Objection to administrative liability
Russian State University Department of Trade and Consumer Protection
Ministry of Trade and Integration of the Republic of Kazakhstan in the city of Almaty
Almaty, Zhandosova str., 2.
8-727-392-21-54
g.daniyarov@mti.gov.kz
from: ".." LLP
BEAN ..
represented by a proxy representative
A.F.A.
+7 707 .
Objection
On December 11, 2023, S.O.V. (Hereinafter referred to as the Buyer) acquired from "." LLP (Hereinafter referred to as the Seller) through the Store's mobile application on Kaspi.kz in installments, a concrete mixer of the brand ".." (Hereinafter referred to as the Product), where all the technical specifications for this product were indicated.
Accordingly, the parties concluded an agreement that complies with art. 151, the Civil Code of the Republic of Kazakhstan, which stipulates that transactions are made orally or in writing (simple or notarized).
According to Article 386 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code of the Republic of Kazakhstan), the Contract enters into force and becomes binding on the parties from the moment of its conclusion.
Based on the above, the above-mentioned product was delivered by the Seller to the Buyer through Kaspi, which in turn was used for its intended purpose, as evidenced by the photos in the application and the arguments indicated in the Buyer's Statement.
Accordingly, according to Article 272 of the Civil Code of the Republic of Kazakhstan, the Great–grandfather – "The obligation must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law" - his obligations were fulfilled properly.
On December 3, 2023, the Buyer in the Store's app on Kaspi.kz application No. 300892714-1 was created for the return of low-quality goods and cancellation of the purchase, subsequently, according to the procedure, the Store on Kaspi.kz The product has been requested by us.
Subsequently, we received the Goods on December 12, 2023, and in the order of priority at the service center, the goods were transferred on December 17, 2023, to an accredited service center by the manufacturer of Mir Tool LLP in Almaty.
Subsequently, on January 10, 2024, a response was received from the service center, where it was indicated that during the diagnosis the defect claimed by the customer was not confirmed, the device has traces of use, chipped scuffs.
After receiving a response from the service center, the Seller immediately notified the Buyer and the Store. Kaspi.kz Accordingly, the Buyer's Application No. 300892714-1 for the return of low-quality goods and cancellation of the purchase was reasonably rejected.
According to the terms of the Air Defense System on consumer Protection and the corresponding published information in the Store Kaspi.kz the return of the product takes place according to the Law of the Republic of Kazakhstan "On Consumer Rights Protection" where the customer can refuse the product and return the purchase. To do this, he needs a mobile application Kaspi.kz you need to fill out an application and click "Issue a refund".
The client can do this:
within 14 days after receipt, if you have not used the purchase and the presentation is preserved.;
within 30 days or before the expiration of the warranty period, if the product is defective.
Thus, the buyer's actions are not subject to the above conditions.
Article 72 of the CPC RK stipulates that each party must prove the circumstances to which it refers as the basis of its claims.
The Buyer's arguments regarding the Examination, we inform you that civil legislation does not oblige the Seller to conduct an Examination if there is a service center accredited by the manufacturer.
According to clause 6 of Article 8 of the Civil Code of the Republic of Kazakhstan, no one has the right to take advantage of their unscrupulous behavior.
Subsequently, there were postings between the Buyer and the Seller and the parties did not come to an agreement.
On January 15, 2024, the Buyer sent a Pre-trial Claim to the seller, which was subsequently received by the Seller.
Subsequently, the parties also corresponded about the Pre-Trial Claim, and then the Seller responded by sending a response/conclusion to the Mir Tool Almaty LLP Service Center for No. ALM00000003 dated January 10, 2024, stating that "The defect claimed by the customer has not been confirmed, the device has signs of use, chipped scuffs," this is the answer to the Buyer's Pre-trial claim.
According to Article 7. of the Administrative Code of the Republic of Kazakhstan, one of the main principles of legislation on administrative offenses is that their violation, depending on its nature and materiality, entails the recognition of the proceedings as invalid, the cancellation of decisions made during such proceedings, or the recognition of materials collected that do not have the force of evidence.
Based on the above arguments, we believe that our actions lack the elements of an administrative offense provided for in paragraphs 3, 5, Article 190 of the Administrative Code of the Republic of Kazakhstan. Failure by the seller (manufacturer, performer) to fulfill his obligations by not submitting a written response to a claim to eliminate violations of the rights and legitimate interests of the consumer within the time period established by the legislation of the Republic of Kazakhstan on consumer protection, as the rights and legitimate interests of the Buyer have not been violated.
With respect,
Representative by proxy: A.F.A.
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