How not to be deceived by evil Pinocchio


    How many times have they repeated to the world that
    flattery is vile, harmful; but just not for the future,
    And in the heart the flatterer will always find a corner.
    "Crow and the Fox" (1807) I. A. Krylov
    1807, think about it! 1807, 200 years ago! F

    Small instructions on material relationships.


    For all offended by opsosami, banks, service centers and other evil pinocchio.

    To prevent disaster (preventive measures)

    1. What is not on paper is not in nature. This is how legal entities work, and if you want your wishes to be fulfilled, and you get what you want, there is one and only one way - paper, and this way is the only one. No assurances from specialists, commentators, cashiers, installers, call centers are real. What is indicated on paper, then you can then claim. All agreements are only in duplicate with the signatures of both parties on each. Still ideally, it is necessary that on each contract there should be at least a couple of lines written by hand by each side, in a controversial case it will greatly help with the examination of the authenticity of the signature.

    2. We read correctly.We develop the habit of reading any documents in order of increasing size. It works very well. Find the smallest font, read it, then larger, and only after reading all the footnotes, asterisks, the reverse sides of the documents and the inside of the envelopes (yes, it even happens on the inside of the envelope) do you read the main text. The impression of the company is formed immediately.

    3. We refuse the help of any consultants! The contract is read by you and only you, there should not be any hints or explanations from the employees. As soon as a question arises, the company will interpret everything in its direction. Assistants only knock you down and make it difficult to find out all the nuances.

    4. We sign only by reading the document twice.Yes, yes, this is a long time, people who stand in line, cashiers, in extradition stores will hate you, people will become stiff from the fact that you read all the warranty conditions twice. This is your money - this is their work, if you do not want to respect your rights and fight for them, then just contact me by mail, I will give you an account, you will transfer money you do not need. What do not want to send? Then think before you give them away, a signature without reading it is even worse than simply giving the available money.

    5. Read the laws. At a minimum, the Law on the Protection of Consumer Rights (ЗОЗПП), the Rules for the sale of certain types of goods and the Constitution. It would be nice to read the Civil Code (CC). I don’t put links to anyone who needs to find it myself.

    Summary:
    A consultant, a cashier, an operator, an operator is the meat that brings the goods and writes the check (forgive me these respected people, your endless nerves and hellish work). Any advertising leaflets are nonsense, we read only the full terms and conditions of promotions, tariffs and other things. The concept of faith does not exist, which is not fixed on paper.

    If you are offended (reactive measures)

    0. NEW Law above contract. If the contract indicates conditions that are contrary to law, such conditions are invalid. The contract itself continues to be valid, with the exception of specific points that are contrary to law.

    1. Reread all contracts, carefully re-read. Also find articles in the Civil Code in your subject area, look for other federal laws regarding the topic of your contract. We carefully study them and only after that we begin to demand something.

    2. You are calm. The absolute. Unshakable. An even voice, direct posture, even if you are already a homeless person (housing, for example, is taken away, evicted).

    3. You are extremely polite and neat. It just destroys the person who is trying to put pressure on you.

    4. You demand that, and only that which you formally owe. None: “But the girl told me ...” This simply does not exist. The contract number is such and such, from such a number the signatures of such and such clause number 5.2.3.4 reads: “The Contractor undertakes ....” Only in any other way.

    5. Links to laws, with numbers of articles and paragraphs. When you demand fulfillment of obligations, mentioning the source of these obligations greatly helps.

    6. Only written communication.The consultant is not to blame, no need to run into him, he still will not do anything. Your active actions are registered letters with delivery confirmation addressed to the director or individual entrepreneur, who are currently a wagon and a small trolley. You can also give the secretary, for example, an application addressed to the director, but in this case, be sure to take a copy, and take one for yourself, having requested the secretary's signature, date and the entry “Accepted for consideration”. UPD Still it is necessary to put a seal on the copy. Otherwise, it will be much more difficult to prove that the right organization accepted the claim.

    7. The source of law is the law.You refer in the requirements not to articles, neither to this nor to others, but to the letter of the law. What is indicated here is intentionally indicated without reference to the documents, because you must read the laws governing your relations yourself.

    8. The order of communication. First, verbally in the store, often the problem is solved quickly and simply if you show knowledge of the law and your rights. Then a written correspondence with the store, if that didn’t help, then you can contact RosPotrebNadzor or the prosecutor and then go to court. Having written pre-trial correspondence will greatly help in court. In practice, I personally never went to write a claim, although there are friends who had to sue.

    9. I don’t know anything, I don’t return anything, I don’t sign any documents.If the store or bank does not want to do anything at all, then you need to fix your date of appeal, for this two witnesses are enough. Otherwise, the date of appeal will be the date you sent the letter of claim. If you have, for example, the last day of the warranty, then it’s better to write a letter right away, otherwise they will stumble in the store and then it will be difficult to prove that the failure occurred even during the warranty period.

    A few little hints

    1. Warranty is provided by seller. No left Service Centers (SC). This is your hemorrhoids as you wish. The guarantee in the Russian Federation is carried out by the seller. Broken Come to the store and say: "broken." You either immediately change the goods, or immediately eliminate the defect, or return the money, or take away for examination, but at the same time immediately give an analog for the entire repair period. Naturally, they will not want to do this, but they will have to force it. SC may be needed if the seller no longer exists, in other cases all responsibility is on the seller, and it is easier to put pressure on him.

    2. We carefully check the goods.A friend bought a netbook yesterday. I came to the store, asked to get a netbook, at first they didn’t want to, but he forced it. He took it on, demanded a word document (there is an office demo, you need to check it out), worked, sealed it, asked for music, listened to the speakers, demanded to bring a chair to check if it was realistic to read while sitting and if the screen opening angle was enough. I checked the screen for broken pixels. You must provide full information about the product, and you have the right to demand this, you just need to be more persistent, but at the same time remain polite and unshakable. In Sunrise, at one time viewing the monitor before buying was paid, but a little perseverance and it is free.

    3. A reimbursable transaction arises only by order.Civil Code, Article 779. Contract for the provision of services. Clause 1: “Under the contract for the provision of services, the contractor undertakes to provide the services (to perform certain actions or carry out certain activities) on the instructions of the customer , and the customer undertakes to pay for these services.” There is no written contract indicating the price and your desire to pay for this service with your signature , there can be no payment, for this is not classified as a paid service. All changing operator contracts and other nonsense with add. services is illegal babble.

    4. The instruction in Russian should be. Selling goods without instructions in Russian is illegal. If you did not like the product, then in order to return it, you can rely on the lack of instructions.

    5. Storage agreement.Any cell in the store, any left-luggage office, if you are given a number, or a key with a number is fully responsible for your things. The transfer of the license plate is treated as the conclusion of a storage agreement with the owner of the cell with all the consequences. Also, no one has the right to force you to conclude a storage agreement, which means that nobody can oblige you to put things in a locker, just as they can’t let them into a store either.

    6. The store must, at your request, sell the goods at the price indicated on the price tag. Nobody cares that the price has changed in their database, or the price tags have forgotten, or vice versa they used to put up. There is a price tag - they are obliged to sell it at that price. This is called a public offer.

    Some real stories that happened to me

    1. Batteries for the player.I bought 2 batteries in a large chain of stores. I threw the check. The batteries broke on the second day. I went and found a point where such batteries are in one copy, I bought one more, went home, opened it, put the broken ones in there, came to the store with a straight face: “They don’t work” All kinds of excuses like there is no manager, there is no replacement, and in general we do not change the batteries. My answers: if the seller is authorized to conclude a contract of sale, then I must also terminate it with him. If there is no replacement, return the money immediately. Loudly and aloud, blocking the operation of the point, I read out the list of technically complex goods that are not subject to return (there is a link to it in the rules for the sale of certain types of goods) and there are no batteries there, therefore they are obliged to return. We won’t return anything to this simply complete freezing, go from here.

    2. CD. I bought a licensed CD, and he, seeing just installed Daimon Tools, cursed and did not start. The store showed me that everything works on their computer. I took out a laptop from my backpack and demonstrated that it did not work. The seller indicated that I have a daimon tulza. On the offer to present me a document in which the incompatibility of the game and the daimon tulza will be indicated, the seller hesitated, but did not want to return anything. Here again, blocking the flow of customers helped, because when I heard a conversation in which I clearly indicated a violation of the rules of trade and the license agreement, people simply folded disks and turned around.

    3. MTS Hooter. It was already published and detailed by me here ( archive ) UPD 08/23/2019Saved in the web archive .

    4. I was evicted.I live alone in the city, there are no relatives for the next 1200km. First, the hostess asked for a prepayment of 3 months. due to financial difficulties, and then decided to evict. One day, right before the session, I became a bum. The locks were on my doors, there were no keys from the hostess. He sharply indicated to her a refund, to which she said that she would return it only after the sale of the apartment. Well, when you return, then you will receive the keys. Do not lose heart and do not bend. The contract indicates the obligation to notify 15 days of eviction. A call to friends with an agreement to spend the night if they suddenly press. A printer, double-sided tape, 1200 announcements, a day of sticking up, on the second day I already had a new apartment, a day of moving with the same friends and a month and a half the hostess did not receive the keys and I did not get the money. But the money returned to me.

    Fight for your rights, fight. Destroy the illegal attitude and the only way we will come to the rule of law.

    And lastly: Read seven times - sign once!

    PS We forward errors and inaccuracies to habrahpost, I will be grateful. For those wishing to contact, but unregistered on the hub, the contact information is indicated in the profile.

    UPD: Added paragraph 0 to reactive measures on the rule of law over the treaty.

    UPD2: Checks
    Art. 18, clause 5 of the ЗОЗПП:
    The consumer does not have a cash or receipt receipt or other document certifying the fact and conditions of purchase of the goods, is not a basis for refusing to satisfy his requirements.
    Article 16, paragraph 1 of the ЗОЗПП:
    The terms of the contract that infringe the consumer’s rights in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of consumer protection are recognized as invalid.

    UPD3: Seal Paragraph 6 of the reactive measures adds the need to require a seal to prove that the claim has been accepted by the right organization. Thanks erfen

    UPD4: Applying the aboveThe comments discuss much of the initial hostility of this topic. These measures are only necessary to prove your case if your rights are maliciously and intentionally violated. I urge you to be kind and tidy with sellers and other company representatives. There is nothing wrong with packing a bag in a bag, although you can’t demand this. If you really do not want to present the contents of the bag to the guard, you can call the police, but if there is a shabby laptop that does not cause suspicion, then why not open it. People work with you and do not forget about it.

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