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Novosibirsk refused to return 301 thousand rubles for a coffee machine

A resident of Novosibirsk tried through the court to return more than 301 thousand rubles for a vending coffee machine, which was originally going to use for business

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Novosibirsk refused to return 301 thousand rubles for a coffee machine

According to the press service of the courts of general jurisdiction of the Novosibirsk region, the woman concluded a contract for the supply of a coffee machine with an individual entrepreneur from another region.

Later, the buyer decided to abandon the deal, because she found a more profitable and cheaper version of the equipment. She appealed to the court, demanding to invalidate the contract, return 301,183 rubles 56 kopecks, as well as recover interest and a fine.

In support of the claims, the woman indicated that when applying for a loan, the purpose of purchasing the goods was designated personal use. On this basis, it expected to apply the provisions of the law on consumer protection.

However, the seller stated that the equipment was originally intended for commercial activities. After the conclusion of the contract, the buyer registered as an individual entrepreneur to sell hot drinks.

During the proceedings, the court examined the supply contract, additional agreements and correspondence of the parties. It turned out that the woman planned to use the coffee machine for profit and understood the nature of the deal.

The court also took into account that the vending equipment is designed for the automated sale of beverages to buyers. At the same time, the supplier offered to install the device, but the woman refused further cooperation.

As a result, the court concluded that the law on consumer protection in this dispute is not applicable, since the equipment was purchased for business activities.

The delivery contract was recognized as a valid transaction. The court did not establish grounds for the return of paid funds and the recovery of additional amounts.

In satisfying the claims of Novosibirsk refused.

Earlier, “MK in Novosibirsk” reported that a resident of the city sued the store more than 157 thousand rubles after refusing to take back the smartphone purchased remotely.

Source: Московский комсомолец ↗

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