And according to the law?
Basement masters have practiced on an old iPhone 7 and switched to fresh iPhone Xr. A few people told onliner.by as ordered in LLC “Gadget-Techno VIP” this model, but was not the machine that I wanted. On the website of the store that ad on the Internet price “Erki” it is very tempting — 1290 rubles for the basic version at 64 GB. This is about 200 rubles cheaper than the market average. Logical explanation for such a low price there: why would the store sell cheaper if smartphones sweep (especially during holiday season) and a half thousand roubles? And for a suspiciously low price promise a pile of gifts: protective glass, adapter, case, car holder, cigarette lighter with USB, powerbank and two presentations to choose from.
A resident of Gomel ordered the iPhone Xr. Himself to pick up the device could not, asked a friend to settle with the courier. Courier was the driver of a minibus is, in fact, already talking about the level of the store everything. Cash receipt, according to the buyer, was not. But in the bill of sale under the bold stamp can be considered a long-familiar ploy: “product recovered (used)”. But to see an inscription difficult. The sellers thus fulfill the obligation by law to inform you that the goods are used, — so they are misleading.
It is better visible:
Important point: officially back on iPhone and what is sold in these stores, and have nothing in common.
Most importantly, these refurbished iPhone (they “REFs”, RFB) have an official guarantee, and these smartphones should activate when first turned on — everything is exactly the same as with a new apparatus.
Here for sale already activated the device that is most used, or started with an expired warranty. Only devices that somehow, in films and in sealed packaging — agree that a used product usually looks quite different. Moreover, serious doubts about the legality of the origin causes sticker. Differences from the original significant: the difference in the size of stickers (Apple, with its attention to detail, this will never allow) and the amount of information posted.
IPhone box from Xr “Gadget-Techno VIP”
The official Apple website allows you to check whether the activated smartphone, and if Yes, indicate the date of completion of the warranty service (if the activation was less than 12 months ago). Here is the link. Be sure to check the serial number of the machine it is on this page, as if you were in a hurry and not wanted to pick up the phone. If you buy a new iPhone either the “Ref” (or naively believe it), the smartphone should not be activated.
On the website gadget-tehno.by many interesting: “privacy” is not clickable, installment loans and the seller is “temporarily” does not provide the address of the legal entity is specified with error, there is only ostroshitskiy agro, but not Ostroshitskiy. Of course, on the website the abundance of positive reviews, but their origin is extremely doubtful. If you look for “buyers” names and names in social networks, you find interesting details. For example, one girl came to Minsk for iPhone from Kostomuksha (this is already in Karelia) and the other from Perm.
The “For buyers” causes an acute attack of deja vu: well, all very similar to what was on i-cupertino-by.com from the spring publication. The most interesting item — a 7.7: “the Buyer agrees that the Goods are second-hand (as individual units, and all Goods in General) may not meet the specifications and requirements for a new Product, and have the following disadvantages: loss of signal, loss of wifi signal, failure of display unit or front panel, the failure of the power controller, bad sensor work, the poor performance of speakers and microphones, not a faulty CPU, a faulty modem, and other malfunctions associated with wear of the Board.The above disadvantages are considered to be stipulated in accordance with the law “On protection of consumer rights” Also on the former in the use of the product can be installed not original parts, and might differ from the installed parts at the factory”.
Essentially, this means that you legally can sell a product with any of the failed module — a camera, sensor, microphone, processor, and so on. For the legitimate sale of such a device needs to comply with only one condition — to notify the buyer that the goods beushnye.
The crux of the matter
Call gadget-tehno.by under the guise of a buyer. The conversation was entertaining:
— Would like to order iPhone Xr to 64 GB.
— Have in stock, can deliver.
With the phone okay? The price is kind of low.
— Sure it is. The phones are original, are in the global warranty is warranty service center.
— What’s the difference? Guarantee one have to be — the world.
— No, there are refurbished phones, and is unrestored. What you need?
— Here you have iPhone Xr…
— He restored.
— Where is this written?
And there are the consultant began to explain. Watch the ad:
Like no mention that the product is used and can be a brick with the Apple logo for 1300 rubles. The consultant was able to achieve more: they say, hit “Specifications”, it says it all. Press:
And again, nothing. Surely the sellers are really being deceived? Hand was drawn to write letters to the FID, the Inspectorate, the police and the organization and other scary (at least I want to believe it) for unfair business abbreviations. But the consultant at the last moment elegantly slams the trap: “Hit “All the features””. The last column reveals its essence: “IPhone Xr – cellular phone (used)”.
Extract from the document of the Ministry of Antimonopoly regulation and trade (MARCH): “IN accordance with paragraph eighteenth of section 4 of the Rules of sale of goods in the implementation of retail trade by samples approved by the resolution of Council of Ministers of the Republic of Belarus from January 15, 2009 No. 31 (hereinafter — the Rules sales samples), prior to conclusion of the contract the seller must inform the buyer, in addition to other information that the goods have been used or eliminated the defect (defects), including on current products shortcomings. This information is directly from the name of the product and is (brought) to the attention of consumers on the Internet, i.e. on the website of the online store (points 4, 6 of the Rules of sale by sample)”.
What is considered a product name? Logically, it is the name which should look something like this: “iPhone Xr 64 GB used”. But the interpretation of names can be wide, also in a word document on whether to place information on reusesti for two clicks: “Features” and then “All features”. With these and other questions a week ago we went in MARCH. The Ministry confirmed the fact of receipt of our appeal, but the exact timing of response is not called.
Not new and “as new”
“Gadget-Techno VIP” in addition to your site sell products through other trading platforms. Looks announcement like this:
The word “original” in this case means only one thing — it really is the iPhone, not the conditional “citivan” Android disguised as iOS. Clinging to the column “Condition”: “New”. It would seem that the seller has not wriggle. According to this Declaration addressed to us, the buyer ordered the iPhone and got a smartphone with expired warranty. But again everything turned out to be very tricky.
We contacted the management of the store. The person on the other end of a wire was presented by the Director of “Gadget-Techno VIP”. To answer the questions he agreed only in writing (especially spelling and punctuation preserved).
— Why in the name of the product on the website gadget-tehno.by does it say that the smartphone/used? Quote p. 4 of the Rules of sale of goods in the implementation of retail: “the seller must convey to buyer information about what goods were in the use of [ … ], this information is directly from the item description”.
— In accordance with paragraph 4 of the Rules of sale of goods in the implementation of retail trade in samples of information about what products were in use is placed with the name of the product;This provision is enforced on the website in the product information in the item description.
Information that the product former use appears in the document confirming the fact of payment (sales receipt). In accordance with paragraph 6 of article 7 of the Law “On consumer protection” If purchased by the consumer product was in use, the consumer must be given information about this.
— Why is that condition new? Buyers ordered a smartphone for this ad, but received a used and activated the product.
— In each Declaration spelled out the new price and the price of the recovered phone. Initially, the title even specify that the phones are NOT NEW but as new. Because they have no external damage, no signs of wear and tear which are given time to check and free service. In comtelephone replaced parts are new except the Board. The Board itself remains original and makes its way to originality on the Apple website.
Under part 4 of article 16 of the Law, if the sale to the consumer of goods on samples, descriptions of the goods contained in catalogues, prospectuses, advertisement, booklets or represented in photos or other information sources, including in global computer network Internet, the consumer is not given the opportunity to obtain necessary and truthful information on the goods at the time of delivery, the consumer is entitled to withdraw from the purchase of goods without compensation to the seller the costs associated with the delivery of such goods . Thus, if the user were given all the necessary information about the Product at the time of delivery, the consumer had the right to refuse the purchase. However, if the consumer at the time of transfer of the goods refuses the goods, and accepts it, it also testifies to the possession of full information, which is presented in the documents.
— Why second-hand goods you sell in the protective films and in sealed packages? It looks like an attempt to give a used item for a new one.
— Films are glued by the manufacturer of the parts, in fact a new phone is not much different in appearance and operation from the phone, not restored by Apple. Sealed the product was not contaminated presentable appearance.
Looks like an attempt to give b.from. for new only for those who want to buy a new one for half its price, in fact we have no such intent, and all of the early evidence of this.
— We called in the guise of a buyer in your store. Why the representative of your shop calls used phone restored, but he is “used”? And it happened after only a few refinements. Have restored (RFB) reset iPhone official Apple warranty, smartphone you want to activate as new. Restored and used — not one and the same.
— Say everything correctly .Restored synonyms:renewed, reborn, resurrected, played (given a large list of showing the diversity of Russian language. — Approx. Onliner). Restored can not be used.from. not used because the goods were restored by replacing old parts with new goods in the former operation.
Not everyone in the Republic of Belarus and other countries earn enough to afford to buy the product from Apple for the money that they are sold in the world and in our country, therefore, resort to the alternative of a new device with the same functions and marketability. Although many go and buy in installments, on credit, and pay the hidden interest after all payments of the price of the phone is twice above the market average.
Who can count their money and can’t afford to buy in this period of life a new Apple device, he or buys cheap buys restored or Android phone.
In General, the Director of “Gadget-Techno VIP” confirmed the obvious: these stores are well-covered from the legal side.
Tax: the main thing — not to gloss over the problem
In Minsk regional tax Inspectorate told us that know about this shop, but to indict him on anything difficult. One of the employees management of operational activities says:
— As a rule, second-hand goods are sold at a price much below the average, if just to see prices on the trading floors. Of course, at the same price will have more confidence in a known seller with a long history of work, and not for a young store. But people pursue cheapness, in connection with which there are often problems with the quality.
— On that note, if you decide to buy a phone through the online store?
— People need to be more vigilant and careful when buying expensive goods. You buy an expensive thing — just look for the information about the operative legal entity. See the website of a suspiciously low price, there is no possibility of payment by card credit, and cashless payments are temporarily suspended — no good this store is not a promise.
Specifically, the store, which is now under consideration, there will be a lot of links to the forums with alerts from buyers.
In addition, the new phone must be labelled with the control of information sign. If the product is used — marking will not. And, of course, must be cashier’s check.
Another point which should alert the buyer, — the inability to come for the goods yourself, to the point of self. Unscrupulous shops are, as a rule, through couriers or even appeal to drivers of minibuses — directly with the seller and buyers do not intersect.
— How do people get their money back if they bought a used phone under the guise of a new?
— The tax Inspectorate will help to return your money, it is civil-legal relations. Moreover, the appeal to the court of the consumer will be difficult to prove that he purchased the goods of improper quality. This conclusion can be drawn on the basis of communication with the deceived citizens. You need to understand that the market of the country with lots of restored phones brand iPhone.
What is a remanufactured phone? This product, which can be replaced parts, it has wear and so on. Unscrupulous firms are installed in these devices the cheapest, short-lived components, which usually have very limited lifespan. Bought the phone, it worked, for example, a week and broke. A receipt and other evidence that the goods purchased in this online store, no. Accordingly, to prove anything is extremely difficult.
It is desirable to record the conversation with the seller. If the phone consultant said the phone is new and you have brought a used, and there is a record of the conversation — then your chances are much higher. Otherwise it is the word of the seller against the word of buyer: the representatives of the store will argue that warned you about b/a (restored) product, and once bought what it claims? In addition, it’s probably better to abandon the purchase of imported products from this seller.
In Belarus, decree No. 510 prohibited the inspection of business entities who are younger than two years. So the owners of these stores then just close one legal entity and open another?
— Agree, will open. Currently, the registration of legal entities takes place at the application principle and vastly simplified (for it is enough to have attorneys person with power of attorney and copy of passport). And some unscrupulous market participants use it. The founders are usually citizens of other countries, often of the Russian Federation. The SIM card usually registered on figureheads.
However, if the law limits the conduct of inspections of firms two-year-olds, this does not mean that the perpetrators will be over the 24 months to act with impunity.
If there are sufficient grounds for unscrupulous entity can be held liable before the expiry of the two-year period.
— What are the reasons sufficient?
— People should be active and report all cases to public authorities. The problem cannot be ignored. You need to contact the police, tax authorities, Executive committees. These stores in the field of view of the tax authorities, are the subject of specific control measures.
If there is a sufficient number of documents confirming the purchase of goods from a particular unscrupulous seller, he will be brought to administrative responsibility. Also, the tax authorities will contribute to its exclusion from the single register of taxpayers.
If after the purchase it became clear that the product turned out to be secondhand or refurbished, and claimed as new, and this case is not unique — you should also use your legal rights to appeal to state bodies. But again, that all actions of the seller should fix and again, as it is banal sounds, to demand from him a receipt.
I want to note that the involvement of unscrupulous business entities to administrative responsibility only a matter of time and the active position of citizens affected by the actions of these “entrepreneurs”. If you become a victim of unscrupulous seller, we recommend you contact us by telephone hotline (8 017 229 79 79) or e-mail address Inspectorate of the Minsk region email@example.com.
Tax emphasize: if you bought a defective product — be sure to write letters to all state agencies, which only you can remember.
The situation is paradoxical: some entrepreneurs for the development of the business are, according to them, through the bureaucracy and a lot of checks for purity, the other as easily find options for the interpretation of the official documents in their favor.