How the lack of marking of the EAS helped Minsk to return money for an expensive baby stroller with marriage

Marketers have long learned the main rule of shopping: children do not save. The higher the price tag, the calmer the parents sleep, because they are sure that they buy absolute security. But the market sometimes proves the opposite: a huge amount in the check guarantees only the status of the brand, not impeccable quality. What traps can you face when buying premium children's products, and how to win the court from the seller, even if the expertise was not on your side? A non-trivial case from the practice with the correspondent of the agency “Minsk-Novosti” was shared by the legal adviser of the Regional Society for Consumer Protection Anastasia Rudak.

The golden marriage

- Anastasia Valeryevna, where did it all begin?

- A young mother from Minsk came to us. A wheelchair for a newborn was bought in advance, and began to use it closer to the summer. Literally on the first walks, the front wheels jammed, and the design itself was constantly taken aside. To go straight, mom had to pile all the weight on the handle and outweigh the frame on himself. Instead of rest, it was exhausting training. But the thing was worth a lot - more than 2.3 thousand BYN.

What was the store’s reaction to the customer’s claim?

- The store conducted its own quality check and found no defects. Out of loyalty, the customer was offered free repairs, but the factory marriage was never recognized. Minchanka refused such a compromise, because trust in the safety of the product was completely lost. She demanded to terminate the contract of sale, but was refused. The banal dispute escalated into a months-long lawsuit.

Secret flaw

- Why is there such a principle on the part of the buyer? At first glance, the back wheels seem like a minor nuisance.

- That's a dangerous misconception. A baby stroller is a subject of increased responsibility, because there is a baby in it. Luft and sudden jamming of the front wheels in practice mean that when leaving a regular city curb or when crossing a busy section of road, the structure can instantly lose control and capsize. The young mother was well aware that she was risking the health of the child, so she decided to go to the end.

Photo is illustrative, photo magnific.com

- What was the main legal complexity of the case?

- Our staff specialist conducted a pre-trial investigation and found a violation that the opponents clearly did not expect. Neither on the frame, nor on the packaging box, nor in the accompanying documents there was a sign of product circulation on the market of the member states of the Eurasian Economic Union (EAU sign).

It is important to clarify: products for children are subject to mandatory certification. The lack of special labeling means that the products have not been tested at the state level and its safety for babies has not been confirmed.

According to the current Law of the Republic of Belarus “On Protection of Consumer Rights”, the buyer has an unconditional right to receive full information about the goods. No EAU sign - the law is broken. We filed a complaint but ignored it.

Seller trap

What was the course of the trial?

- The trading company hired a lawyer and completely denied guilt. The court appointed a commodity examination, the results of which were a challenge: the specialist wrote that backlash wheels is the norm, since there are no clear limits in millimeters in the law. Opponents have already celebrated the victory.

Photo is illustrative, photo magnific.com

- How did you manage to turn the situation in your favor?

- We turned the expert’s conclusions against the opponents themselves. Yes, he considered the backlash wheels a design feature of a particular model, but in the same document he officially recorded the most important fact for us: there is really no physical sign of the EAC on the product body. From that moment on, our position became concrete. In fact, the other party has documented its own violation.

- Is the absence of a single label able to cross out the expert’s conclusions about quality?

- Absolutely. The EAU sign is not a formal stamp for beauty, but a basic security guarantee. To obtain the right to apply it, the importer or manufacturer is obliged to provide samples of children's products to certified state laboratories. There, products are rigorously tested: plastic is tested for toxicity, the frame for strength during impacts, and textiles for flammability. It is strictly forbidden to sell children’s goods without passing such control in our country.

Trying to justify themselves, the lawyers of the store brought a paper copy of the certificate of conformity. But the document, as it turned out, was issued to a completely different organization, and they could not prove his attitude to this party of wheelchairs. The presence of someone else's paper only confirmed that the store sells goods of unknown origin.

The photo is illustrative in nature

Finale and payback

- Have you been waiting for the other side?

- To the last, the opponents believed in their impunity. At the final meeting, they filed a counterclaim: they demanded to recover the costs of the examination from the young mother and the fee of their lawyer. It was an obvious attempt at psychological pressure, but it didn’t work.

- What did the court decide?

- The counterclaims of the defendant were rejected, and our claim was satisfied in full. The trading network did not give up and came with appeal, and then with cassation complaints to the Minsk City Court, but the highest court finally confirmed our rightness.

- How much did the stubbornness cost the store?

- In addition to returning the full cost of the wheelchair, the court recovered from the seller a penalty, compensation for moral damage and the costs of a pre-trial expert. But the main financial blow was a fine in the amount of 100% of the total amount of claims satisfied for refusing to resolve the issue peacefully.

Of this amount, 90% went to the budget, and 10% went to our organization to cover legal and legal expenses.

Three rules of defense

- What would you advise your parents in a similar situation?

- First of all, always look for the EAC marking on the product body or its box: if there is no sign, immediately refuse to buy children's goods. Also, never agree to a repair out of loyalty, because the offer of a free repair hides an attempt to deprive you of the legal right to a refund. And most importantly, don’t be afraid to defend your rights in court. Large companies often count on legal illiteracy, but if the law is on your side, human rights organizations will help to get this way for free.

Collage by Valentina Trishina