PRE-TRIAL CLAIM for the exchange of a Thermomix brand food processor
Attention!
The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.
To the Director of Holding Leader KZ LLP BIN 190740029008
Nur-Sultan, Satpayev str., 23/2
Chairman of the Board of Kaspi Bank JSC M. Lomtadze
BIN 971240001315 Almaty, Nauryzbai batyr str., 154/a
from: ............... IIN ............... Nur-Sultan, Koshkarbayeva St.………
Proxy representative: Law and Law Law Company LLP
BIN 190240029071 Almaty, 79/71 Abylai Khan ave., office 304.
info@zakonpravo.kz / www.zakonpravo.kz + 7 727 971 78 58; +7 708 971 78 58.
PRE-TRIAL CLAIM
March 31, 2021 Kalisayeva. (Hereinafter referred to as the buyer) through the app "Kaspi.kz " I purchased a Thermomix TM6 food processor (hereinafter referred to as the product) from Holding Leader KZ LLP (hereinafter referred to as the seller). An installment agreement No. R6891123 (hereinafter referred to as the Agreement) was concluded between the seller and the buyer in the amount of 795,000 tenge through the bank of Kaspi Bank JSC. A 2-year warranty service agreement was also signed. As follows from the requirements of paragraph 1 of Article 292 of the Civil Code of the Republic of Kazakhstan, the fulfillment of an obligation may be secured by a penalty, pledge, retention of the debtor's property, surety, guarantee, deposit, security contribution and other means provided for by law or contract. After using this product, Kalisaeva S. the product has become unusable. Although the seller gave a 2-year warranty for this product upon purchase. In this regard, the buyer handed over the goods to the seller and asked to determine the cause of the malfunction and replace this product with a new one. However, the latter's request was ignored by the management of Holding Leader KZ LLP. Which contradicts the Law on Consumer Protection.
PRE-TRIAL CLAIM for the exchange of a Thermomix brand food processor
Moreover, on 06/11/2021, Kalisaeva S. submitted a written statement to the seller indicating the above-mentioned problem. However, the latter's appeal to the seller's management was ignored. Thus, Article 11 of the Law of the Republic of Kazakhstan "On the procedure for considering appeals from individuals and legal entities" was violated. Also, the seller, having accepted the defective product, did not issue a defect certificate and for one month does not give any response on the product and does not replace the product with a new one. This contradicts Article 14 of the Consumer's right to exchange or return goods of proper quality to the Consumer Protection Act. Thus, the buyer gets the impression that the seller, using the name of the national brand of Kaspi Bank JSC, is engaged in illegal actions. This fact discredits the name of the national brand of Kaspi Bank JSC. I think that Kaspi Bank JSC should think about further cooperation with Holding Leader KZ LLP. In accordance with Part 2 of Article 157 of the Civil Code of the Republic of Kazakhstan, a transaction is declared invalid if the requirements for the form, content and participants of the transaction, as well as for their freedom of expression, are violated on the grounds established by this Code or other legislative acts.
PRE-TRIAL CLAIM for the exchange of a Thermomix brand food processor
By virtue of Part 1 of Article 158 of the Civil Code of the Republic of Kazakhstan, a transaction, the content of which does not comply with the requirements of the law, is disputed and may be declared invalid by a court. In addition, the ignorant, rude attitude of the staff (Consultants) is a drinkable violation of the Buyer's rights The Seller, namely Ishmanova Zhanar with the Buyer. Since before the sale of the goods, they do everything for the customer to buy and are ready to solve all problems themselves in case of a refund, and when it came to a refund, everyone had nothing to do with it and could not help, completely ignoring the Buyer's demands and not sending to the Seller's head office to consider the complaint on the merits of the buyer's claim. If the Seller does not respond to these problems, the Buyer will write advising reviews on the Seller on the Kaspi Bank website and on other social networks and Internet resources. According to the requirements of paragraph 1 of Article 6 of the Civil Code of the Republic of Kazakhstan, the norms of civil legislation must be interpreted in accordance with the literal meaning of their verbal expression. If there are possible different understandings of the words used in the text of legislative norms, preference is given to the understanding that corresponds to the provisions of the Constitution of the Republic of Kazakhstan and the basic principles of civil legislation set out in this chapter, primarily in its article 2. According to paragraph 1 of Article 113 of the Civil Procedure Code of the Republic of Kazakhstan, at the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of the costs actually incurred by the party. For property claims, the total amount of these expenses should not exceed ten percent of the satisfied portion of the claim. According to non-property requirements, the amount of expenses is collected within reasonable limits, but should not exceed three hundred monthly calculation indices. 152 and 279 of the Civil Procedure Code of the Republic of Kazakhstan and Article 402 of the Civil Code of the Republic of Kazakhstan, stipulating that the judge returns the statement of claim, and the court leaves the statement of claim without consideration if the plaintiff fails to comply with the pre-trial procedure established by law for this category of cases, the mandatory procedure for preliminary pre-trial dispute resolution and the possibility of this procedure is not lost and preserved.
PRE-TRIAL CLAIM for the exchange of a Thermomix brand food processor
We hereby suggest that you voluntarily replace the defective product or refund the funds in the amount of 795,000 tenge. If you do not replace the goods or do not return the funds in the amount of 795,000 tenge, we reserve the right to apply to the court on this issue. As well as the recovery of the amount of material (damages and penalties, Article 351 of the Civil Code of the Republic of Kazakhstan) in the amount of 795,000 tenge, as well as representative services in the amount of 800,000 tenge, also apply to other competent authorities.
Yours sincerely,, ________/ CS. "___"______2021
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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