Attempt to return the money for the "glitched" HDD

Question

Hard disks

Recently, Win7 pleased me with an inscription that one of the disks in the system would soon die, wished me a speedy backup and replacement of the disk (SMART error: Status Bad, Backup and Replace, Seatools short test fails). The data was safely saved, the disk was properly erased and the question arose of returning it under warranty. Having studied similar topics on Habré, POPP and having found a sample claim for a refund, it seemed that they were already going to hand it over to the seller, but first they decided to communicate orally. The seller offers repair or replacement at the factory with a similar model and nothing else, pressing on a list of technically complex products. I don’t want to take Seagate again, they’ve been completely frustrating lately, and even “hard repair” sounds strange to me in general, Considering that Seagate itself quite offers me to make a return and replacement through the site with such a test result (however, the hard is still under warranty from the seller, so we go the shorter way). As a result of a short conversation, we ran into the term "significant damage."
How to simply and without bringing the case to court to convince the seller that the breakdown is significant, or maybe I'm not right at all and it really is not significant and can be easily treated? The matter is complicated by the fact that the disk is still quietly seen in the system, read and written, i.e. quality control will show the problem as such, but it will not allow judging its “materiality”.
Most of all, I’m afraid of the option that they will send it to the factory, they will fix it with some kind of “shamanism” and return this particular instance, respectively, there will be a month left for the guarantee ... and somehow it will be already restless for me to entrust even the most insignificant data to this hard.

Answer 1

Try 10 times to fill the entire disk with files and erase them. The disk on which the smart swears, in such cases, starts to fail obviously. You may be able to bring it to a state in which it will be obvious that it is faulty.

Answer 2

zakon.kuban.ru/private4/2000/160r4.shtml

signs of classifying the shortcomings as significant are given. Significant defects include defects in a product (work, service) that make it impossible or unacceptable to use the product (work, service) in accordance with its intended purpose, or which cannot be eliminated, or which appear again after elimination, or which require large expenses to eliminate. or as a result of which the consumer is largely deprived of what he was entitled to expect when concluding the contract.

So feel free to quote and take money

Answer 3

I suggest that you act according to the law and hand over the goods to the seller for quality control and examination (ideally, it is better to attend them). At the same time, document all your relations with the seller, giving them copies of claims and obtaining visas on receipt. Strictly follow the deadlines provided by the law. Any oversight of the seller works for you.
Suppose a defect is discovered and the seller shows a willingness to repair the screw. Lord, for God's sake! This "repair" will cost him more than a replacement. Let him suffer and tear his ass if he is so principled. There are three options: either he will calculate the costs and give a new screw (return the money), or the manufacturer will send a new one (sell and get the money), or the seller will blow the deadlines and with the help of Rospotrebnadzor (court) you get the money back. The option when the seller has time to send the screw for repair and repair it on time seems unlikely to me.
The main thing in this matter is calmness and only calmness. Well, the STD law is at hand. Everything is according to the law. He is good.

Answer 4

Um, well, what’s the point that the manufacturer is ready to return - won’t it work? In general, if there is such a thing as a consumer protection law, look here , and specifically Article 18 says something like this:

1. The consumer, in the event that defects are found in the product, if they were not specified by the seller, at his choice, has the right to:
demand replacement for a product of the same brand (the same model and (or) article);
demand a replacement for the same product of a different brand (model, article) with a corresponding recalculation of the purchase price;
demand a commensurate reduction in the purchase price; demand immediate gratuitous elimination of product defects or reimbursement of expenses for their correction by the consumer or a third party;
refuse to fulfill the contract of sale and demand the return of the amount paid for the goods. At the request of the seller and at his expense, the consumer must return the goods with defects.

Answer 5

File a lawsuit. Most likely they will simply offer to decide everything before the court, otherwise they will stand their ground to the last. The disk can be checked with the Victoria program, it will show bad sectors (if that's the case).

Answer 6

In general, if only the disk is faulty and the seller replaces it without problems, then the chances of returning the whole laptop are generally small. Really. Defective replacement part != defective product.
The significance of the drawback here is determined by the possibility or impossibility of returning the product to an acceptable working condition. Suppose if you could cure only 50% of the bads on the hard drive, this would be a significant drawback, or if you could only replace it with a smaller capacity hard drive there.
Therefore, unfortunately, it is very difficult to count on a return here. Perhaps the seller will be easier to exchange for another laptop, tk. then he will not suffer direct large losses, but this again depends on his good will.
Going to court is such an option ... If the seller is large and will resist, most likely the case will be lost, and this is lost money and time. If the seller is small and may be afraid of the court, perhaps this makes sense.

Answer 7

We always made it easier in such cases, if it was impossible to prove. You wrap the disk in a thick cloth, a few turns, so that there is no visible damage, and then carefully against the wall 3-4 times, in 90%, the disk no longer starts, but there is no damage.

Answer 8

zakon.kuban.ru/private4/2000/160r4.shtml
signs of classifying the shortcomings as significant are given. Significant defects include defects in a product (work, service) that make it impossible or unacceptable to use the product (work, service) in accordance with its intended purpose, or which cannot be eliminated, or which appear again after elimination, or which require large expenses to eliminate. or as a result of which the consumer is largely deprived of what he was entitled to expect when concluding the contract.