Consumer`s rights protection

Права потребителейBecause of the fact that consumers (people who purchase goods and services) do not know their rights, dishonest sellers use this. To explain Your rights as a consumer and avoidance violations of Your rights, we suggest you to read the following article.

According to Art.9 of the Law of Ukraine “On Protection of Consumers’” a consumer has the right to exchange appropriate quality non-food product for the same with the seller, from whom it has been acquired, if the product does not satisfy him in shape, size, style, color, profile or for other reasons cannot be used for its intended purpose.

A consumer has the right to exchange the product of the good quality within fourteen days, not including the day of purchase, unless a longer period is declared by the seller.

The exchange of the due quality product is taken place, if it has not been used and if it has kept marketable condition, consumer properties, sealing marks, labels, as well as the settlement document, issued to the consumer together with the sold product.

The list of goods which are not subjected to exchange (refund) approved by the Cabinet of Ministers of Ukraine.

Non-food products:

  • photographic tapes, photographic plates, photographic paper;
  • shapewear;
  • perfume and beauty products;
  • feather-down products;
  • children`s soft toys;
  • children’s inflatable rubber toys;
  • tooth brushes;
  • cigarette holders;
  • shaving machines;
  • shaving brushes;
  • combs, hair-picks and brushes for massage;
  • sordinos (for the winds);
  • treble chin;
  • gloves;
  • textile materials;
  • curtain lace and lacy cloth;
  • rugs(in meters);
  • underclothes;
  • linen;
  • stockings and socks;
  • goods in aerosol package;
  • media prints;
  • linear and sheet metal products, pipe products, lumber, wooden materials (cellulose fiber, conventional plywood), paving tile (wood fiber and particle board, plywood), and glass, cut to the size defined by the purchaser (customer);
  • audio and video tapes, discs for laser reading systems with the record;
  • products from natural and synthetic hair (wigs);
  • baby products (diapers, pacifiers, feeding bottles, etc.);
  • tools for manicure, pedicure (scissors, nail files, etc.);
  • jewelry made of precious metals, precious stones, precious stones of organogenic formation and semiprecious stones.

If there is no similar product on sale, a consumer has the right to purchase any other product from the assortment with following recalculation of the cost or terminate the contract and receive a refund equal to returned goods or exchange for the same product at the first receipt of corresponding product on sale. Seller shall inform the consumer that requires the exchange of goods on the day of product`s supply.

Upon the termination of the sale contract calculations are carried out with the buyer based on the value of the goods at the time of purchase. The money are paid for the goods should be returned to the consumer on day of the contract`s termination, and in case of failure to return the money on this day the money should be returned in other period agreed by the parties, but not later than within seven days.

According to the Cabinet`s of Ministers of Ukraine Act dated 03.19.1994 № 172 warranty period on seasonal products is calculated from the beginning of the relevant season:

The list of seasonal goods, which warranty period is calculated from the beginning of the relevant season:

– Clothes, fur and other products:

Spring and summer assortment – from 1 April

Autumn and winter assortment – from 1 October

– Shoes:

winter assortment – from 15 November to 15 March

spring and autumn assortment – from 15 March to 15 May

and from September 15 to November 15

summer assortment – from 15 may to 15 September

According to Paragraph(hereinafter – p.) 38 of the Rules of retail non-food products, approved by the Order of the Ministry of Economy of Ukraine dated 19.04.2007 № 104 (hereinafter – the Rules), the warranty period for seasonal products does not include the period of another season.

According to the p. 17 of the Rules it prohibits accepting and selling products, which the warranty period are set by the normative documents, without operating documents (technical passport or other document, which interchange it, etc.).

Upon the sale of the product which is subject of the warranty repair (servicing) or warranty replacement, the seller shall:

– in the presence of the customer verify the consumer`s properties of the product, availability of operational documents, including warranty card and detachable coupon for warranty service, completeness of the goods specified in the operational documents;

– inform the consumer about the rules of product`s use ;

– fill in the relevant sections of the warranty and the coupon of the warranty;

– provide information about enterprises (shops), carrying out warranty repair.

In case when the product requires work on the commissioning, a business entity shall provide relevant information to the consumer or ensure the execution of such works.

According to the p. 21 of the Rules the non-food products selected by the buyer can be put aside in consultation with the store administration. For this purpose, the receipt with checkout time should be issued. If the buyer hoes not pay in a check before agreed time, product is returned for sale.

Acquired large size goods (furniture, building materials, piano, refrigerators, washing machines, etc.) the consumer has the right to conclude the storage agreement of the goods with the seller on the term agreed by the parties in the storage agreement. The goods left for the storage is attached with the copy of the settlement document. The inscription “Sold” is placed on the goods. The seller is responsible for safety and quality of the goods during the storage period.

If the product does not have the technical passport or other document which it replaces, the starting point for filling of customer`s requirements is the date contained in accounting document. And if there is the technical passport or other document which replaces it with the date of sale the product marked on the document, if from the date of the sale warranty period was not run out.

In accordance with Part.5, 6 of an Arc.7 of the Law of Ukraine “On Protection of Consumers’ Rights, concerning products for which warranty periods or the expiry date are not set, the consumer is entitled to present to the seller (manufacturer, executor) the relevant requirements, if the defects were discovered within two years, and about the object construction – not more than ten years from the date of their transfer to the consumer. The seller can set a different warranty period (usually seller do this)

While performing warranty repair the warranty period is increased by the residence time of products to be repaired.

The defined time is calculated from the day when the consumer has addressed with the requirement to eliminate the shortcomings.

The requirements of the consumer are regulated by the law of Ukraine “On Protection of Consumers’ Rights. The requirements may be made by the buyer concerning of defective goods or in respect of a quality product.

Buyer has the right to substitute a product with proper quality to other similar product within 14 days of purchase under certain conditions, if the product has not been used and has kept its trade dress, consumer properties, seals, labels and settlement document.

In accordance with p. 15 of Art.1 of the Law of Ukraine “On Protection of Consumer Rights» № 1023-XII «defect – any product`s nonconformity to normative legal acts and normative documents, the terms of agreements or the requirements thereto, as well as product information provided by the manufacturer (performer, seller) “. If defect of products was reported to the buyer, this “disadvantage” becomes a condition for the quality of the product and this product matches the definition of “an adequate quality of the goods’ set out in p. 13 Article 1 of the Law of Ukraine” On Protection of Consumer Rights “number 1023-XII at provided that the consumer contract would be signed. Also, the definition of the contract is given in p. 7, Article 1 of the Law of Ukraine “On Protection of Consumer Rights» № 1023-XII «contract – oral or written dealings between the consumer and the seller (executor) on the quality, time, price and other conditions under which a products.

Confirmation of committing verbal transaction receipt is issued, trade or cash a check, tickets, receipts or other documents (hereinafter – the current document) “. The label or selling things on the sales receipt may be given the defect of production. This is done so that this defect became the clause of the contract and no longer a disadvantage.

Also, in accordance with Part. 2 Art. 5 of the Law of Ukraine “On Liability for damage caused due to a defect in the product» № 3390-VI, products can not be regarded as defective, only for the reason that after its introduction products of better quality was put into circulation.

According to p. 18 of the Rules of retail non-food products, approved by the order of the Ministry of Economy of Ukraine of 19.04.2007, № 104, payments for goods sold and services provided may be accomplished in cash and / or non-cash (with the use of payment cards, payment checks, tokens etc.)

In accordance with the law together with product to the consumer is mandatory given current document prescribed form for the full amount of the operation, confirming the fact of purchase of goods and / or services.

According to Art. 8 of the Law of Ukraine”On Protection of Consumers’ Rights”, in the case of detection during the warranty period a disadvantage consumer, in the manner and within the time limits established by law, has the right to demand:

  1. the proportional reduction of the price;
  2. unpaid elimination of product`s disadvantage within a reasonable time;
  3. compensation of expenses spent on the elimination of defects.

In case of detection substantial defects during the warranty period which arose through the fault of the manufacturer of the goods (seller, performer), or falsification of goods, confirmed, if it necessary, by conclusion of the examination, the consumer, in the manner and within the time established by law and on the basis of mandatory rules for the parties or contract, has the right, on its discretion to require from seller or manufacturer:

  1. termination of the contract and refund the money paid for the product;
  2. require replacement of the product for another one or equivalent, the among of available from the seller (manufacturer) goods.

For non-food products that were in use and were sold through retail trade enterprises commission, customer `s requirements, defined in the part one of this article, are satisfied with the consent of the seller.

Satisfy the requirements of consumers concerning goods for which the warranty period has not ended.

The requirements imposed on the consumer’s choice to the seller at the place of purchase of the product, manufacturer or company that satisfy these requirements at the location of the consumer.

During the replacement of the product with defects in the product of similar brand (model, modifications) of good quality, the price of which has been changed, recalculation of the cost is not performed.

During the replacement of the goods with defects on the same goods of another brand (model, modifications) of good quality recalculate the cost of goods with defects in the case of price rising made in terms of its value at the time of the exchange, and in the case of price reduction – based on the value at the time purchases.

Upon termination of the contract payments to the consumer in the event of a price increase for the goods carried out in terms of its value at the time of request, and in case of price reduction – based on the value of the goods at the time of purchase. The money paid for the goods, the consumer returned the day of termination of the contract, and in case of failure to return the money on the day of termination of the contract – in other period agreed by the parties, but not later than within seven days.

In the case of purchase by the consumer of food of poor quality seller is obliged to replace them with good quality goods or refund the money paid by a consumer, if the defects are found within the shelf life. At the same time calculations are made with the consumer in the manner prescribed by the third paragraph of this article of the seventh.

Upon presentation by customer`s requirement of free elimination of defects of product they must be eliminated within fourteen days from the date of requirement or on the parties agreement to another term.

Upon the written request of the consumer at the time of repair he is given (with delivery) product of similar brand (model, modifications), regardless of the model. To do this, the seller, manufacturer (enterprise that satisfies customer requirements, established the first part of this article) must create (have) exchange fund products. The list of such goods shall be defined by the Cabinet of Ministers of Ukraine.

List of goods, of which formed the exchange fund:

  • TV;
  • Microwaves;
  • Car stereo;
  • Kitchen Machines;
  • Tape-recorders;
  • Knitters;
  • Radio receivers;
  • Vacuum cleaners;
  • Refrigerators;
  • Electric irons;
  • Deep freeze;
  • Electric mixer;
  • Washing machines;
  • Electric juice squeezers;
  • Telephone devices, including mobile communication;
  • Personal computers and accessories parts for them;
  • Apparatus for recording and playback of picture and sound;
  • Electric kettles;
  • Hair dryers;
  • Electric coffee-making machines.

For each day of delay in fulfillment of the requirement to provide goods of the same brand (model, modifications), and for each day of delay deficiencies in excess of the period (fourteen days) the customer paid the penalty respectively, in the amount of one percent of the value of the goods.

With the elimination of deficiencies by replacing completing product or part of the goods for which the warranty period, the warranty period for new components and a component part shall be calculated from the date of issuance of consumer goods after repair.

A consumer has the right to submit to the manufacturer (seller) the requirement of free elimination defects in the goods after the end of the warranty period. This requirement may be filed within a specified period of service, and if this is not set – within ten years if the product were identified deficiencies (material weaknesses), admitted the fault of the manufacturer.

The requirements are considered after the presentation of the customer settlement document, and on goods for which the warranty period, – technical passport or other document which it replaces, with a note of the date of sale.

When selling goods seller is obliged to provide the consumer with the settlement document prescribed form, confirming the fact of purchase, with a note of the date of sale.

The requirements of a consumer are not subject to satisfy if the seller, manufacturer (enterprise that satisfies the requirements of the consumer, set the first part of this article) prove that the products` defects arose as a result of any breach of the consumer`s rules. A consumer has the right to participate in the verification of the quality of goods personally or through a representative.

In accordance with Part.4 Art.17 Law of Ukraine “On Protection of Consumer Rights” the consumer has the right to verify the quality, safety, completeness, measure, weight and price of the product that is purchased (ordered), demonstrating safe and proper use. At the request of the consumer seller (executor) is obliged to provide him with control and measuring equipment, instruments of quality, safety, price of products.

If during the warranty period, it is necessary to identify the causes of loss of quality, the seller (performer, producer) must within three days from the date of accept written consent of the consumer to organize the examination of the products. The examination is conducted at the expense of seller (performer, producer). If the findings of examination will prove that defects arose after the transfer of production to the consumer as a result of violation of the established rules for the use, storage or transport, or acts of third parties, the requirements of the consumer not subject to satisfy, and the consumer is obliged to compensate the seller (executor, the company which carries out its functions) the cost of the examination. The consumer, the seller (performer, producer)have the right to appeal the conclusions of the examination in court.