I won a case about an undelivered 3060Ti from morele.net! (Update 8/24/2022: Received the money)

[Disclaimer: This post has nothing to do with threat intelligence, osint, opsecs, natsecs and other secs. I post it here only because counterintelligence.pl is my site, the content of which is fully controlled, so it's more convenient for me to describe the matter here than to create posts on all social networks.]

TL; DR: I ordered a computer from morele.net (components selected separately to be assembled and sent to a finished PC) which included a GeForce 3060Ti card. The shop avoided sending the card and fulfilling the order, the price of the cards was rising, so I had no chance to buy it at the ordered price. I went to court. I won

Update 08/24/2022: The bailiff's enforcement went very smoothly, as early as Friday, August 19, I received the money on my account. Thanks again Sosnowscy Law Firm for handling the matter! In the end, I received almost PLN 8,800, which makes my 3060Ti perhaps the most expensive card in this series in history 🙂

Also, this is officially the end of the matter and my struggle. What am I going to do with this sudden cash flow? Some of them will be transferred to the account of the Armed Forces of Ukraine so that they can plant even more explosive apricots in the Russian army, which I also encourage you to do.

FAQ:

1. How long did it take? The computer was ordered in December 2020. The judgment became final in May 2022, and an enforcement clause was issued in July.
2. Was it worth it, but did it take a while? Of course it was worth it. Nothing irritates me more than companies that think they can ignore customer rights just because enforcing them is too burdensome for most people.
3. I didn't get RTX either 🙁 Does it mean that I will win in court? I don't know, I recommend consulting a lawyer. There is no precedent law in Poland, my judgment is not binding on other courts, even if it all depends on the facts of a given case. I used the services Sosnowscy Law Firm - exemplary approach to the client and substantive preparation, 10/10 would be suing again. Well, they won the case, so I recommend that you direct your steps with questions there 🙂
4. What is it like to win against apricots, okay, not good? In my opinion, it is not good or bad. If I were to say what I value the most in life, I would say people. Err ... People who gave me a helping hand when I couldn't cope when I was alone. Interestingly, it is random encounters that influence our lives. The point is that when one professes certain values, even seemingly universal ones, sometimes there is no understanding, so to speak, that helps us grow. I was lucky to say so because I found it. And thank you life. I thank him, life is singing, life is dancing, life is love. Many people ask me the same thing, but how do you do it? Where do you get this joy from? And I answer that it is simple, this love of life, it is it that makes me build machines today, and tomorrow ... who knows why not, I will devote myself to social work and I will just plant ... I mean ... carrots. (Very good 🙂)

All of us have been affected by problems with supply chains. For people like me, who decided that it was high time to replace the graphics card, an additional difficulty was mining cryptocurrencies, making the lust for money won with solidarity with the players' brothers and sisters and the cards disappeared from the market instantly. Without being discouraged, however, in December 2020 I placed an order with Morele.net for a whole new PC, which was to include one of the most praised designs based on Nvidia technology - the Gigabyte GeForce RTX 3060Ti Gaming OC 8GB card. I was aware of the availability issues and agreed that the order would be processed, as stated on the card description, in 35 days. A month has passed, however, and PCeta was not what pushed me to contact the store by phone. I didn't get much information, but I wasn't too disappointed yet, so I kept waiting.

Another month passed and at the end of February I renewed contact, especially since I saw the card prices soared and I knew that canceling the order and returning the payment will not help much when it comes to setting up my equipment. This time, however, it was already starting to grind, as the staff insistently refused to tell me which place in the line was my order. I heard that due to the different delivery time and the number of cards in delivery, the place in the queue is not reliable in terms of the lead time. This answer was quite surprising, as this was not the question, but I did not get an answer after I informed that I was accepting this disclaimer. The service, however, persisted and I had to accept the defeat in this battle. The following days, however, brought a positive surprise and a large dose of (illusory) hope. The order changed its status from "new" to "in progress", and I received an invoice for the purchase to commemorate this momentous event.

However, as dear readers may guess, the joy was premature. After the order was in progress, I contacted customer service and asked for information when the order would be shipped. The service allegedly contacted the logistics department, which was to set the expected course of the matter. The clash with reality came when the order regained the status of "new". However, contact with customer service only brought information that there was a problem with the product and the order could not be processed.

At this point, like tears in the rain, I lost all hope of an amicable and consensual settlement, and the time has come when it's better to call Saul. As mentioned in the introduction, I was further represented by the Sosnowscy Law Firm, which demanded the performance of the contract, sent a pre-court summons to deliver the goods or pay compensation that would allow me to buy the card at market price. At this point, it will no longer be a spoiler that this did not work and the case went to court. In June 2021, a lawsuit against MORELE.NET sp. Z oo was filed with the District Court in Bydgoszcz. For me, the case was quite clear, and the "problem with the product" that was discussed is illustrated by the two screenshots below:

It's not hard to guess when the second screenshot was taken. Interestingly, when asked why the price is being increased, despite the fact that the product is unavailable, I received the answer that as the orders are fulfilled, orders for future cards can be placed at a higher price. In the lawsuit, together with the attorneys, I argued that, in fact, the card was available on the market. She went to Allegro for over six thousand zlotys:

Of course, this is an even greater amount, but it was not me who took the order for the delivery of this card, and I did not take the payment for it in December. Additionally, Morele offered foldable PCets that also featured this chipset, but this never affected the status of my order.

Morele.net was struggling not only with the market realities, but also with its own sales system, which admitted that the allegedly unavailable card was sold in April 2021:

I will not speculate on how it really was and to whom the cards were sent. The answer to the statement of claim also did not bring any answers as the store did not actually respond to our arguments. The charming aspect was the allegation that my attorney was not properly empowered to withdraw from the purchase contract after my payment was returned 🙂 Anyway, the District Court agreed with my position, which it expressed in a relevant judgment:

Apricots did not apply for a justification, the judgment became final. The next steps were only related to obtaining the enforcement clause.

So it was. Unfortunately, it dragged on a bit, but I admit that I was satisfied with the ending and that the consumer managed to get his rights effectively.

PS PCeta and then the card itself I bought at a competitive store. The big advantage of the new supplier was that the order was completed. The apricots have not yet paid, so the case will go to a bailiff.