Coin box of councils                                                                      the Good advice for all occasions

Questions are answered with lawyer Anna Dobrjuha.

Whether it is possible to hand over back in shop soaking through winter footwear?

I have bought winter leather boots, a plot two times and have strongly got wet. The seller the skin - for dry weather, and for crude - rubber has told, that, and has shown me an inscription on the guarantee coupon where it is specified, that for crude weather galoshes are necessary. But where in our district dry winters, and for what winter boots, if not for crude weather?! Help to clear a situation, please. Valentina.

Valentina, on the one hand, you are right: the goods should be suitable for use to destination (proceeding from Law item 4 «About protection of the rights of consumers»). Thus it is supposed, that the buyer does not possess special knowledge of properties of the goods and will use a thing according to the usual, traditionally developed representations - we will tell, to carry winter boots in any weather in the winter. And if in such situation purchase fails, it is possible to make a claim safely on the basis of item 4 and Law item 12.

But! The law also provides, that the buyer should observe goods service regulations and if the thing is damaged because of their infringement «to swing the rights» is useless.

Thus, as at sale you have in writing warned about special conditions of carrying of boots (in crude weather only with galoshes) the shop has the right to give up in replacement of the soaking through pair or the refund.

How to return in shop an accessory for the computer?

I have bought in shop the mouse for the computer. It works, but the scrolling castor strongly creaks. In shop to replace refuse, referring that the mouse basically works and it was necessary to look attentively the goods at purchase. The guarantee still operates. Advise what to do.

Transfer in shop the written claim. Specify in it, that:
1. To you the goods of inadequate quality have been sold;
2. You demand replacement of the mouse on new, serviceable, on the basis of Law item 18 «About protection of the rights of consumers»;
3. If the shop objects to the shown requirements is obliged to inspect quality and goods examination at own expense since. The guarantee operates.

Pay attention: argument of sellers «it is necessary there were look attentively goods at purchase» are insolvent, since. By rules even apparent defects of the goods should make a reservation by all means in writing - on a label, the check, etc. (Item 11 of Rules of sale of separate kinds of the goods).

How to hand over in shop "burst" krossovki?

I have bought to the son krossovki. In 3 weeks on a heel "rack" has burst. In shop I do not address, as in the check the guarantee of 14 days is specified. Whether I can demand all the same the refund if to repair krossovki, in my opinion, are not subject?

If you are assured, that defect is not connected with inaccurate carrying krossovok, casual damage, etc., safely address in shop. A plan of action such:

1. Inform the seller, either the manager, or other representative of administration, that krossovki were used accurately, according to footwear service regulations, however in them the lack was showed;
2. Remind, that under the law the buyer has the right to make a complaint, if goods lacks are found out after the termination of a guarantee within two years after goods acquisition (item 5 of item 19 of the Law «About protection of the rights of consumers»);
3. Therefore you demand the refund for the goods of inadequate quality on the basis of item 19 and 18 laws;
4. If words do not work, state all it in the written claim.

Keep in mind: the shop has the right to insist, that examination for finding-out of the reason of occurrence of a lack has been spent. After the termination of a guarantee examination is paid by the buyer, but at acknowledgement of factory marriage, defects of a material, etc. The shop is obliged not only to return money for the goods, but also to refund expenses on examination (law item 18).

Whether it is possible to return a counterfeit disk?

I have bought in shop a DVD-disk - certainly, counterfeit. On it of 11 films, half - bad quality: on the screen it is visible only half-pictures. Whether it is possible to exchange or hand over such disk?

Having sold you such disk, shop at once «has killed two hares»: has broken the legislation on protection of the rights of consumers and on protection of copyrights. Therefore can demand safely the refund, and for persuasiveness refer on:

- The law «About protection of the rights of consumers» (item 18 - about return of cost of the poor-quality goods);

- The code about administrative offences (item 7.12) and the Criminal code (item 146 ch. 2) - punishment for realisation of piracy disks.

For effect strengthening can inform, that be going to signal about these roughest infringements in militia.

Why it is impossible to exchange the book?

Whether the truth, what books cannot be exchanged or handed over? Why?

Qualitative books are included into the Inventory, not subject to an exchange and return (item 14). It is logical, as not library - the book it is possible to read shop and at possibility of its return the sense of trade would simply be lost by the literature.

And here poor-quality editions, as well as any defective goods, the buyer has the right to exchange or hand over with the refund.