What indemnification it is possible to demand for the rejected footwear?
I have bought expensive suede boots, have put on once, and on one heel the high layer has departed and has hung shreds, and other boot around a sock has appeared inside naked, without fur. Boots all - taki very much are pleasant to me, and to refuse them it would not be desirable, and other pair for replacement in shop is not present - I have taken away last. A leah it is possible to make something in such situation?
In advance thanks. Elena.
you still have still pair of variants. According to Law item 18 “ About protection of the rights of consumers “ besides a refund for the rejected goods or its replacements by a qualitative thing, the buyer at the choice has the right to demand:
gratuitous elimination of lacks, i.e. free repair;
a proportional markdown and return of a part of cost of the goods.
Thus if you do not want to leave boots, that, referring to mentioned item 18, can insist, that the shop has provided free repair - replacement of a heel or its high layer.
- absence of fur inside - it will be possible to correct the Second defect hardly, therefore as indemnification for this lack it is possible to demand a markdown and return of the sum corresponding to gravity of a lack. If the buyer with the seller cannot agree about the size of a markdown the defective thing surrenders for estimated examination in bureau (centre) of commodity examinations.
How to defend the rights if there is no contract?
We want to reserve furniture under the individual project, cost - about 3 thousand c.u. The manager of firm says that at work with private persons they do not conclude the contract - receipts on payment are given the signed drawing, checks and etc. As far as I know if there is no contract and will arise points at issue on quality, terms and etc., we cannot prove anything. How to enter the given situation?
Yours faithfully Elena.
First of all keep in mind: if to you do not give out a paper with the name “ the contract “ it does not mean yet that the firm can slip away from responsibility.
In legal sense the contract is an agreement of the customer with the executor which obliges firm to perform corresponding work - to make furniture for you (item 420 of the Civil code of the Russian Federation). Such agreement can prove to be true both a traditional paper - the contract, and the receipt on order payment, checks and other documents. So legally you will have a contract with firm - the executor and the bases for upholding of the rights.
As to conditions of performance of the order, including terms, characteristics of result of work and so forth they can be fixed in the firm documentation - Rules of work, servicing and etc. to you are obliged to show such rules or other similar document. Refer to Law item 10 “ About protection of the rights of consumers “ which demands to give to the customer the information on conditions of performance of work, and also item 28 - “ Terms of performance of works “.
Pay attention: Even if terms and quality of performance of the order are not stipulated in the documentation they will be defined by the general rules established by the Civil code.
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