Consumer Protection: a refund for a technically complex product in the event of a malfunction that reoccurs after elimination
Good day, harbrabudi.
I want to experiment on the return of my laptop to the seller, referring to the 15-day period for the return of technically complex products, and publish here, but already in a thematic blog, the results of the research. But first, I need to get ready: check with knowledgeable people (and they certainly have here) some legal subtleties and find out how to confirm that a malfunction occurs a second time after it has been fixed.
The fault looks even somehow scary for now:
Notebook ASUS X80L, purchased at the end of September 2008 for 16,300 rubles, warranty period 2 years, was repaired twice at an authorized service center "ASK-Service" (Moscow).
The motherboard burned for the first time, in the second the top cover cracked near the hinge on the left side. The ends of the crack did not reach the limits of the part, that is, clearly caused not by hitting the end face of the lid, but by internal forces that occur when the lid is deformed during opening and closing. Top cover malfunction known and common . The laptop was used carefully and carefully, it never fell, it was always transported in the ASUS branded backpack . I even used Kensington Castle .
Both times the repair was made without question. They simply accepted the faulty laptop and replaced the damaged part with a new one - first the motherboard, and then the top cover. Both times I was afraid that they would refuse to repair, refer to the fact that I used another charger and dropped the laptop myself. However, my location was not confirmed and the repair was performed free of charge and quite quickly. The SC even sent sms about the status of the repair, it was also possible to track it through the site and even pick up with a significant delay due to the fact that I went on a two-week hike after handing over the laptop to the engineers.
')
Recently, the top cover cracked again. In the same place, but on a new part. Similarly, it lacks its ends to the edges of the part.
When talking on the phone, the seller refers to the fact that
( From Article 18 of the Law "On Protection of Consumer Rights" )
Specifically, the seller pushes for a 15-day period, and also refers to the need to conclude a service center, although nothing is written about the need for such a conclusion in this 18th article of the Law on Consumer Protection. The service center, which is an authorized SC, states that it is engaged only in repair activities and will not give any conclusions about the crack.
The Ministry of Antimonopoly Policy of the Russian Federation, in its order, gives the following explanation of the concept of a “material lack of goods”:
To the point: I'm going to return the laptop to the seller, which I have been using for as long as a year and a half, to return all the money, and at the same time try to do it as quickly as possible, politely, and without a trial.
Actually questions : is there anyone on Habré with similar experience? How justified are my expectations? How to prove that the fault has manifested itself again and that once it has already been fixed? Is this fault a new one? The part on which it occurs, was replaced by a SC with a new one? How not to make the seller angry with his legal requirements and persuade him to fulfill his obligations voluntarily, without a trial, without mentioning the word “court” at all, because it sounds like intimidation and anger?
There is no desire to repair - not for the third time! So in half a year, when the warranty period expires, you will have to repair it again, but for your own money. I plan to spend the returned money on a more modern compact laptop or netbook.
I want to experiment on the return of my laptop to the seller, referring to the 15-day period for the return of technically complex products, and publish here, but already in a thematic blog, the results of the research. But first, I need to get ready: check with knowledgeable people (and they certainly have here) some legal subtleties and find out how to confirm that a malfunction occurs a second time after it has been fixed.
The fault looks even somehow scary for now:
Notebook ASUS X80L, purchased at the end of September 2008 for 16,300 rubles, warranty period 2 years, was repaired twice at an authorized service center "ASK-Service" (Moscow).
The motherboard burned for the first time, in the second the top cover cracked near the hinge on the left side. The ends of the crack did not reach the limits of the part, that is, clearly caused not by hitting the end face of the lid, but by internal forces that occur when the lid is deformed during opening and closing. Top cover malfunction known and common . The laptop was used carefully and carefully, it never fell, it was always transported in the ASUS branded backpack . I even used Kensington Castle .
Both times the repair was made without question. They simply accepted the faulty laptop and replaced the damaged part with a new one - first the motherboard, and then the top cover. Both times I was afraid that they would refuse to repair, refer to the fact that I used another charger and dropped the laptop myself. However, my location was not confirmed and the repair was performed free of charge and quite quickly. The SC even sent sms about the status of the repair, it was also possible to track it through the site and even pick up with a significant delay due to the fact that I went on a two-week hike after handing over the laptop to the engineers.
')
Recently, the top cover cracked again. In the same place, but on a new part. Similarly, it lacks its ends to the edges of the part.
When talking on the phone, the seller refers to the fact that
“With regard to a technically complex product, the consumer, in the event of deficiencies in it, has the right to refuse to execute the contract of sale and demand the return of the amount paid for such goods, or to demand to replace it with goods of the same brand (model, article) or the same another brand (model, article) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer of such goods to the consumer. After the expiration of this period, these requirements shall be satisfied in one of the following cases:
detection of a significant shortage of goods;
... "
( From Article 18 of the Law "On Protection of Consumer Rights" )
Specifically, the seller pushes for a 15-day period, and also refers to the need to conclude a service center, although nothing is written about the need for such a conclusion in this 18th article of the Law on Consumer Protection. The service center, which is an authorized SC, states that it is engaged only in repair activities and will not give any conclusions about the crack.
The Ministry of Antimonopoly Policy of the Russian Federation, in its order, gives the following explanation of the concept of a “material lack of goods”:
The material defects (goods, services) that ..., or which appear again after elimination , ...
To the point: I'm going to return the laptop to the seller, which I have been using for as long as a year and a half, to return all the money, and at the same time try to do it as quickly as possible, politely, and without a trial.
Actually questions : is there anyone on Habré with similar experience? How justified are my expectations? How to prove that the fault has manifested itself again and that once it has already been fixed? Is this fault a new one? The part on which it occurs, was replaced by a SC with a new one? How not to make the seller angry with his legal requirements and persuade him to fulfill his obligations voluntarily, without a trial, without mentioning the word “court” at all, because it sounds like intimidation and anger?
There is no desire to repair - not for the third time! So in half a year, when the warranty period expires, you will have to repair it again, but for your own money. I plan to spend the returned money on a more modern compact laptop or netbook.
Source: https://habr.com/ru/post/85803/
All Articles