December 25, 2009 at 00:23The story of how I returned a broken laptop to the store
Having read interesting posts about the fact that you can teach computer and the Internet to almost anyone, I decided to please my parents in their old age by buying them a small netbook (there is an opportunity to spend inexpensive unlimited Internet home). Because Both father and mother did not have much experience with the computer before, didn’t even get used to Windows \ DOS, decided to take a netbook with Linux in order to protect against viruses. Climbing on Yandex.market, I decided to take one of the most inexpensive models - MSI Wind U100X-252RU. Ordered on the msimobile website .
On Friday morning, the courier delivered a netbook. He opened it, showed that everything was OK, I signed and gave the money. In a good mood from fast delivery, brought home and put on a shelf. I got hung up and generally forgot about the laptop for a while.
On Monday evening, I decided to set up the laptop a little. It turned out that it was not some Ubunt, but Suse Linux Enterprise Desktop (there was no mention of which Linux it was). Surprised, but decided to figure it out. While messing around with the settings, I noticed that somehow it was heating up too much. Well, okay, I didn’t pay much attention. After a long setup, I decided to boot from bootable flash Mandriva 2010, and accidentally clicked on “Check RAM” (using the well-known Memtest86 +). After a while, the laptop turned off spontaneously. I started again, the result is the same, turned off even faster (less than 5 minutes). In the end, I found out that:
a) The intervals between reboots / shutdowns are reduced with each subsequent start
b) Reboots / shutdowns occur only when running resource-intensive applications. If you just turn on the laptop and put it to stand, then it will remain working without problems.
The next day, I called the store where I bought a laptop, described the problem. They told me this, they say, bring it to the Service Center, there they will give you a conclusion about the breakdown, and then to us, we will replace it with a new one or give the money back. I called the SC (specifically, then at Serso), they also told me that because 15 days have not passed yet, sort it out yourself with the seller, we supposedly only fix it here. I thought about it, decided to read the Law “On Protection of Consumer Rights”, and even some posts remained here on Habré, on Habré, about this law and similar cases (in particular, about the ION store, recently there were records about Rick Computers). I realized that you need to contact the seller directly with a claim. I called the store again, again, on a standard excuse about SC, I recalled ZOZPP, immediately switched to a lawyer. Having discussed the situation in sufficient detail with her,
He made a complaint, described the shortcomings, indicated that I refuse any repair, I demand that any checks of the laptop be carried out in my presence, I ask to replace the laptop for a similar one or give money if replacement is not possible (although many argue that there should be one and only claim in the claim one, but more on that later). I took a laptop, a claim in two copies, a copy of the invoice \ check \ warranty card and came to the office of the online store. I gave the complaint to the lawyer, everything seems to be OK, and as if in the end she says, they say, you must give the goods for quality control, it will be in the SC, though they are not allowed to go there. I’ve got it, I say, according to clause 5, article 18 of the ЗОЗПП I have every right to be present at any checks. Then another man joined the discussion (as I later realized, he occupies one of the leading positions in this store), and began to communicate with me by no means in the most polite way, but rather a little rude. Well, I think I’ll have to bring two witnesses with me, because they refuse to accept the claim. Nevertheless, in the end I added to the end of the claim that they say I refuse to transfer the goods to the seller, and in case of any checks I will deliver the goods to the place of their conduct. With such an appendix, the claim was accepted, and I left.
Honestly, by this time I had already lost a lot of time, and I was nervous about order. Therefore, I decided to call this store again and try to solve everything peacefully and quickly. I talked once again with a lawyer, agreed that she would send me a form for the acceptance of goods for quality control, I would fill it in at home and bring it with the laptop. However, this act contained very interesting lines:
What is the trick here. Firstly, I hand over the goods for quality control, however, the text explicitly refers to the examination (I will explain that the examination is appointed only after the quality check, and only in the case of a dispute about the causes of product defects). Further, even assuming that the seller inadvertently confused these terms, I would still have to give the money for storage, delivery and the examination itself, although the consumer does not pay anything for the quality check in any case (it pays for the examination if the fault occurred due to fault the consumer himself). Obviously, this made me very alert. They told me on the phone that nothing can be corrected, they say that each institution has its own regulatory documents and there is nothing to fix something here.
Called the Consumer Rights Protection Societyoutlined the situation. They advised me to write a statement that I will give the goods only with the preparation of the relevant act of acceptance of the goods for quality control (to make in duplicate, both for signature, one to keep at home - in general, everything is as with a claim).
A registered letter came from the store. Its essence was that since I myself refused to hand over the goods for quality control, they will not be able to replace them with similar goods. And in order to return the money they need to conduct a quality control, so they ask me again to bring the goods for quality control. Like this.
He corrected the text of the act (in fact, replaced “examination” with “quality control”), described in detail the product’s defects, completeness, and wrote that there were no cracks, scratches, chips, signs of unauthorized access. Naturally, I did not accept such an act - they say, sign ours or blow it yourself in the SC. Deciding that nerves and time are more important, he spat, and decided to sign - he had almost reconciled himself to the fact that in the end I would repair in the usual manner in the SC. At the same time, I listened to a lecture by the chief on the limits of the province (I myself do not come from Moscow), though here he at least did not mean me, but our provincial sellers - like there are all suckers, and here in Moscow we are all in white, and not It’s worth not trusting us. Surrendered and left.
December 18, called back to the store, asked if there would be a quality check, when and where, I want to attend. They asked if it was convenient on Tuesday, from 10 to 12, in Cerso. I said that I would come.
I arrived. I'm sitting, waiting for the representative of the store with a laptop. After 20 minutes he could not stand it and asked an employee of Serso, but was he aware of the upcoming quality control. It turns out, yes, they brought the laptop yesterday, the store employees themselves will not be. Found a laptop and invited me to a quality check. He took me to a technician, gave him a laptop and put me next. By the way, instead of my detailed description of the problem, in the form of Serso there was a meager “suddenly turns off. reboots after 15 minutes. " And at first the technician just wanted to turn it on and wait stupidly for 15 minutes, after which, of course, the goods would be recognized as goods of good quality. I explained everything to him in detail, he launched a memory test and, as expected, after 10 minutes the laptop turned off. According to the technician, most likely the motherboard (oh yes, the praised MSI motherboards;)), and I already wanted to send the goods for repair! I pulled him in time and explained to him that I only need a certificate that the goods are of inadequate quality. As a result, a diagnostic report was written, in which it was stated that the claimed defects were confirmed, they could not be caused by the consumer, and that the client refused the warranty repair.
By the way, I was amazed at the number of repaired MSI laptops in the SC (and MSI Wind in particular). In the region of a quarter or a third of the total, in my opinion.
I called the store again, talked about the check, they appointed me a date and time to collect the money. He arrived, took the money, though, as usual, not without boorish jokes of the chief.
As a result, it took more than two weeks. Honestly, almost to the last I thought that in the end I would have to decide everything through the court, although I did not need it at all (very little free time to spend five thousand rubles for unfortunate compensation for moral damage). It also turned out that it was better to play it safe: for example, if I hadn’t written two requirements instead of one, most likely I would have been refused a replacement product, if I hadn’t indicated the terms for the replacement / refund, everything would have dragged on and my 15 days would have gone far , or if I didn’t go for a check to the SC, then by default we would record the goods for repair, and then sue ...
In short:
- spent a lot of time
- all these trips are by no means good for your health and nervous calm
+ studied the Law “On the Protection of Consumer Rights” quite well
+ defended his rights to refund the money paid for low-quality goods
+ any experience is useful
By the way, now I think to parents to buy a good blender instead of a netbook :)
PS If the Habrovsk citizens find this post useful and help with karma, I’ll transfer it to the “Consumer Protection” blog.
Thanks for the karma, transferred to the thematic blog.
December 4th Purchase
On Friday morning, the courier delivered a netbook. He opened it, showed that everything was OK, I signed and gave the money. In a good mood from fast delivery, brought home and put on a shelf. I got hung up and generally forgot about the laptop for a while.
December 7th. The netbook is defective.
On Monday evening, I decided to set up the laptop a little. It turned out that it was not some Ubunt, but Suse Linux Enterprise Desktop (there was no mention of which Linux it was). Surprised, but decided to figure it out. While messing around with the settings, I noticed that somehow it was heating up too much. Well, okay, I didn’t pay much attention. After a long setup, I decided to boot from bootable flash Mandriva 2010, and accidentally clicked on “Check RAM” (using the well-known Memtest86 +). After a while, the laptop turned off spontaneously. I started again, the result is the same, turned off even faster (less than 5 minutes). In the end, I found out that:
a) The intervals between reboots / shutdowns are reduced with each subsequent start
b) Reboots / shutdowns occur only when running resource-intensive applications. If you just turn on the laptop and put it to stand, then it will remain working without problems.
The next day, I called the store where I bought a laptop, described the problem. They told me this, they say, bring it to the Service Center, there they will give you a conclusion about the breakdown, and then to us, we will replace it with a new one or give the money back. I called the SC (specifically, then at Serso), they also told me that because 15 days have not passed yet, sort it out yourself with the seller, we supposedly only fix it here. I thought about it, decided to read the Law “On Protection of Consumer Rights”, and even some posts remained here on Habré, on Habré, about this law and similar cases (in particular, about the ION store, recently there were records about Rick Computers). I realized that you need to contact the seller directly with a claim. I called the store again, again, on a standard excuse about SC, I recalled ZOZPP, immediately switched to a lawyer. Having discussed the situation in sufficient detail with her,
9th December. Handing over a claim
He made a complaint, described the shortcomings, indicated that I refuse any repair, I demand that any checks of the laptop be carried out in my presence, I ask to replace the laptop for a similar one or give money if replacement is not possible (although many argue that there should be one and only claim in the claim one, but more on that later). I took a laptop, a claim in two copies, a copy of the invoice \ check \ warranty card and came to the office of the online store. I gave the complaint to the lawyer, everything seems to be OK, and as if in the end she says, they say, you must give the goods for quality control, it will be in the SC, though they are not allowed to go there. I’ve got it, I say, according to clause 5, article 18 of the ЗОЗПП I have every right to be present at any checks. Then another man joined the discussion (as I later realized, he occupies one of the leading positions in this store), and began to communicate with me by no means in the most polite way, but rather a little rude. Well, I think I’ll have to bring two witnesses with me, because they refuse to accept the claim. Nevertheless, in the end I added to the end of the claim that they say I refuse to transfer the goods to the seller, and in case of any checks I will deliver the goods to the place of their conduct. With such an appendix, the claim was accepted, and I left.
Honestly, by this time I had already lost a lot of time, and I was nervous about order. Therefore, I decided to call this store again and try to solve everything peacefully and quickly. I talked once again with a lawyer, agreed that she would send me a form for the acceptance of goods for quality control, I would fill it in at home and bring it with the laptop. However, this act contained very interesting lines:
ATTENTION TO THE CLIENT !!!
The handed over equipment is examined in an authorized service center in accordance with clause 5 of Article 18 of the Law “On Protection of Consumer Rights”.
If as a result of the examination of the goods it is established that the equipment handed over is of good quality or its defects arise as a result of circumstances for which the seller (manufacturer) is not responsible, then the consumer is obliged to reimburse the seller for the costs of the examination, as well as the costs of storage and transportation of equipment.
The cost of storage and delivery of equipment to an authorized
service center and vice versa .......................................... 1000 (One thousand) rubles 00 kopecks
Cost of examination ............................................... ……………………… ..1500 (One thousand five hundred) rubles 00 kopecks.
In case of refusal to reimburse the above costs, the customer’s equipment is held until payment. The delivery of equipment does not mean the transfer of ownership from the client to the seller.
Familiar with the conditions for the acceptance of equipment.
I agree to reimburse the above costs.
What is the trick here. Firstly, I hand over the goods for quality control, however, the text explicitly refers to the examination (I will explain that the examination is appointed only after the quality check, and only in the case of a dispute about the causes of product defects). Further, even assuming that the seller inadvertently confused these terms, I would still have to give the money for storage, delivery and the examination itself, although the consumer does not pay anything for the quality check in any case (it pays for the examination if the fault occurred due to fault the consumer himself). Obviously, this made me very alert. They told me on the phone that nothing can be corrected, they say that each institution has its own regulatory documents and there is nothing to fix something here.
Called the Consumer Rights Protection Societyoutlined the situation. They advised me to write a statement that I will give the goods only with the preparation of the relevant act of acceptance of the goods for quality control (to make in duplicate, both for signature, one to keep at home - in general, everything is as with a claim).
December 15th. The official response of the store.
A registered letter came from the store. Its essence was that since I myself refused to hand over the goods for quality control, they will not be able to replace them with similar goods. And in order to return the money they need to conduct a quality control, so they ask me again to bring the goods for quality control. Like this.
December 16th. Handing over the laptop for verification.
He corrected the text of the act (in fact, replaced “examination” with “quality control”), described in detail the product’s defects, completeness, and wrote that there were no cracks, scratches, chips, signs of unauthorized access. Naturally, I did not accept such an act - they say, sign ours or blow it yourself in the SC. Deciding that nerves and time are more important, he spat, and decided to sign - he had almost reconciled himself to the fact that in the end I would repair in the usual manner in the SC. At the same time, I listened to a lecture by the chief on the limits of the province (I myself do not come from Moscow), though here he at least did not mean me, but our provincial sellers - like there are all suckers, and here in Moscow we are all in white, and not It’s worth not trusting us. Surrendered and left.
December 18, called back to the store, asked if there would be a quality check, when and where, I want to attend. They asked if it was convenient on Tuesday, from 10 to 12, in Cerso. I said that I would come.
December 22nd. Quality control in SC Serso.
I arrived. I'm sitting, waiting for the representative of the store with a laptop. After 20 minutes he could not stand it and asked an employee of Serso, but was he aware of the upcoming quality control. It turns out, yes, they brought the laptop yesterday, the store employees themselves will not be. Found a laptop and invited me to a quality check. He took me to a technician, gave him a laptop and put me next. By the way, instead of my detailed description of the problem, in the form of Serso there was a meager “suddenly turns off. reboots after 15 minutes. " And at first the technician just wanted to turn it on and wait stupidly for 15 minutes, after which, of course, the goods would be recognized as goods of good quality. I explained everything to him in detail, he launched a memory test and, as expected, after 10 minutes the laptop turned off. According to the technician, most likely the motherboard (oh yes, the praised MSI motherboards;)), and I already wanted to send the goods for repair! I pulled him in time and explained to him that I only need a certificate that the goods are of inadequate quality. As a result, a diagnostic report was written, in which it was stated that the claimed defects were confirmed, they could not be caused by the consumer, and that the client refused the warranty repair.
By the way, I was amazed at the number of repaired MSI laptops in the SC (and MSI Wind in particular). In the region of a quarter or a third of the total, in my opinion.
December 23rd. Refund.
I called the store again, talked about the check, they appointed me a date and time to collect the money. He arrived, took the money, though, as usual, not without boorish jokes of the chief.
Conclusions.
As a result, it took more than two weeks. Honestly, almost to the last I thought that in the end I would have to decide everything through the court, although I did not need it at all (very little free time to spend five thousand rubles for unfortunate compensation for moral damage). It also turned out that it was better to play it safe: for example, if I hadn’t written two requirements instead of one, most likely I would have been refused a replacement product, if I hadn’t indicated the terms for the replacement / refund, everything would have dragged on and my 15 days would have gone far , or if I didn’t go for a check to the SC, then by default we would record the goods for repair, and then sue ...
In short:
- spent a lot of time
- all these trips are by no means good for your health and nervous calm
+ studied the Law “On the Protection of Consumer Rights” quite well
+ defended his rights to refund the money paid for low-quality goods
+ any experience is useful
By the way, now I think to parents to buy a good blender instead of a netbook :)
Useful links.
- Consumer Rights Protection Society website and its forum .
- Actually, the text of the Law on Consumer Rights Protection itself
- Actions when a product is found to be deficient
- How to hand over goods with a deficiency for inspection and examination
Thanks for the karma, transferred to the thematic blog.