The varied and the availability of goods and services, acts, when those who provide goods and services (performers), violate the rights of consumers. In this case the consumer does not always know their rights, gets into trouble related to the improper performance of their duties by the Executive.
To avoid the above situation, we suggest that you familiarize yourself with the general provisions regarding your rights as a consumer of goods and services.
First let's define the term "deficiency" and "significant disadvantage".
significant disadvantage - Lack of which makes it impossible or impermissible use of the goods in accordance with its designated purpose, there was the fault of the manufacturer (seller, artist), after its removal appears again for reasons independent of the consumer and thus endowed with at least one of the following characteristics:
- He generally can not be eliminated;
- Its removal requires more than fourteen calendar days;
- He is doing much good other than that provided by the contract;
lack - Any lack of production to requirements of normative legal acts and normative documents, the terms of contracts or requirements that apply thereto, as well as information about the products provided by the manufacturer (performer, seller).
Consumer rights in case of acquisition of goods of improper quality:
1. In case of detection during the warranty period specified deficiencies consumer, in the manner and within the time are established by law, is entitled to claim:
- A proportional reduction of the price;
- Free elimination of defects in the goods within a reasonable time;
- Reimbursement to address the deficiencies of the goods.
In the case of detection for specified warranty period of significant deficiencies that are the fault of the manufacturer of the goods (the seller, artist) or falsification of goods, confirmed the need for the withdrawal of examination, the consumer, in the manner and at such times as set by law and on the basis of mandatory rules for the parties or the contract has the right to choose to require the seller or manufacturer:
- Termination of the contract and return paid for the goods a sum of money;
- To demand substitute goods for the same goods or similar, from among the available from the seller (manufacturer) goods.
Regarding non-food items that were in use and have been implemented through retail commission trade enterprises, the requirements consumers are satisfied with the consent of the seller.
Requirements are presented to the consumer consumer choice to the seller at the place of purchase, manufacturer or company that satisfies these requirements at the location of the consumer.
Delivery of bulky goods and goods in excess of five kilograms of the seller, the manufacturer (the company that satisfies the requirements of the consumer) and return them to the consumer shall be covered by the seller, the manufacturer (the company that satisfies the requirements of the consumer).
If there is good consumer demand for a replacement shall be subject to immediate satisfaction, but in case of a need for quality control -- for fourteen days, or by agreement of the parties.
In the absence of good consumer demand for a replacement should be granted within two months from the filing of an application. If you meet the consumer demand for substitute goods within the prescribed period is impossible, the consumer has the right to choose to present to the seller, manufacturer (the company that performs its functions) other requirements.
During the replacement of the goods with defects in the goods of similar brand (model, article, modification) of good quality, the price of which has changed, recalculate value is not performed.
During the replacement of the goods with defects on the same product a different brand (model, article, update) the quality of recalculation of the cost of the goods with deficiencies in the case of price increases made on the basis of its value at the time of exchange, but in the case of price reduction - based on the value at the time of purchase.
When you break the contract payments to the consumer in case of price increases on goods carried on the basis of its value at the time of presentation of the requirements, and in the case of price reduction - based on the value of the goods at the time of purchase. The money paid for the goods returned to the consumer on the day of termination contract, and in failing to return the money the day of termination of the contract - in another time period by agreement of the parties, but no later than during the seven days.
If you purchased a consumer food products of inadequate quality seller is obliged to replace them with products of good quality or return consumer paid them money, if the deficiencies identified within the term fitness.
When presenting the consumer demands for free elimination of defects in the goods they must be removed for fourteen days from the date of presentation of the claim or the parties agree to another term.
At the written request by the consumer at the time of repair is granted (with delivery) the same product brand (model, article, update) regardless the model. For the seller, the manufacturer (the company that satisfies the requirements of the consumer) are required to create (have) the exchange fund products. The list of such goods is determined by the Cabinet of Ministers of Ukraine.
For each day of delay in the requirement of the provision of goods similar brand (model, article, modification) and for each day of delay in removing deficiencies over the time limit (fourteen days) the consumer pays the penalty in the amount of one per cent of the value of the goods.
With the elimination of deficiencies by replacing components or part of the goods, which are set warranty period, warranty period for new components and an integral part is calculated from the date of issuance of consumer goods after repairs.
The consumer has the right to bring the manufacturer (seller) the requirement of free elimination of defects in the goods after the warranty period . This requirement may be submitted during the prescribed period of service, and if this is not set - for the past ten years, if the product identified weaknesses (significant deficiencies), admitted the fault of the manufacturer.
Customer requirements are considered after the presentation of a consumer settlement document, and on goods which are installed warranty term - technical passport or other document which it replaces, with a note of the date of sale.
During the sale of the goods the seller must provide the consumer settlement document in the prescribed form, which certifies the fact of purchase, with a note of the date sale.
Requirements for products manufactured outside of Ukraine, met by the seller (importer).
Requirements are not subject to the satisfaction of the consumer, if the seller, the manufacturer (the company that meets the requirements of the consumer) will prove that defects of the goods occurred due to violations of consumer product regulations for the use or storage. The consumer has the right to participate in the verification quality of the goods in person or through his representative.
Consumer rights when buying goods of good quality.
The consumer has the right to exchange non-food products of good quality for the same seller from whom it was purchased, if the goods are not satisfy its shape, dimensions, a style, color, size, or for some other reason they can not be used for other purposes.
The consumer has the right to exchange the goods of good quality for fourteen days, not including the date of purchase.
The exchange of goods of good quality made, if it is not used, and if retained his presentation, consumer characteristics, seals, labels, and as a settlement document provide the consumer with the goods sold.
If at the time of the exchange of similar goods is not in the sale, the consumer has the right or to purchase any other products from the existing range with the corresponding recalculation of the cost, or terminate the contract and get back the money in the value of returned goods, or to exchange goods at similar at the first entry of the goods on sale. The seller must on the day of receipt of the goods on sale to inform the consumer, who requires the exchange of goods.
When you break the contract of sale transactions with consumers are conducted based on the value of the goods at the time of purchase. The money paid for the goods returned consumer in the day the contract is terminated and in case of inability to return the money in the day cancellation of the contract - in another time period by agreement of the parties, but not later than seven days.
Consumer rights in case of breach of contract for works (services).
The consumer has the right to withdraw from the contract of works (services) and to claim damages if the Executive timely not begun to implement their obligations under the contract or does the work so slowly that they finish it at a certain time becomes impossible.
If a significant portion of the volume of services or works (more than seventy percent of the total) have been met, the consumer has the right to terminate the contract only on part of the services or work that remained.
If during the execution of works (services) will become obvious that they will not be fulfilled through the fault of the Executive in accordance with the terms of the contract, the consumer has the right to appoint the Executive a reasonable time to correct the deficiencies, and in case of failure to do so in a certain term - to terminate the contract and claim damages or to request correction of deficiencies to a third party by the artist.
In the case of identifying deficiencies in the work performed (services) the consumer has the right to choose to require:
- Gratuitous address shortcomings in the work performed (services) within a reasonable time;
- A corresponding decrease in the price of the work performed (services);
- Gratuitous manufacture other items from the same material and the same quality or re-execute work;
- Compensation for losses caused to him to address the shortcomings of the work performed (services) by their forces or with the assistance of a third person;
- Realization of other rights, which under the existing legislation on the date of conclusion of the contract.
These requirements shall be met in case of detection of defects during the reception of the work performed (services) or during performance (provision), and in failing to identify gaps in the reception of the work performed (services) - for warranty or other term established by the contract, for two years from the date of adoption of the work performed (services) in the absence of warranty or other term established by law or contract.
In the presence of works (services), significant shortcomings consumer has the right to claim breach of contract and damages.
If the singer can not perform the work (to provide a service) in accordance with the contract for each day (every hour, if the duration execution is defined in hours) of delay the consumer paid a fine of three percent of the value of work (services), unless otherwise provided by law. If the cost of work (services) is not defined, the executor pays the consumer a penalty equal to three percent of the total cost.
Payment of the Executive of the penalty (fine), as set out in the event of failure, of delay or other improper fulfillment of obligations, not relieve him from the obligation in kind.
Contractor has to be a full month to compensate for losses that have arisen in connection with the loss, damage or injury thing, adopted them from the consumer for work (services). Contractor is not relieved from liability if the level of its scientific and technical knowledge has not given opportunities discover the special properties of things, adopted them from the consumer to carry out work (services).
Consumer rights in the event of purchasing them on credit products
Contract for the provision of consumer credit is made between the lender and the consumer, whereby the lender provides means (consumer credit) or takes an obligation to offer their consumers to purchase products in an amount and under conditions set contract, and the consumer must return them, together with accrued interest.
There is a proposal of consumer credit warnings about the possibility of him during the acquisition of products.
Before signing the contract on the provision of consumer credit lender is obliged to inform the consumer in writing of:
1. The name and location of the lender;
2. Credit conditions, in particular:
- The purpose for which consumer credit may be used;
- Forms of delivery;
- Existing forms of credit with a short description of the differences between them, including between the obligations of the consumer;
- Type of interest rates;
- The amount by which credit may be issued;
- Approximate total cost of credit and the cost of services for processing of loan agreement (a list of all the costs associated with obtaining the loan, his service and return, in particular, such as administrative costs, costs
- Insurance, legal registration, etc.);
- The term for which credit may be obtained;
- Options for repayment, including the number of payments, their frequency and volume;
- Possibility of early repayment and its terms;
- The need for assessment of property and, if such an assessment is needed, by whom it is carried out;
- Tax treatment of interest payments and state subsidies, which the consumer has the right, or information from whom the consumer can get detailed information;
- Advantages and disadvantages of the proposed loan scheme.
Lender has no right to demand from the consumer information that does not relate to its ability to pay and are not necessary for the provision consumer credit.
Personal data received from the consumer or other person in connection with the conclusion and implementation of the agreement on the provision of consumer credit, may be used only to assess the financial condition of the consumer and its ability to fulfill the obligation under such contract.
Contract for the provision of consumer credit shall be in writing, one of the originals of which transferred to the consumer. Duty to confirm the fact that one of the original contract was transferred to the consumer lies with the lender.
The consumer is not obliged to pay any lender fees, interest or other cost elements of credit, which were not specified in the contract.
The contract for the provision of consumer credit notes:
1. The amount of the loan;
2. A detailed inventory of the total cost of credit to the consumer;
3. Date of issuance of the loan or, if the loan will be issued to units, dates and amounts of such parts of the loan and other conditions of the loan;
4. The right of early repayment;
5. Annual interest rate for a loan;
6. Other conditions specified by law.
The contract for the provision of consumer credit may be noted that the interest rate for a loan may vary depending on changes in accounting rate of the National Bank of Ukraine or in other cases. On the change in interest rate on consumer credit reports consumer lender writing for seven calendar days from the date of its change. Without such communication, any change in interest rates is not valid.
For contracts with consumers for the provision of consumer credit, the provisions on unfair terms in contracts, in particular the provisions according to which:
1. For the provision of credit to transfer as ensuring the full amount or part of the loan amount or use in whole or in part to a contribution to the deposit, repurchase securities or other financial instruments, except when the consumer receives a deposit, securities or other financial instruments equal or greater rate as the rate on this loan;
2. The consumer is obliged during the contract to conclude another agreement with a lender or a third person, identified lender, except when signing the contract required by law and / or when the cost of this contract expressly provides of the total cost of credit to the consumer;
3. Are assumed to change at any cost under the contract, except the interest rate;
4. Discriminate on consumer rules changes in interest rates.
The consumer has the right for fourteen days to withdraw its consent to signing a contract on the provision of consumer credit without explanation. This period begins with the transfer of the customer copy of the signed contract.
Withdrawal of consent by a written message that the consumer is obliged to submit in person (or through an authorized representative) or send the lender to the end of the period.
With the withdrawal of consent to conclude a contract on the provision of consumer credit consumer must also return the vehicle or the lender goods received in accordance with the contract.
The consumer also pays the interest for the period between receipt of funds and their return at the rate established in the contract.
The consumer is not obliged to pay any other charges in connection with the withdrawal of consent.
The lender must return the consumer money paid to them in accordance with the Treaty on the provision of consumer credit, but no later seven days. For each day of delay the return of consumer funds paid to them in accordance with the Treaty on the provision of consumer credit than the deadline (seven days), the consumer pays the penalty in the amount of one per cent of the amount due to the return a lender.
Right of withdrawal of consent does not apply on:
- Consumer loans secured by mortgage;
- Consumer loans for the purchase of housing;
- Consumer loans granted for the purchase of services, implementation of which took place by the end of term withdrawal of consent.
The consumer has the right to early repayment of consumer loans, including by increasing the amount of periodic payments.
The right of consumers to information about products
The consumer has the right to relevant, accessible, reliable and timely information about the products, which enables her conscious and competent choice. Information should be provided to the consumer before the acquisition of goods or the order of work (services). Information about products not considered advertising.
Product information should contain:
1. The product name, names or reproduction of the mark for goods and services for which they are implemented;
2. The name of normative documents, which must meet the requirements of domestic products;
3. Data on basic properties of the product, and about food - the composition (including a list of used in the process of making raw materials, including food supplements), the nominal amount (mass, volume, etc.), food and energy value, the conditions use and warnings about the use of their individual categories of consumers, as well as other information, which applies to specific product;
4. Information about the content of harmful substances, which established regulations, and warnings the application of a separate product, if such warnings established regulations;
5. Mark the presence in it of a genetically modified components;
6. Data on the price (tariff), the conditions and rules of the acquisition of products;
7. Date of manufacture;
8. Information about storage conditions;
9. Warranty of the manufacturer (performer);
10. Rules and conditions for effective and safe use of products;
11. Shelf life (lifetime) of goods, information about the necessary actions after the end of the consumer, as well as the possible consequences of case of failure of these actions;
12. The name and location of the manufacturer (performer, seller) and enterprises that carry out its functions on the adoption claims from customers, and also carries out repairs and maintenance.
Information about services related to the concert, tour and concert, contest, festival activities, should contain data on the use or non-performers of musical works Phonograms own vocal, instrumental, vocal and instrumental music performance work with music or without it phonograms own musical accompaniment to the vocal, instrumental, vocal and instrumental perform musical works.
Product information may be posted in places where it is implemented, as well, with the consent of the customer provided him with funds telecommunication.
The seller (performer), which sells its products must necessarily mark the price of each unit of a product or a product category and price one standard unit of this product.
Inscriptions on the price of products must be clear and easy to understand.
Price products must include all taxes and other mandatory payments, which in accordance with the law paid by consumers during the acquisition of related products.
Judicial protection of consumer rights
Protection of consumer rights provided by law, by the courts.
In meeting the requirements of the consumer at the same time the court decides the question concerning the non-pecuniary (moral) damage.
Consumers are exempt from paying the state fee for any claims, which related to violation of their rights.