The nobility is time to consumers how to defend the rights
On the eve of the World day of protection of the rights of consumers in a press - the centre “ “ has passed “ a direct line “. Nadezhda Fedorovna KARAVAEVA has responded To questions of our readers the chief of department of protection of the rights of consumers of management of Rospotrebnadzora across the Kemerovo region.
Have seen deceptive price lists - go to the manager
- My name is Alexander. How itself to conduct, if on cash desk has found out, what the sum of the check for purchase more than specified in the price list? A leah it is necessary as - that to fix?
- Unfortunately, it is now very widespread situation in our shops, especially in supermarkets. If on the price list there is a sum more low, specified in the check, it is infringement of the rights of consumers and sale rules. After all, as a matter of fact, in that case unreliable information is given to the buyer. Be necessarily converted to the manager of a trading floor, find out, why the prices differ. If the question of compensation to you of a difference in the price does not dare, you can be converted to us into management Rospotrebnadzora with the statement to which it is necessary to put the cash voucher certifying the fact of purchase. We will carry out actions for control, and if we will reveal, infringement of requirements of the legislation, the official of trade enterprise will be involved in administrative responsibility in the form of the penalty.
- My name is Elena, the city of Novokuznetsk. More than once in the same shop bought in the evening after work milk, and it appeared at home that it sour. How to arrive in such situation?
- Milk - skoroportjashchy the goods, and its storage should be carried out in the conditions providing safety of its quality. After the working life specified on packing, sale of milk, dairy products is forbidden.
In the present state of affairs it is necessary to be converted to the manager (head) of shop. If you face often this question, be converted with the written statement into territorial department of management of Rospotrebnadzora in Novokuznetsk. On its basis it will be possible to inspect the given shop. If infringements of sanitary rules come to light: Sale of the goods with the expired working life, inadequate production storages, - that official of the enterprise will bear responsibility according to KoAP of the Russian Federation. A leah
It is necessary to save checks?
- Hello, Nadezhda Fedorovna. It you is disturbed kemerovchanka, my name is by Albina. At me here what question. I have bought to the son in one known shop the gift certificate for one thousand roubles in the end of February. Soon it has gone to shop that something on it to buy, and there to it have told that money for this card is not present that it is activated in December, 2008. My misfortune that I have not saved the check …
- Certainly in case get the gift certificate, is better to make secure and save the check until you will not use this certificate. Try to be converted to the businessman with the written claim. If it will not be possible to solve a question, be converted to us into management of Rospotrebnadzora across the Kemerovo region.
- Hallo, it is Margarita Viktorovna Akulenko. Has bought recently a purse and at once has not noticed that in it one of pockets is torn, the trifle falls out. Has found out it only houses. In shop to change it refuse.
- Now it is difficult to prove, have sold to you a purse in such kind or damage has arisen at operation.
- Sellers refer that I do not have check available.
- the Check in this case is not obligatory. The law of the Russian Federation “ About protection of the rights of consumers “ stipulates possibility to exchange the goods and without check presence, there is enough the testimony confirming that the goods are got in the given shop. I recommend to be converted to experts, they can prove fault of the seller (manufacturer).
Making purchases, just in case nevertheless not vykidyvvajte checks.
According to Law item 18 “ About protection of the rights of consumers “ at occurrence of dispute on the reasons of lacks of the goods the seller is obliged to make goods examination at own expense. The consumer has the right to be present at examination carrying out, to challenge the judgement in a judicial order. If it is established that lacks have arisen because of the consumer he is obliged to refund to the seller expenses on examination carrying out.
the Additional guarantee can begin only after the usual!
is Marina from Kemerovo. A leah has the right to impose shop additional warranty service on the bought technics for an additional payment? A leah will operate a usual guarantee if the buyer disagrees on such value added service?
- it is valid, it is now frequent shops where technically difficult goods of a household purpose are on sale, offer certificates on additional service. To impose value added services are an infringement of the rights of consumers. To accept such offer or to refuse it, the consumer solves voluntary. The law forbids to cause acquisition of one goods, obligatory acquisition of other goods or services. If the seller does not accept refusal of the consumer of additional service it is infringement of item 16 of the Law “ About protection of the rights of the consumer “ for what the firm bears responsibility according to the Code about administrative infringements. Agreeing on the similar offer, consider that if the manufacturer on any home appliances has defined a warranty period, we will admit for three years, and the shop offers additional warranty service these terms should not be imposed against each other. The additional service guarantee offered by shop, will start to operate only after the warranty period defined by the manufacturer will end.
- And with whom to demand such guarantee repair if in two years this shop will close, and we have paid for that the warranty period has lasted till three years?
- If the shop is closed and there is no assignee at this enterprise as more often and happens, means, to demand additional guarantee repair any more from whom, hence, it is necessary to approach to acquisition of the certificate of additional service vzveshenno.
Who will pay for transportation?
is Evgenie Alekseevich. In February have bought the new refrigerator, and it has appeared at home that the freezing chamber does not work. The shop is ready to return for it money but only after we there will bring him. Unless we are obliged it to do? A leah has the right to demand we that the shop has paid to us transportation and services of loaders if to us have to use they?
- Law Article 18 “ About protection of the rights of consumers “ establishes a duty of the seller to carry out delivery of the large-sized goods in weight over five kgs for a markdown, replacement or repair. At the same time, to accelerate the repair or replacement beginning, the buyer can deliver the goods at own expense, but thus the seller is obliged to refund to the consumer all expenses connected with its return. A duty of the seller - to refund expenses on goods delivery - arises only in case of sale of the goods with lacks.
the New fur coat has warped … from snow
- Hello, my name is Valentine Matveevna, I from Kemerovo. Has bought a fur coat. In ice I in it have fallen in the street, and it from snow has become wet, and after that was deformed. I think that the fur coat was poor-quality. To me can return for it money?
- Here there can be two variants. Probably, the manufacturer used poor-quality fur, and, maybe, lacks have appeared as a result of falling. In the present state of affairs without carrying out of examination the question will hardly be resolved. Only examination can show, a leah is here fault of the manufacturer, so, and the seller who realised to you the poor-quality goods. The seller equally with the manufacturer is responsible for quality of the goods. Examination of fur products spend in bureau of commodity examinations, trading - industrial chamber. On carrying out of examinations of fur products specialise in Russian state trading - economic university on stand tovarovedenija and examinations neprodovolstvennyh. Experts draw the conclusion, being guided with which, the seller makes the decision on satisfaction of the requirements shown by the consumer. To begin with nevertheless I recommend to be converted to the seller, maybe, it will agree with your position and will return you money without examination.
- Hallo, it is Alexander Vasilevna disturbs from Kemerovo. I in May have still reserved a plastic window, and it till now and have not established. And now this firm “ window Institute “ It was closed.
- you should be converted into tax service in the location of this firm that is if the firm was in Kemerovo, be converted into tax inspection on the city of Kemerovo. Learn there, a leah costs on the tax account this firm. To you will give an extract from the Register of check in of legal bodies or individual businessmen with the address on which the firm is registered. And be then converted into court. The address is necessary that the court could call the representative of firm for consideration of claim requirements.
How to be if repair was tightened?
- Hallo, we have handed over phone on repair. To us have told that repair will last 45 days. This term has already passed, and phone till now have not repaired, say that have sent it on repair to Moscow, and it therefrom has not come yet. What to do?
- you could show and other requirements: The exchange or cancellation of the contract of purchase and sale, but you as I understand, have agreed on repair.
- Guarantee repair can last no more than 45 days. Time your requirement (to repair phone) is not executed in time, now you can show another. In written form submit the claim to the seller in duplicate about cancellation of the contract of purchase and sale and returning to you of money because the term of repair provided by the law " is broken; About protection of the rights of consumers “.
- Hallo, my name is Nina Vladimirovna. I have bought a food processor, and it has appeared with factory marriage, I already handed over it in service on repair twice. It should repair till March, 9th, and I cannot receive it till now. What to me to do?
- Having found out in the bought goods lacks, the consumer has the right to be converted to the seller with one of requirements: Either to replace the goods, or to repair it, or to reduce by it the price, or at all to terminate the contract of purchase and sale and to return the money spent for purchase. Any of requirements should be informed in the claim which it is necessary to write in duplicate. But you as I understand, have agreed at once on repair …
- We made a claim, but they it did not take from us and at once have sent a combine in service on repair.
- They have incorrectly arrived. The seller cannot dictate to you what from variants to choose: replacement, repair, reduction of the price or return. This right of the consumer to choose any of variants. In the service centre if you disagree on repair, they could direct a combine only to define the breakage reason. Be now converted to the seller with the claim. Describe in it a situation that you have agreed on repair, and now do not see to it the end, and the goods to you do not return what to use the bought goods you cannot. Write that your rights provided by item 18 of the Law " are broken; About protection of the rights of consumers “. Demand to terminate the contract of purchase and sale and to return money, and also to give the written answer to the statement in 10 - dnevnyj term. In the end specify that in case of default of your requirements, will be urged to be converted into court.
- And now I can be converted into court?
- From the point of view of the law, can. But it is more logical to notify the seller on an event before being converted into judicial bodies. Quite probably that your requirement will be satisfied, and all will be resolved in a pre-judicial order. In case the seller of your requirements will not execute, the reference to the court will be following step.
What to do if the refrigerator began to hoot loudly
- Has bought two months ago the refrigerator. At first it suited me with all, and now it seems to me that it became is more noisy to work. A leah I can return or exchange it?
- In - the first, check up, a leah the refrigerator is correctly established, for this purpose glance in the instruction. If with it that`s OK, it is possible to examine, which will define, a leah corresponds noise level to admissible norms.
- And where for this purpose to be converted and for whose bill examination is spent?
- Be converted in writing to us, in management of Rospotrebnadzora across the Kemerovo region with the request to check up, a leah exceeds noise admissible specifications. Your statement will be considered within 30 days, experts will make noise level gauging. Within the limits of reference consideration such research becomes on a gratuitous basis. It is necessary to notice that under such complaints we understood repeatedly, and only in one case noise exceeded admissible norms, and in the others as it has appeared, the refrigerator has been simply incorrectly established.
Have spent 34 thousand, and the engine is not got …
- Hallo. She is Svetlana from Kemerovo. My parents live in Tisule. They have bought in Mariinsk for 34 thousand roubles the motor-block with the American engine. It, seemingly, is not intended for our Siberian conditions, because on a cold simply is not got. How now to be?
- Motor-blocks concern a category of technically difficult goods which list is confirmed by the Government of the Russian Federation. Cars, motorcycles also are included in this list, the motor-technician, snowmobiles, boats, yachts, refrigerators and deep-freezers, automatic washing machines, personal computers, tractors, motor-blocks, motor-cultivators. Before to buy technically difficult expensive goods, I advise at first to familiarise with the instruction to it. In it should be written, at what temperature this equipment because the rather technically difficult goods cancellation of the contract of purchase and sale can occur only in following cases can be used. In - the first, within 15 days from the date of purchase if any lacks - even insignificant breakage or a scratch are found out. And after 15 days the consumer has the right to make these demands only in the presence of an essential lack, that is such which repeats repeatedly or cannot be eliminated, or on its elimination trebujutsja considerable expenses.
Or at infringement of terms of elimination of these lacks. And also in case of impossibility to use the goods more than 30 days within each year of a warranty period from - for numerous elimination of lacks. But if at goods sale the incomplete information on the goods as happens in your situation (you the seller has been given has not informed on goods technical characteristics) the buyer also has the right to demand return of the money resources paid for the goods. Law item 12 “ About protection of the rights of consumers “ says that the seller is obliged to give to the consumer full and trustworthy information about the goods. I advise to be converted into shop with the written claim. In it describe that at the conclusion of the contract of purchase and sale the information on features of work of the given goods has not been given you, and on this basis demand return of the paid sum of money.
- And what to me to do, if the shop refuses to return for it money?
- Be converted to the world judge, it considers claim requirements in the sum to 50 thousand roubles.
- In that city where have made purchase?
- the Buyer can be converted into court in a place of the residence, in the enterprise location, in a place of registration of the businessman.
- During what term under the law should return money or exchange the goods of inadequate quality?
- These terms are established by the Law “ About protection of the rights of consumers “: 10 days for satisfaction of the requirement of the consumer about refusal of the contract and a refund, 7 days - for goods replacement, however this term can be increased in the event that it is required to examine - goods quality check, till 20 days. Term is estimated from the moment of a presentation of the written claim.