TV acquired the online store turuliider.ee (MR Liider OÜ) for 873 euros, came to the buyer broken and unusable. Only with the help of the Consumer Protection client will get their money back, writes Tarbija24.
Once a client has found a broken screen, he reported it to the seller. He claimed that he had discovered the package properly, and he had witnesses. On the surface of the box, according to him, were bruises and scratches.
However, the seller claimed to have sent intact and sealed enclosure, and he was sure that the TV broke the complainant or anyone else who opened or used TV. According to the seller, the damage to the packaging were too small to make it indicative of damage to the TV during transport. The seller said that usually in the package are whole televisions, which often break “during the mismanagement of taking out” of it.
The commission presented the client photos taken when opening the package, which can be seen on the TV defects. Sold at the sight of this notice that broken place is exactly where a careless person usually keeps the TV, taking it out of the package.
The s eller ships the goods by courier DPD. However, the signature taken courier company, proves only receive parcels, rather than conformity to the requirements. The Commission noted that if a customer finds a product defect, he is entitled to withdraw from the contract. In this case, the product was defective, so it is a material breach of the contract of sale, which is responsible for the seller.
The committee noted that the customer is informed about a broken TV immediately, as soon as he found out. Approval of the seller that the liability would extend to it only in the case if the damage was visible on the package, according to the Commission, were wrong. “Send a complaint does not buy the packaging and contents. If you open it turned out that the contents of the broken, the complainant has the right to withdraw from the contract despite the fact if the package damaged or not, “- is listed in the decision.
Thus, the Commission found that the seller had breached the contract of sale and excusing his circumstances are not present. Seller will have to return the money paid for the TV, and the client will have to return the TV.
Chapter MR Liider OÜ Roman Rutinchik assured that satisfy the customer’s complaint.
Редактор: Postimees.ru
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