Tuesday May 24, 2022

New feints of traders: goods from the 3 plus 1 event cannot be claimed for free

Some traders have invented the claimed trap, as a clever way around, so that customers do not return their pensions for defective goods. “But we always have it in our business conditions,” he claims. Secretly, with the fact that many people do not realize at all, that something is not in the horseshoe.

One of the sellers of design goods, for example, says in his business conditions: “We will not return a pension for the purchase of goods.” It looks solid in the eye. The consumer comes forward for what he needs. If it is an endless condition that restricts the first consumer, it often does not occur even to an experienced customer. This is confirmed by the cases recorded by the experts of the dTest advice line.

Choose only one other for the faulty goods

The same rule applies to the trader to the rightful claim, when the repair or exchange of goods is not possible and the customer in such a case may first request a refund of pensions. “Choose another product for the same price, we won’t cut your pension,” the order is required to share something that you don’t need at all for defective goods.

And what about the experts? “The seller is doing the wrong thing. However, any agreement between the seller and the buyer, as a result of its termination or the first of the liability for defects is limited, is invalid according to civil law, ”points out Luk Zelen, head of the first dTest advisory body.

There was a dragon in the free 3 + 1 acne package

Another example of business practices to avoid possible complaints about defective goods are offers such as “suitable packaging with one product for free”. The dTest advisory line recorded a case where one customer shared a 3 + 1 free bag for a total of three pieces of disputed equations. As she found out at home, one straight bag was defective and did not light. When she immediately complained about the goods, the saleswoman sold her: “It was the first thing that was free in the package as a dragon. It cannot be claimed. Please contact us. “

How to armor? “It is true that the stamp applies only to goods that the consumer has acquired, ie for which he paid. But it is always necessary to determine which goods are the gift. That did not happen in this case. In the case of 3 + 1 events free of charge, when it is not possible to differentiate the individual pieces from each other, it is only a small discount, not three pieces at full price and one free of charge, ”k Luk Zelen. As he adds, in this case the price is equal to 25 percent of the total price. “It is therefore necessary to complain about a piece of goods. In addition, if the seller insisted on his opinion, it would be a deceptive business practice and it would be appropriate to submit a Czech trade inspection, ”adds the first.

The voucher is non-transferable, listed by the dealer

Some traders tried to dismiss the complaint with a clever trick. The business conditions simply stipulate that the cancellation can be applied only by the person listed in the mature letter, while the payment is non-transferable. If someone else comes to complain about a broken product, they simply reject it: “You can’t complain.”

“So this condition is against the law. Although the law can rule out the transfer of the goods, the customer must agree on this with the seller. It is not possible to do so simply by one-sided viewing in business conditions, their wording must not affect the customer in any way, ”warns the first.

As he adds, civil law also speaks of other provisions in consumer contracts, which are disproportionate first to their imperfection to the detriment of the consumer. “This is the case, for example, with a provision that allows the supplier to withdraw from the contract for no reason, nor should the consumer have the same first.” And how to deal with similar situations?

Remember:

  • If in the business conditions of the seller you come across such provisions in the complaint, which are in conflict with the civil conclusion, you can raise the objection of their invalidity. Let the trader know that you insist on your consumer first and do not file a complaint. The sample “Objection of invalidity does not mean the contractual conditions” is available here.
  • “If these unreasonable contractual conditions appear in consumer contracts, they may also be in breach of the Consumer Protection Act. In these cases, it is possible to turn to the Czech Trade Inspection Authority, ”advises Luk Zelen.
  • In the event that there is an irreparable defect in the goods, which is not limited to the first day, you must first withdraw from the purchase contract. You can request either a refund or a change of goods. The choice is always up to the trader, not the trader.
  • You can do this first if more defects appear at the end of the period, or the same defect is repeated despite repairs. The law does not specify how many times the defect must be repeated after the repair, nor does it specify the term “more defects”, so badly for the assessment of each specific case. “From the decision-making practice, the court usually concludes that the reason for withdrawal from the contract is the occurrence of the same defect after repairs, or the fourth occurrence of various defects. Possible fact that everything shows at least three defects at once, ”notes the element.
  • It is also possible to withdraw from the contract and request a refund of pensions in other cases, for example in the case of differences in quantity and sweat, in the event of a discrepancy between the advertised and actual properties of the goods or in the event of a counterfeit.

“In all cases, the customer is obliged to prove the purchased item, preferably by submitting a copy of the purchase document. If the buyer has a document, he must prove the creation of the purchase contract in another way, obtained in a credible way, for example, by a letter of departure stating the date of purchase and price and an entry from the payment card, ”concludes Luk Zelen.

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