result I explained cruelly that the project is not aimed at systematically making a profit, and electronic money cannot be perceived as real. By the way, the project worked and works exclusively on donations - our legislation interprets such situations extremely strangely - the provision of services by private individuals to private individuals. Now we just removed the “Ponte Soap Bubbles” from the main page.
However, the court, as I understand it, did not seriously take the desperate persuasion of the defendant and the third party to shoot me, but passed the verdict in my favor - to pay the cost of the laptop and less than 10% of the claimed moral damage.
As a result, the return of the laptop to the store cost me somewhere in the 5 months of hassle, and the refunded cost did not cover the time I spent on it - job missing, in particular. More precisely - the profit in zero balance minus the laptop.
1. Do not do everything yourself and contact a lawyer or directly to OZPP.
But you are inquisitive, you want everything yourself.
2. It was possible to ignore the ACS and drag the broken laptop to the store.
Most likely, he would have been given the same way and would have been dragging on the rubber - but in ZOZPP, the store is obliged to conduct an examination at its own expense and return the money - with an addition to the penalty and lost profit.
3. If the store pulls the rubber - an application is filed to the magistrate (up to 95,000 rubles).
I really waited a long time. I liked the store and I did not expect such a trick.
4. It is possible not to write a justification of moral damage, but it will be necessary to announce the reason anyway. One must be extremely careful when using the concepts of profit and loss.
The ideal justification for moral damage is the most honest thing — that is, in my case I tried to shift money to my nerves, and it was enough just to write that I did not go to work, as a result, I received kicks from the management, and as a result I was frustrated.
5. Do not hesitate to write a demand penalty.
If there is no response to the application no longer than the term stated in the application, a penalty from the cost of the goods no more than N percent is dripping daily - I don’t remember exactly, but ZOZPP describes this.
6. Do not write stupid pieces of paper like "I will not demand a refund for ....".
No comments
7. Examination is carried out only in the presence of the plaintiff - that is, you. Just in case.
And by the way - it is very interesting - when a laptop is taken apart and comments are given
8. It’s absolutely not a problem to attach to the case a claim for lost profit - did you not go to work? Lost profit.
Do not in any way appeal to the fact that you worked on a laptop. You are a consumer, do not forget. No brainer that every third person who owns a laptop falls under the definition of an entrepreneur - carries out activities aimed at making a profit. The insanity is that you can easily stop falling under the definition of Consumer and get out of the protection of OZPP, respectively, you will no longer be sued by a justice of the peace.
Keep in mind that you can also fly with the justification of lost profits due to the fact that you did not go to work. According to the Labor Code of the Russian Federation, the employer does not penalize you if you receive a subpoena and you cannot go to work.
9. Do not give any concessions to the parties.
In my case, it was obvious that Styling and MSI have known each other for a long time and my process is not their first. By virtue of my good nature, I did not pay attention to the little things of which a well-built attack came together and was not prepared to respond to it.
It is necessary to carefully, very carefully read what you yourself write, and think over every word, not paying attention to the provocations of the parties .
In any case, I got a lot of experience, as well as at least the cost of a laptop and a bit of moral damage - which was very honestly calculated - exactly in those days that I spent on going to the store, expertise and service. By the day for everyone, so to speak.
If the judge did take my “business activity” seriously, it could turn out to be worse and I would now appeal to the arbitration court. Now I just have to wait for the transfer from the store - and pick up the court opinion, paying for the lesson, so to speak, unpaid moral money.
If I hadn’t been so stupid, I think I would have received everything that was necessary. And the presence of a lawyer would simply accelerate the case due to the congenital impudence thereof.
For me, honestly, a shock - that such a large manufacturer as MSI behaves as petty and indecent. Well, God be their judge, of course. You can still understand the store, but respect for the corporation from such pettiness, distrust and evilness will not increase. By the way, I have been sitting on HP for a long time - and when he behaved badly - dragged him to the SC, where, despite mechanical damage (he fell even earlier and the scenery was bent a little), they corrected me, corrected it and cleaned it in general, - and HP support by phone offered a new laptop if this one finally stops working - until the circumstances are clear. The problem turned out to be everyday - in the store for 1905 I was given the wrong exercise - so everything ended up extremely well.
Next - two parts. What I did and how to do it.
Before trial
')
It so happened that in October 2008, I bought a laptop from MSI in the Cybernet store (also known as Styling LLC) at Gorbushka.
The laptop I have successfully worked for some time, and then somehow turned off. I turn on - and I understand what smells like fried - the power supply input melts. Very quickly zabakapilsya, cleaned up the screw and did not turn it on any more - it was scary.
What would the average consumer do? I would look at the warranty card. Warranty told me that it lasts 2 years - that is, a year and a half I still had it in reserve. I found the address of the ASC in the same guarantee - and it turned out to be Cerseau, - and dragged the laptop there.
In Serso, the laptop was accepted, the reasons for the change were written - that the power plug was warming up and the keys were stuck - and the very next day they called and offered to pick up the laptop. In conclusion, the ASC meant that my case was not a guarantee, because there is a mechanical damage in the form of a flashing.
Well, well - I thought - it’s useless to swear with them - I will drag him to an independent examination and return him to the store.
I dragged the laptop into an independent examination “Quality and Law”, and the guys made me a conclusion within a week - for something about 7000 rubles.
The conclusion contained a description of the production defect - complex technical things, the essence was precisely the marriage of the manufacturer.
I didn’t expect anything else - I always carefully handle the equipment - and such damage could only be possible if I had been blowing hard there with a soldering iron.
He received a report and began to call the store - once he arrived there, they did not accept it because there was no manager. After some time, there was a case when the manager was on the spot and in general were ready to accept everything from me - ironically, it happened exactly one year after the purchase, on the same date.
He came to the store, wrote an application for a refund for low-quality goods. Signed a piece of paper on the agreement on the examination of the store, and then,
Okay, passed and drove home. Then a kind of terrorism began - they called me fairly regularly and asked me to pick up the application, then rewrite it, then go butt with the ASC - but not touch them.
Training
He suffered it about two months and went to the justice of the peace, at his place of registration. I wanted to do everything myself, without spending money on a lawyer and not contacting OZPP - in vain, of course.
He filed a lawsuit in court where he described the whole situation, demanded the termination of the contract of sale, compensation for moral damage and attached the following to the lawsuit:
1. A copy of the warranty card
2. Copy of the application for diagnostics and refund in LLC “Styling”
3. A copy of the receipt for the order along with the number 5ST0000016 of 10/07/2009 with a description of the appearance of the laptop
4. A copy of the receipt for the order, together with the number 5ST0000016 of 10/07/2009
5. Original of the statement of opinion of LLC “Authorized Center Serso”
6. Original purchase receipt for the purchase of a laptop (three sheets - sales receipt, check, terminal check)
7. Original certificate of personal income for 2009
8. The original of the act of independent examination
And in return he received a subpoena for a preliminary hearing.
The respondent did not appear at the preliminary hearing - a prosaic reason - the summons did not have time to reach the mail :)
Not lazy and the agenda for the court has already taken to the store in person and handed over to the manager under the signature on the copy.
Sud
In fact, the court was, on the whole, extremely short: only the waiting between processes was long.
At the first trial, the defendant brought a third party with him - which I certainly did not expect - an MSI representative in Russia. I didn’t have any objections, but most of all the problems were caused by the third party.
It was MSI at the first hearing that initiated a forensic examination to confirm the independent examination.
The logic in this was - all the more so after spending a lot of time, I was not particularly in a hurry. They decided to carry out the examination in the Center-Examination ANO, at the OZPP.
Forensic examination practically word for word repeated independent, and I already hoped that justice would prevail.
But, having missed one process due to the unavailability of an expert opinion, it all ended up somehow very strange.
Again, a third party (that is, a representative of MSI) appealed to the fact that I am not a consumer. And all because I decided to butt myself with this all myself, and not attracted a lawyer - in some of the processes I attached to the case a justification of moral damage, which simply was illiterately compiled.
Why illiterate? Because I, a fool, appealed to the fact that I, working on a laptop, lost a client that I had led as part of my project “SeoParser.Ru” (I don’t give links to it - not PR). Than I didn’t take advantage of the third party - by calling me an entrepreneur, and stating that I can’t fall under the definition of a consumer.
I reasonably objected that I couldn’t be an entrepreneur, but I forgot the right words “Please postpone the hearing”, and as a result I explained cruelly that the project is not aimed at systematically making a profit, and electronic money cannot be perceived as real. By the way, the project worked and works exclusively on donations - our legislation interprets such situations extremely strangely - the provision of services by private individuals to private individuals. Now we just removed the “Ponte Soap Bubbles” from the main page.
However, the court, as I understand it, did not seriously take the desperate persuasion of the defendant and the third party to shoot me, but passed the verdict in my favor - to pay the cost of the laptop and less than 10% of the claimed moral damage.
As a result, the return of the laptop to the store cost me somewhere in the 5 months of hassle, and the refunded cost did not cover the time I spent on it - job missing, in particular. More precisely - the profit in zero balance minus the laptop.
Results - how it was necessary to do
1. Do not do everything yourself and contact a lawyer or directly to OZPP.
But you are inquisitive, you want everything yourself.
2. It was possible to ignore the ACS and drag the broken laptop to the store.
Most likely, he would have been given the same way and would have been dragging on the rubber - but in ZOZPP, the store is obliged to conduct an examination at its own expense and return the money - with an addition to the penalty and lost profit.
3. If the store pulls the rubber - an application is filed to the magistrate (up to 95,000 rubles).
I really waited a long time. I liked the store and I did not expect such a trick.
4. It is possible not to write a justification of moral damage, but it will be necessary to announce the reason anyway. One must be extremely careful when using the concepts of profit and loss.
The ideal justification for moral damage is the most honest thing — that is, in my case I tried to shift money to my nerves, and it was enough just to write that I did not go to work, as a result, I received kicks from the management, and as a result I was frustrated.
5. Do not hesitate to write a demand penalty.
If there is no response to the application no longer than the term stated in the application, a penalty from the cost of the goods no more than N percent is dripping daily - I don’t remember exactly, but ZOZPP describes this.
6. Do not write stupid pieces of paper like "I will not demand a refund for ....".
No comments
7. Examination is carried out only in the presence of the plaintiff - that is, you. Just in case.
And by the way - it is very interesting - when a laptop is taken apart and comments are given
8. It’s absolutely not a problem to attach to the case a claim for lost profit - did you not go to work? Lost profit.
Do not in any way appeal to the fact that you worked on a laptop. You are a consumer, do not forget. No brainer that every third person who owns a laptop falls under the definition of an entrepreneur - carries out activities aimed at making a profit. The insanity is that you can easily stop falling under the definition of Consumer and get out of the protection of OZPP, respectively, you will no longer be sued by a justice of the peace.
Keep in mind that you can also fly with the justification of lost profits due to the fact that you did not go to work. According to the Labor Code of the Russian Federation, the employer does not penalize you if you receive a subpoena and you cannot go to work.
9. Do not give any concessions to the parties.
In my case, it was obvious that Styling and MSI have known each other for a long time and my process is not their first. By virtue of my good nature, I did not pay attention to the little things of which a well-built attack came together and was not prepared to respond to it.
It is necessary to carefully, very carefully read what you yourself write, and think over every word, not paying attention to the provocations of the parties .
In any case, I got a lot of experience, as well as at least the cost of a laptop and a bit of moral damage - which was very honestly calculated - exactly in those days that I spent on going to the store, expertise and service. By the day for everyone, so to speak.
If the judge did take my “business activity” seriously, it could turn out to be worse and I would now appeal to the arbitration court. Now I just have to wait for the transfer from the store - and pick up the court opinion, paying for the lesson, so to speak, unpaid moral money.
If I hadn’t been so stupid, I think I would have received everything that was necessary. And the presence of a lawyer would simply accelerate the case due to the congenital impudence thereof.
For me, honestly, a shock - that such a large manufacturer as MSI behaves as petty and indecent. Well, God be their judge, of course. You can still understand the store, but respect for the corporation from such pettiness, distrust and evilness will not increase. By the way, I have been sitting on HP for a long time - and when he behaved badly - dragged him to the SC, where, despite mechanical damage (he fell even earlier and the scenery was bent a little), they corrected me, corrected it and cleaned it in general, - and HP support by phone offered a new laptop if this one finally stops working - until the circumstances are clear. The problem turned out to be everyday - in the store for 1905 I was given the wrong exercise - so everything ended up extremely well.
Source: https://habr.com/ru/post/82971/
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