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I wanted to try
Feliksas, who wrote for “Kauno diena”, spoke about the conflict with the company “Bitė Lietuva”. The man indicated that he had moved to a new home, so he wanted to install the Internet at home, but wanted to test the Internet before signing a long-term contract.
The Kaunas resident said he turned to another Internet provider first. In a salon, they gave him an Internet router to test, he tried it at home, but the quality was not satisfactory, so he returned the equipment. So he decided to try Bitė’s services. The salon also asked the router to test it. But this time things turned out quite differently.
“I went to the Bitė salon on Savanorių Avenue. As in Telia, I was hoping to buy a router. The salon didn’t have them and the clerk offered to buy a new router with a SIM card. They assured me that based on a map showing where their connection, everything has to work fine, and if it does not work, I will be able to return it without any problem. In the terms of the contract, I made it clear that I was looking for residential Internet and would use it for several purposes: Internet TV, games, YouTube, etc. They assured me that the proposed Internet package will definitely meet these needs, “said Felix.
For me, the staff lied more than once.
However, the purchase of a router and a SIM card revealed that the Internet at home was not working according to the instructions of the telecommunications company. According to the Kaunas resident, the Internet was constantly blocked, it was not possible to watch Internet TV, the Internet speed often dropped, so he was not satisfied with such service.
“In case of conflict, I first contacted the Communications Regulatory Authority and received an explanation that the operation of the portable Internet depends on the load of the base station and other factors, even the direction of the wind! Portable Internet operation is not a matter of routine, especially for someone So, in this case, Bitė employees, having listened to my needs, which I would raise them very clearly and specifically, had to tell me the advantages and disadvantages of the service, but they didn’t, “said the dissatisfied customer of the Internet service.
The customer stated that Bitė Lietuva had misled him both about the quality of the Internet and about the possibility of returning the equipment. (Photo by Vilmantas Raupelis)
Equipment cannot be returned
Upon being informed that the router could be returned if the quality of service did not meet the needs, Feliksas packed up all the purchased equipment and brought it to the Bitė room. However, the staff refused to accept the equipment. According to the law, electronic products cannot be returned if they do not have manufacturing defects.
“The information provided during the purchase that I will be able to rescind the contract and return the router within two weeks turned out to be false, because I cannot return the equipment. The staff lied to me more than once. Here, the salon staff in Kaunas, Savanorių Avenue “It was later revealed that they only air in the” Akropolis “and” Mega “rooms in Kaunas. If the salon staff had offered to go to one of them, they would have received a router to test and all this delay would not have been “, – the company” Kaunas was outraged by the lies of Bit empleados Lietuva employees.
The man stated that the contract with Bite was signed on January 20. Not being able to solve the situation in a beautiful way, on January 30. Bite was served with a signed claim and on March 9. the complaint was referred to the State Service for the Protection of Consumer Rights (SCRPA).
“Before the complaint reached SCRPA, in one of the responses, Bitė representatives stated that if I had brought the router undamaged into the room, I would have accepted it. This is not true again, because I did not do anything with it, the Bit employees, and I used it at home only for a couple of days, I brought to the salon exactly the same thing I received from the employee after inserting the SIM card, all not only in the original packaging, with all accessories, instructions, etc. , but also in the same Bitė bag. “He refused even to take the box out of the bag – he said he would definitely not accept it. No one offered to inspect the router, but explained that I supposedly did not return or that it was damaged “- asked Felix.
Internet was constantly clogged, it was not possible to watch Internet TV.
Warning letters
The man said the consumer rights office had taken a long time to process his complaint. In June, the client had received the last letter stating Bitė Lietuva’s position on the alleged non-return of the router. The silence continued again, dissipating in early August when the client received warning letters that Bite had to pay the resulting debt for Internet equipment and services.
“Although there is still an unresolved complaint with the SCRPA, they reported that if they do not pay the debt within fifteen days (110.65 euros), they will pass my personal information to the debt collection companies. This behavior by Bitė is against the law, according to SCRPA an institution whose decisions can only be challenged in court and all obligations must be frozen until a final decision has been reached from both parties. However, Bite has decided that he is above state institutions, he never makes mistakes and can act as he sees fit “, – Felix de Kaunas resented.
He assured “Kauno diena” that due to the debt letter he repeatedly called the specified customer service numbers of the company “Bitė Lietuva”, but did not answer anything. The consultants who responded constantly repeated that the debt had to be covered, and if SCRPA decided that Bitė Lietuva had made a mistake, the money would be returned to the client.
“After all, they themselves said that I could return the router, they themselves said that the Internet would definitely be of high quality and there would be no problems, why do I have to pay to get confused and sell a service that does not suit my needs?” The customer asked rhetorically.
Resolve the problem?
“Kauno diena” contacted representatives of the company “Bitė Lietuva” and asked them to comment on the situation. We asked them if the staff had not misled the client and why they had received a letter that they were in debt if SCRPA had not yet made a final decision. The telecom providers apologized to the customer and indicated that the problem was now resolved.
“We are sorry for the frustrating situation. Although high quality hardware purchased from a salon or store cannot be returned by law, we understand that the customer was misled by our own colleague. In this case, we must honestly admit that we were unable to control the expectations of the customer. customer within fourteen days.
When trying to terminate the contract and return the equipment, we probably did not have enough flexibility as there was no formal basis for this: the equipment was stable, the connection at the place of use was strong, and the data consumption was extremely high. However, we had to accept equipment for return that did not meet the customer’s expectations, ”said Jaunius Špakauskas, Bitė representative.
However, Feliksas, who was disappointed with the service and quality of service from Bitė employees, assured “Kauno diena” that he had not received any information from the company that the problem had been resolved and the router was still packaged. It was in her closet, because nobody accepted it. Therefore, the man was shocked that the representatives of “Bitė” complained, although in reality no one in this story has moved.
Office position
Due to the conflict between the client and Bitė Lietuva, SCRPA also presented its position. Their representatives explained to Kauno Diena that the Civil Code (CC) stipulates that before entering into a contract with the consumer, the entrepreneur must provide the consumer in a clear and understandable way with the necessary, correct, complete and non-misleading information about the goods sold and the services provided. Failure to do so will require merchants to compensate the consumer.
In addition, SCRPA reported that the return and exchange of merchandise is regulated by the Retail Rules and the CC. If the goods are of adequate quality, in accordance with article 6.362 of the CC, the buyer has the right to replace the purchased items with similar dimensions, shape, color, model or integrity within fourteen days after delivery of the goods not food, unless the seller establishes a longer term. items, or return the items to the seller and get the price paid for them back.
“It is important to note that the buyer’s request to replace or return the items is satisfied if the items have not been used, damaged, their consumables and items have not lost their commercial appearance, and the buyer has evidence that they purchased the items from a particular seller. “Point 17 of the Retail Rules establishes a list of products that can only be returned in good quality with the consent of the seller. Products like a consumer purchased router are included in this exclusive list, “SCRPA stated.
Office representatives assured that each dispute is evaluated on an individual basis, so it sometimes takes a long time to process. SCRPA explained that it was necessary to assess what information was provided to the consumer by the service provider before concluding the contract and what specific terms of the contract were agreed upon by the parties, that is, the consumer and UAB Bitė Lietuva.
“The final decision on the validity of the consumer’s application, after analyzing all the collected evidence and other written documents, will be made by the SCRPA collegiate commission. The consumer must make a decision in the near future. In addition, the SCRPA will contacted the company to clarify the circumstances. The company received an explanation from the company that an error had occurred and the debt collection procedure had been canceled “, – the SCT specialists who examined the complaint indicated that Bitė should no longer send debt warning letters to Felix.
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