Contract? No, didn’t hear …
Having studied the law on protection of the rights of consumers, I learned, what even terms of the contract can mean nothing though you and signed it. This article is based on the real events which have occurred to me. And in it I will tell how to defend the rights. And how to win that careless dealers try to deceive you.
Buying goods which isn’t present available, but on an advance payment, usually the organization and shops suggest to sign the purchase and sale contract. But the majority of us don’t penetrate into conditions of such contracts. The main thing that the sum and the name was specified. And, if the order didn’t bring in time, or brought but not that it is necessary, possibly to prove nothing. So considers the majority, submissively hanging the heads and following the tastes of businessmen.
So I considered also, ordering in one firm of a door. Money was not much therefore me that is cheaper and better interested. In one of firms I was struck by a friendly smile of the manager. She offered at once me that I want. And we issued the purchase and sale contract. Frankly speaking, I at all didn’t read it. I looked one eye – date costs, doors that, the sum that, delivery time – 14 bank days.
It seems, everything arranges. the order will execute in 14 days, i.e., in two weeks. Perfectly, but a dirty trick that 14 bank days are not two weeks, and nearly 3! But while it didn’t excite me. After all I made purchase which wanted.
Passed 2 weeks. Nobody calls me. It seems as forgot about me. And I decided to remind. Hardly phoned. As it appeared, my doors aren’t present and won’t be. In exchange to me suggested to buy others, more expensive. There is nothing to do, after all the house costs is open. It was necessary to pay in addition though I very much didn’t want it. I arrived to firm, I paid money. Neither cotter, nor receipts. All right, taxes don’t want to pay are their business. Promised within 2 days to bring. And that is good.
Passed 2 days. In the evening (it was Saturday) to me brought my doors. Honestly, I waited for them though in the middle of the day since, to establish in the dark not so conveniently. Nevertheless, it was necessary. All right, conversation not about it. After installation I removed a protective film from doors and … was shocked. Cloths of doors (both one, and the second) were any blown up. Looked narrowly – under a covering of doors the rust went. All right, I think, I will paint. What you will do. From far away it isn’t visible.
I passed month. When opening a door the hinge strain breaks. Well, it already in a caique of a frame doesn’t enter. I prepare and I go to the seller. I, of course, listened from them to so many “tender” words that it is terrible even to imagine as they still work. They refused to change doors, money to return – too. It appears, in the contract it was written that if I establish doors itself, any they don’t give a guarantee. According to the contract, I could return money only within 10 days after purchase. But already I passed month.
I arrived home, engaged the computer and started looking for exit ways from this situation. I read a few law on protection of the rights of consumers. I learned that on such goods as doors, the guarantee makes 2 years regardless of that is written in the contract. And I decided to have legal proceedings. In this case consultation of the lawyer can be demanded, but I decided to play in the detective story without assistance.
So, to condemn the unfair seller, it is necessary to do everything in such order:
1 . To write in the book of remarks and offers a claim with the requirement to return money and to take away substandard goods. You remember if it is large-size goods or its return requires dismantle, the seller at own expense has to make it. To dismantle and take away.
2 . To wait the official answer from the seller. For this purpose there are terms – 14 calendar days. I.e., during this time the seller has to send you the letter with the answer to your claim.
3 . You received the answer or not – it isn’t important. We wait month more to break money from the seller. We take the purchase and sale contract, the documents confirming payment (if the seller gave them to you), and we go to court. Money shouldn’t be taken with themselves because consumer claims are considered free of charge. And the defeated party at the end of process pays a legal cost. In the claim specify demand to compensate to you the goods cost if took the credit – percent on the credit, the installation cost (if you kept cotters for materials), a penalty of 1-2% from the sum for each day of refund delay (since the moment when you found marriage and wrote a claim, till that day when you submit the petition). Even if in the contract it is written 0,1% or 0,01% is everything it is invalid. Because under the law – at least 1% a day. Since you waited for 2 weeks the answer from the seller, then a month more, the penalty will be 45% from the sum. Demand compensation of moral harm. Specify the unreal sum, for example one million dollars. So much nobody will pay to you, but something yes will come. Usually moral damage is equal to goods cost.
4 . We wait the summons. Till this time for anything you don’t contact the seller. Don’t suggest it to pay to you for doors to court. Simply during this time assemble proofs that your history truthful. For example, I was told that thickness of steel of doors from each party on 1,2 mm, but I measured by a micrometer, there were 0,53 mm. In case of need you agree on examination, but on it the seller because after it the goods aren’t subject to use will disagree.
5 . In court tell all truth. If you start saying lies, you will confuse questions and you will lose. Most likely, the seller will employ the lawyer. But the law all the same will be on your party. Estimate, how many you want to have from it. The lawyer will offer a truce. If he calls the sum which will suit you – agree. But now you can expose conditions. For example, that the seller paid money now, and the goods took away in a month since, you have nothing to close a door.
I won court. Except the cost of doors, they indemnified me as much again moral loss. Plus a half more from cost – a penalty. At first they paid me money, and in a month after that arrived and dismantled doors when I already bought others.
In such questions not to forget the main thing that there is a law. And as though there the contract was made, it has to be made within the law. And that out of – it isn’t considered.