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Protection of consumer rights
A consumer – an individual or a legal entity intended to order or purchase, or ordering, purchasing or using goods (works, services) exclusively for personal, family, household or other needs not related to business activity.
A consumer shall have rights for the following:
- awareness in protection of consumer rights;
- information on goods (works, services) as well as their producers (contractors, sellers);
- goods (works, services) safety;
- free selection of goods (works, services);
- proper quality of goods (works, services);
- compensation of damages in full due to shortage of goods (works, services);
- protection of his/her rights;
- creation of consumer public associations;
- suggestions to producers (sellers) on improvement of quality of goods(works, services);
A consumer who was sold goods of improper quality has a right to demand at his/her discretion the following if it was not specified by a seller:
- exchange them for similar goods (model, type) or the other brand (model, type) with required adjustment of a purchase price;
- free fixing of goods defects or compensation of expenses for fixing defects by a consumer or the third person;
- rescinding of a sales contract;
- proportional reduction of a purchase price.
At the same time, the consumer has a right to also demand full compensation of damages due to sale of goods of improper quality.
A consumer has a right to exchange technically complex or expensive goods in case of finding essential goods defects (essential violations of quality specifications). The list of technically complex goods is approved by the Government of the RT.
The consumer has a right to make demands to a seller or a manufacturer with regard to goods defects if they were found during a warranty or usability period set by the manufacturer.
As for goods without a warranty or usability period, the consumer has a right to make mentioned demands if the goods defects were found during 6 months but within 2 years since their handing over to a consumer if longer periods were not set by the law or an agreement.
In case of finding goods defects which features do not allow to fix them a consumer has a right at his/her discretion to demand exchanging them to goods of proper quality or proportional reduction of a purchase price or to rescind an agreement.
The consumer has a right to return goods of improper quality to a manufacturer and demand reimbursement. Upon reimbursement to a consumer of a paid sum a seller cannot withheld an amount to which a goods price dropped due to full or partial use of goods, loss of a sales condition or other similar reasons.
Lack of a document confirming goods purchase cannot be a reason for refusal in satisfaction of consumer demands.
A seller (manufacturer) or organization acting as a seller (manufacturer) should take back goods of improper quality from a consumer based on an agreement with him/her and in case of necessity to check the quality of goods.
Upon dispute about reasons of goods defects a seller (manufacturer) or organization acting as a seller (manufacturer) should make goods examination at its own expense based on an agreement with a consumer. The consumer should be notified in writing about the place and time of examination. A consumer has a right to participate in examination of goods quality personally or through his/her representative. A consumer has a right to contest findings of this examination judicially.
As for goods with a warranty period, a seller (manufacturer) or organization acting as a seller (manufacturer) is responsible for their defects based on an agreement with a consumer if it will not be able to prove that these defects emerged after handing over goods to a consumer due to violation of use rules, storage and transportation of goods, activity of third persons or force-majeure.
Damage caused to consumer’s life, health or property due to mechanical, manufacturing, formula or other defects of goods (works, services) is subject to complete compensation.
Any complainant has a right to demand indemnification for damages caused due to goods (works, services) defects regardless of whether he/she had contractual relations with a seller (contractor) or not.
Damage caused to consumer’s life, health or property is subject to compensation if it was done during a fixed period of serviceable life of goods (works, services).
If according to legal-regulatory acts of the RT a producer (contractor) should set a period of serviceable life of goods (works) and it was not done or a consumer who bought goods (works) and was not informed about necessary actions upon expiration of a period of serviceable life and possible consequences of failure to carry out the actions mentioned above damage shall be subject to compensation regardless of time of its infliction.
If in accordance with current Law a producer (contractor) did not set a period of serviceable life of goods (works) damage should be subject to compensation in case of its infliction during 10 years since the day of goods handing over to a consumer and if it is not possible to determine the day – since a production date (completion of works).
Damage caused due to goods defects is subject to compensation by a seller. Damage caused due to defects (shortcomings) of works or services is subject to compensation by a contractor.
A producer (contractor) is responsible for damage caused to consumer’s life, environment or property due to use of materials, equipment, tools and other means necessary for production of goods (execution of works, providing services) regardless of whether the level of scientific and technical knowledge allowed to reveal their specific characteristics or not.
A producer (contractor, seller) is not responsible if he/she could prove that damage caused due to force-majeure or violation of fixed use rules, storage and transportation of goods (works, services) by a consumer.
Moral damage caused to a consumer due to violation by a producer (contractor, seller) of consumer rights provided for by the legislation shall be compensated by a person who caused damage in case of his/her fault.
Moral damage shall be compensated regardless of material damage subject to compensation. Moral damage shall be compensated in cash. Moral damage shall be determined by the court.
Basic legal-regulatory acts:
- Civil Code of the RT (part 1), 1999.
- Law of the RT “On consumer rights”, 2004.