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BoberCoder2013-11-21 15:34:16
Law in IT
BoberCoder, 2013-11-21 15:34:16

Is it possible to return the monitor through the court because of a broken pixel?

18 days after the purchase of the monitor, a broken sub pixel appeared, which on some color tones gives a red dot. I decided to try to take it to change the monitor, which I was refused, citing some manufacturer's instructions, that there should be more than 5 dead pixels.
However, according to Article 18 of the Law of the Russian Federation "On Protection of Consumer Rights" , I have the right to replace the goods during the warranty period, if there is a significant defect in the goods.
According to the preamble of the law "On the Protection of Consumer Rights", a significant defect is: an
irreparable defect or a defect that cannot be eliminated without disproportionate costs or time, or is detected repeatedly, or reappears after its elimination, or other similar defects.
It seems to me that a dead pixel falls under this definition and the manufacturer's guests do not matter here. I have already filed a claim and am going to go to court in case of refusal.
I wanted to ask fellow lawyers:
1) Maybe I missed something and there is no chance in court?
2) What expenses can I incur in case of a loss, (for example, the store will require a refund of the lawyer's fee for 100 thousand, etc.)

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5 answer(s)
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Vladimir Sokolovsky, 2013-11-21
@inlanger

Each manufacturer has a permissible number of dead pixels, this is the official figure. If you have not returned the product within 14 days after the purchase, you can only return it under the manufacturer's warranty. And there they will answer you that 1 pixel is not a marriage, a marriage of 3/5/8 pixels. There is even a special ISO standard . Which everyone adheres to.

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Masterme, 2013-11-21
@Masterme

The store just won't go to court. He doesn't risk anything. In extreme cases, he will refund your money for the monitor.

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Allineer, 2013-11-21
@Allineer

Contact the official representative of the manufacturer and describe the problem to them.
You do not risk anything, and they, in turn, can go to a meeting.
Try to contact the Authorized Service Center of the manufacturer - they are usually much more competent in matters of service than the trading organization and are interested in you as a customer.
If the ASC says the same thing as the trading organization (or if the ASC and TT are the same organization) - feel free to write them a letter of request to correct the defect within the warranty period (replace the product due to the discovery of a significant defect) or give reasoned refusal certified by the manufacturer's representatives .
Good luck!

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Nikolai Antal, 2013-11-21
@hermit931

If the leadership is loyal, then they can change, but in principle they are not obliged - @inlanger has already described everything. The court is also unlikely to satisfy your claims.

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akeeper, 2013-11-24
@akeeper

The store won't even worry about threats of litigation. Each manufacturer regulates the maximum allowable number of dead pixels, so "it's easier to compensate than to hire a lawyer" is clearly not about this case.
Another thing is that some stores allow you to return the product if for some reason it did not suit you or does not meet your requirements (for example, declared ones). Try to clarify for such a possibility of a return, this is the only possibility in your case.

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