Change your car, as the gloves! 2 weeks free test-drive (HowTo in Russia)
Amendments to the Law on Consumer Protection adopted by the president and enter into force already on 11 December. They significantly expand the rights of buyers and owners of new vehicles.
The President approved the amendments to the Law «On Protection of Consumer Rights» - they will enter into force on 11 December this year and significantly expand the rights of buyers «expensive and technically complex goods», which primarily include motor vehicles. Now, swap or give back the car, even with small defects will be no more difficult than razonravivshiesya jeans, promised legislators. The delay has already paid for entry to the seller in the penny: a penalty for late in the light of amendments to the law could exceed 50% of the value of the goods.
Now the car buyer is not in the best position. The legislation is almost entirely composed of vague and gives a lot of excuses for abuse. The law does not even have the language of what is considered to be «expensive».
In introducing the amendment, the deputies decided to do to get rid of this notion, in the equal rights of car buyers with a buyer, say, a sweater.
We demand from the motor car can be replaced only in the event of a serious fault - that is, such that «make unacceptable use of the goods in accordance with the purpose of» and can not be eliminated without «disproportionate costs or the amount of time».
Abused by the seller is hard to resist, even through the courts.
The Supreme Court, for example, in 2005, found leaking cylinder stsepeniya Automatic brand new Alfa Romeo 156 is not enough serious cause for the dissolution of the contract of sale - Motor obligated only to repair the car. Thus was established a precedent: even the major faults of motor vehicles under warranty, the seller may remove at his own expense, while not incurring any additional liability for the supply of defective goods.
Since December 11, the consumer shall be entitled within two weeks from date of purchase to return the car or replace it, but not necessarily on the same model - with the recalculation of prices can be taken, and others.
In fact, this means that each customer receives a two-week «drive», during which will be able to find all the disadvantages of the machine and finally, she likes it or not.
Buying a car is similar to the purchase, for example, clothes - if a thing free from defects, but simply razonravilas, it is also within 14 days to return to the store without explanation.
Experts do not exclude the fact that the amendment could cause a surge of abuse by the customers - the many lovers of easy money have the potential to «assess the prospects» dart and pick faults in machines in the hope of «warm» Motor. Because of a faulty cigarette lighter, zaevshey Tape recorders or peregorevshey auto bulbs will be forced to return the full value and pay for all services to register the car. If he refuses to do so, the buyer can file a lawsuit, which also will be guided by the amendments to the Act. If the court granted the petition, the automobile will pay a fine of half the cost of purchase plus interest for late payment of money owed to the owner, the moral harm, duty, the cost of counsel and other costs.
State Duma deputy Viktor Pokhmelkin believes that «legal skewness» to a buyer, but he is better than lobbying dealers: «Companies selling cars, have every opportunity to protect themselves from fraud, they are usually a lot of money, great experience, they keep a large staff of lawyers ». In the capacity of natural persons «war» with the seller through the courts is substantially less. Fraud, says the deputy will be, but in general, the law would improve the situation of the consumer.
In the event that the owner finds a defect after two weeks, to return or exchange the car would be only if the court recognizes the significant disadvantage.
Another amendment, which seeks to turn the law of «a» to the buyer, to the restoration of the machine under warranty. It limits the repair of 45 days. Since the Act came into force dealers are required to be this or less indicated in the agreement, which is with the buyer before the car climbs to the warranty service. They think that the amendment would deprive service centers of their favorite excuses, for example, that the «parts have not yet sailed from the States».
Timing of repair you will not be able to put at the mercy of the availability of spare parts, equipment or inks.
Developers tell the amendments: «In recent years, the most massive and sensitive to violations of their consumer rights are found in the warranty complex technology». Using the language of uncertainty and legal ignorance of buyers, dealers and service centers for people impose such conditions of repair, in which the machine can be in the studio up to six months. Used and old ways of cheating the world: verbally communicated to some timing of repair, and small print in the bill is not specified. Moreover, responsibility to the consumer for the defective repair dealer does not carry.
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