Having chosen and ordered a phone in the online store, the customer starts playing roulette with fate. He can buy the thing he likes, or he can lose time and nerves. What you should pay attention to when buying is written under the cut.
Market. Yandex and other online store offer collectors have everything you need to choose and buy an item at an attractive price. On their wide counters, millions of offers from thousands of online stores are freely located, the path to the heart of the buyer – his wallet – is conveniently beaten with the help of convenient selection functions. But, in essence, the process of buying a thing can turn into a uniform hell if the buyer does not pay attention to some things:
- How to tell a decent online store from a 'sharaga'
- Legal basis for the transaction
- Welcome to complain
- My story
How to tell a decent online store from a 'sharaga'
A potential buyer gets to the website of an online store in different ways. A simple question in a search engine or choosing a product in the Market. Yandex – all paths lead to the final website of the seller. And here you need to immediately pay attention to several things. It is clear that the price and name of the goods must correspond to those previously promised. On the website of a normal online store, you can always easily find information about the owners, contact details of the management, the number of the certificate of registration of a private entrepreneur, etc. If none of this is visible, you can safely refuse to purchase, because this is just a page with pictures of smartphones and tablets.
Legal basis for the transaction
If, after clicking on the 'order' or 'buy' button, an offer agreement is displayed on the screen, with the offer you agree to the terms (read them carefully), then you are dealing with decent people, the online store declares that it will comply with the agreement. In such contracts, the seller's data must be indicated, it should be printed out immediately or taken a screenshot, just in case. But if at least one page of the site has text as in the picture above – run from this site. No contract of intent to buy and sell is not concluded, before you are cunning, enterprising, but unknown persons who do not want to answer for anything. I must also say that under the existing legal practice in relation to online stores, unless otherwise indicated, any proposal is considered a public offer. I will allow myself to cite an extract from the Civil Code of the Russian Federation, which guarantees the responsibility of the parties when concluding a transaction in the manner most convenient for understanding:
Civil Code of the Russian Federation
Art. 437
1) An offer is a proposal addressed to one or several specific persons, which is quite definite and expresses the intention of the person who made the offer to consider himself to have concluded an agreement with the addressee who will accept the offer.
The offer must contain the essential terms of the contract.
2) The offer binds the person who sent it from the moment it is received by the addressee.
If the notice of revocation of the offer was received earlier or simultaneously with the offer itself, the offer is considered not received
Article 432
1) The contract is considered concluded if between the parties, in the form required in the appropriate cases, an agreement is reached on all the essential terms of the contract.
Essential are the conditions on the subject of the contract, the conditions that are named in the law or other legal acts as essential or necessary for contracts of this type, as well as all those conditions regarding which, at the request of one of the parties, an agreement must be reached.
2) The contract is concluded by sending an offer (proposal to conclude a contract) by one of the parties and its acceptance (acceptance of the proposal) by the other party.
From all of the above, it becomes clear that from the moment you receive a notification by mail or SMS about the acceptance of your order (with the order number or not – it does not matter, this is done for the convenience of the store), the online store undertakes to fulfill its obligations in accordance with the essence of the contract, the contract is considered concluded and cannot be torn apart 'just like that' by one of the parties. This greatly increases your chances of getting the item hassle-free.
Welcome to complain
The worst thing that can happen to you is that you have already paid for the goods, and the online store has disappeared in an unknown direction. In this case, we can only advise you to contact the police, since you are dealing with natural swindlers, a criminal element. To speed up the investigation process, it is recommended to write a statement to the prosecutor's office at the place of residence.
If you have ordered an item and upon receipt found a discrepancy in the price or model of the smartphone or other 'deviations', you have two options.
The most reasonable one is to refuse the deal, take the money back and then at home, when you stop pounding and beating a nervous tremor, write the truth-womb in reviews about a particular store in the same Market.Yandex. This is very important, because we often see promotions like 'I want a discount of 500 rubles' among the offers of online stores. For the discount, they want you to leave a good review of their store in order to neutralize the curse wagon already at the Market.Yandex depot with the name of their store on board. Decide for yourself, 500 rubles (30 pieces of silver) or a clear conscience.
The second way is to sue the online store. Alas, neither the police, nor the prosecutor, no one except the court will consider the case on violation of the terms of the offer. This can happen if you have already paid, but at home you find that the store has given you a product of inadequate quality, with a different package or even a different product.
In any case, it is worth noting the reigning chaos, the Internet is crammed with both outright fraudulent online stores and stores with a 'limited conscience'. And unfortunately, the terms of the agreement between such stores and Market are rather harsh. Yandex does not give any guarantee.
My story
The story that happened on July 15 with the author can cause laughter and bewilderment. However, let me assure you, the feelings experienced were very real. Among the offers posted on Yandex.Market, one particular thing was noticed. Smartphone Lenovo Sisley S90 for 1050 rubles from the MasterPhone 'online store' gleamed lonely like a white sail in Lermontov's poems. Needless to say, the order was immediately placed and a notification was received by mail.
Now, if then to know all these subtleties with the offer, it might not be so offensive when in the morning (and the order was made at night) the operator of the online store called and, apologizing for the technical failure, refused to comply with the terms of the order. Taking a closer look at the site of this seller, we see the absence of any data about the seller and the mention at the very bottom of the title page that these are 'just pictures'. I would like to wish MasterPhone the fate it deserves.
Stories come to mind when a store was mistaken in price in favor of the buyer, but fulfilled its part of the deal. Have you ever had such cases? What did you do about inappropriate behavior on the part of the online store? Please share your experience.