Home Law in IT Consumer protection in Russia: We are far from the last

Consumer protection in Russia: We are far from the last

by admin

I am tired of hearing from acquaintances lamenting about the quality of consumer rights protection in Russia and the envious exclamation: "Here in the West….".
No, I don’t mean to say that I have a negative attitude towards the west, I just want to show that our citizens have protection as well.And the consumer protection law is far from what many imagine it to be.

So, let’s begin

Seller : You can’t collect your money for the phone because it’s been two weeks since you bought it.
If you do have to deal with a refund, buy the consumer protection code, take notes, bookmark it so you can quickly put them in their place when talking to the warranty department.
Leave the first (and most important) bookmark on the first paragraph of articles 18 and 19, according to them you are entitled to a refund during the entire warranty period
Seller : Sorry, but the phone is a technically complex item for which the return period is 14 days.
Well, a weighty statement, the seller points to the same first paragraph of Article 18, and turns out to be "right."
The fact is that the list 575 ("List of technically complex goods") was approved as far back as 1997.
Lawyers have not suggested any revision of it, but judging from what I have repeatedly managed to get in stores, this is the latter list.
So what is it notable for? At the very least by its size :

List of technically complex goods, in respect of which the consumer’s claim for replacement is subject to satisfaction if substantial defects are found in the goods.
Vehicles and their license plates
2. Motorcycles, scooters
3. Snowmobiles
4. Boats, yachts, boat motors
5. Refrigerators and freezers
6. Automatic washing machines
7. Personal computers with basic peripherals
8. Agricultural tractors, motor blocks, motor cultivators

Yes, cell phones, smartphones and communicators are not on this list! (It’s worth replacing that PDAs, like computers, are still recognized as technically complex devices, communicators are not).
Feel free to look for this list and show it to the seller.
Seller : Did you keep the receipt? By the way, and here’s where your one year warranty expires today, sorry, can’t help you.
Open 5 point 18 of the article, according to it the absence of receipt – is not a reason to refuse to return the money, may be quite enough warranty card with the seal of the company, or bill of sale / delivery note, in a pinch you can identify the seller through the court.
Ah, the one-year warranty period, and why do all products break down just a week after it ends? Now let’s show the satisfied seller article 19, paragraph 5.
What do we see? The first time I could not believe my eyes :

In cases where the warranty period stipulated by the contract is less than two years and the defects of the goods are discovered by the consumer after the expiry of the warranty period, but within two years, the consumer is entitled to claim against the seller (manufacturer) under Article 18 of this Law, if he proves that the defects of the goods occurred before their transfer to the consumer or for reasons which occurred before that moment

And is anyone complaining about these laws? He was definitely a phone salesman in a past life.
Seller : Did you change the firmware on your phone? I know you did.
There are a few nuances here, first of all, if you return the old firmware before handing over the phone, it is almost impossible to replace the replacement, and modern devices have their own functionality to update the firmware, which is not a violation of the terms of service.
Seller : What are you saying? Is your phone freezing? Then we’ll just change the firmware, it’s not a repair.
And here is where the seller is wrong, yes, originally thought that a software change is not a repair, making an analogy with computers, and substituting the terms software and firmware. In fact, if the software change fixes the defect, then it is considered a repair, hence you can refuse the repair and collect your money.
This applies to all cases where the defect has been fixed by a firmware downgrade, and in all cases where the manufacturer explicitly does not allow the user to change the firmware. Otherwise different variations are possible, here I have not found even a judicial precedent, so I can’t say anything for sure.
Seller : Okay, leave the phone for examination, let’s see how you are not at fault. Have you dropped the phone in water? No? "What if I find it?"
Not an uncommon case of such a threat, I myself have repeatedly fallen under it. And they haven’t forgotten about us, it’s the same Article 18, point 5:

The consumer has the right to participate in checking the quality of goods.

What else should be noted here? Officially the buyer does not have the right to demand an examination, in front of me they almost sent a man home, citing the lack of such a clause in the law. Yes, they are right to demand for an examination. you can’t. Your right – to demand termination of the contract of sale, according to paragraph 1 of Article 18. And after that the store itself will appoint an expertise, because now its conclusion is the only reason why they can refuse you.
Seller : All right, leave your phone number, we’ll draw up the paperwork and let you know when to come in for an appraisal.
No, that’s not the way it works, we are present at the examination only for the purpose of integrity control, and if the seller gets the phone before… If we get to this point, there is no trust in him anymore.
Your right to take the phone and bring it to the examination yourself, no one is not restricting you in this, you can refer to the implementation of the rights under 5 paragraph 18 of the article.
Seller : Yes, you are correct, the appraisal will be on Tuesday at 10 am at ___, come on over, we will be waiting for you.
What about the work? You are overreacting, the date and time of the examination should be reasonable and agreed upon tentatively By both parties.
Seller : Okay, indeed, it is possible to have an examination not so early, please leave your mailing address, we will let you know the date and time of the examination.
The seller knows very well how our mail works, hubbies also know, and will not give in to provocation. Calmly write in the application your mailing address, with the note "please note that the mail reaches me from two to four weeks, you can always contact me at home or on a cell phone, " specify the phone. This protects you from the excruciating waiting, and you can always point to this note when deadlines are not met.
The deadline is 20 days from the date of application, this is if the examination is necessary, the deadline may be increased only if you still refused the first appointed date, then add another 10 days.
Seller : We appreciate our customers very much, but even the two years you specified will expire in ten days, we may not have time to do the examination.
Actually they "will not have time" if you agree with the seller, they are hiding one little fact from you, the warranty period is extended for the duration of all technical measures, ie you filed even on the last day, if you broke the machine is not you, the money you have to return.
Seller : Please write that you want the money you paid for the product according to the enclosed check
If you were told that, it means that the price of the product went up, it’s a shame, and you didn’t take the phone on credit, did you?
Article 24:

4. In the event of termination of a contract of sale, the consumer is entitled to claim compensation for the difference between the price of the goods set by the contract and the price of the relevant goods at the time of voluntary satisfaction of such claim or, if the claim is not satisfied voluntarily, at the time of the court’s ruling.
5. Consumers to whom the goods were sold on credit, in case of cancellation of the sales contract, the sum of money paid for the goods in the amount of the credit repaid by the day of returning the goods, as well as the credit granting fee, shall be reimbursed.

A few tweaks

More likely to be comments from personal experience.
If the appraisal does not determine the culprit of the defect, often you are still entitled to receive money.
Be sure to Demonstrate the presence of the defect before of the examination, and ask to document its discovery, even if "the phone hangs once every 1-2 hours", you are present at the examination, but suddenly the expert "tightening this screw" "accidentally" repair your phone?, We want to take the money.
If the case comes to court, which is rare with a competent demonstration of knowledge of your rights, there are a lot of subtleties, both in your favor and in favor of the store, the judge is also human, and each process is different.
Wear a tape recorder! What kind of nonsense is that? If the store is aggressive, it’s not stupid at all, promises you the manager will pour water on the phone, bring the case to court, and on your arguments say "slander!". A rare occurrence? As recently as last Friday I experienced it myself. Of course there will be no criminal case, but the judge may be more sympathetic to the store than to you.
It’s worth noting the subtlety, you can use the recorder without the other person’s knowledge only for your own protection. I’m only writing this because I almost fell for it myself.
Important : If the expertise establishes your fault, you will have to pay for the expertise!, You can challenge the decision and conduct another independent expertise, but in the worst case you will pay for both. Before you go to the store, reset all the settings and firmly make sure that there is a defect, and that – the defect is not yours!

Afterword

From here on there are a lot of subtleties, and it will not be enough to just the code to protect our rights as consumers.
Often it is better to overpay a little, but to be sure that you do not have to run to get a refund, often this difference will be quite small compared to the price of the hardware.
I’m not urging hubrappers to bankrupt all stores by turning in old appliances, it’s just that we often pay more, significantly more than in other countries, so let appliances with that markup have the appropriate quality as well.
Have a great shopping experience!
Consumer Protection Code

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