How consumers can protect their rights when buying goods (+ complaint templates)

First of all, it should be understood that buying any product in a store, supermarket or even online, we enter into a retail contract, which is governed by the Civil Code of Ukraine (Section III CERTAIN TYPES OF OBLIGATIONS, subsection 1 CONTRACTUAL CONTRACTS, 54 PURCHASE-SALE § 2. Retail purchase-sale).

The contract of retail sale is public (Part 2 of Article 698 of the Civil Code of Ukraine), ie the sale is made to any person who applies, the terms of such an agreement are the same for all persons. Such an agreement is usually oral. Confirmation of such an agreement is a receipt, commodity or cash receipt, ticket, coupon, settlement document (paragraph 7 of Article 1 of the Law "On Consumer Protection"). Therefore, the presence of these documents in the original is necessary to apply for consumer protection.

Shopping in online stores, through social networks, etc. is also a contract of retail sale and they are subject to all provisions on the rules of retail trade and consumer protection.

A consumer is a natural person who purchases, orders, uses or intends to purchase or order products for personal needs not directly related to entrepreneurial activity or performance of duties of an employee (paragraph 22 of Article 1 of the Law "On Protection of Rights"). consumers ").

Consumers during the conclusion, change, execution and termination of contracts for the receipt (purchase, order, etc.) of products, as well as the use of products sold in Ukraine, to meet their personal needs are entitled to (Article 4 of the Law "On Protection of Rights" consumers "):

1) protection of their rights by the state;

2) proper quality of products and services;

3) product safety;

4) necessary, accessible, reliable and timely information in the state language about the product, its quantity, quality, range, its manufacturer (performer, seller) in accordance with the Law of Ukraine "On ensuring the functioning of the Ukrainian language as the state language";

4-1) service in the state language in accordance with the Law of Ukraine "On ensuring the functioning of the Ukrainian language as the state language";

5) compensation for property and moral damage caused as a result of product defects (defect in products), in accordance with the law;

6) appeal to the court and other authorized state bodies for protection of violated rights;

7) associations in public consumer organizations (consumer associations).

Ways to protect the rights of the consumer who purchased the product depend on whether the product was purchased of proper quality or improper.

 Consumer rights in case of purchase of goods of improper quality

In case of detection of defects within the established warranty period, the consumer, in the manner and within the time limits established by law, has the right to demand (Part 1 of Article 8 of the Law "On Consumer Protection"):

1) proportional reduction of the price;

2) gratuitous elimination of defects of the goods within a reasonable time;

3) reimbursement of expenses for elimination of defects of the goods.

In case of detection during the established warranty period of significant defects caused by the fault of the manufacturer of the goods (seller, executor), or falsification of the goods, confirmed if necessary by the conclusion of examination, the consumer, in the order and in the terms established by the legislation. parties to the rules or contract, has the right to choose from the seller or manufacturer:

1) termination of the contract and return of the amount paid for the goods;

2) require the replacement of goods with the same goods or similar, from among those available from the seller (manufacturer), goods.

The consumer's requirements established by part one of this article shall be presented at the consumer's choice to the seller at the place of purchase of the goods, to the manufacturer or to the enterprise that satisfies these requirements at the consumer's location. The consumer has the right to make one of the requirements provided for in part one of this article, and in case of non-compliance to declare another requirement provided for in part one of this article (Part 3 of Article 8 of the Law "On Consumer Protection").

Consumer claims are considered after presentation by the consumer of the settlement document, and for goods for which the warranty period is set - a technical passport or other document that replaces it, marked with the date of sale (Part 11 of Article 8 of the Law "On Consumer Rights Protection").

At the same time, the warranty period - the period during which the manufacturer (seller, contractor or any third party) undertakes to carry out free repairs or replacement of relevant products in connection with its introduction into circulation ( § 5 of Art. 1 of the Law "On Consumer Protection").

The manufacturer (performer) ensures the proper operation (application, use) of products, including components, during the warranty period established by regulations or contract. The warranty period for components must be not less than the warranty period for the main product, unless otherwise provided by regulations or contract. The warranty period is indicated in the product passport or any other document attached to the product (parts 1, 2 of Article 7 of the Law "On Consumer Protection").

The seller, manufacturer (enterprise that meets the requirements of the consumer, established by part one of this article) must accept the goods of improper quality from the consumer and meet his requirements (Part 5 of Article 8 of the Law "On Consumer Protection").

If the product is available, the consumer's request for its replacement is subject to immediate satisfaction, and in case of need for quality control - within fourteen days or by agreement of the parties. In the absence of the goods, the consumer's request for its replacement shall be satisfied within two months from the date of submission of the application. If it is impossible to satisfy the consumer's request to replace the goods within the prescribed period, the consumer has the right to present to the seller, manufacturer (enterprise performing their functions) other requirements provided for in paragraphs 1, 3, 4, 5 of part one of this article. 6 Article 8 of the Law "On Consumer Rights Protection").

When replacing a defective product with a product of a similar brand (model, article, modification) of proper quality, the price of which has changed, the cost is not recalculated. When replacing defective goods with the same goods of another brand (model, article, modification) of proper quality, the recalculation of the value of defective goods in case of price increase is based on its value at the time of exchange, and in case of price reduction - based on time value purchase. Upon termination of the contract, settlements with the consumer in case of increase in the price of the goods are made based on its value at the time of presentation of the relevant requirement, and in case of price reduction - based on the value of the goods at the time of purchase. Money paid for the goods is returned to the consumer on the day of termination of the contract, and in case of impossibility to return the money on the day of termination of the contract - at another time by agreement of the parties, but not later than seven days (Part 7 of Article 8 of the Law "On Consumer Rights Protection").

If the consumer purchases an unfit food product, the seller is obliged to replace it with a food product that is fit for consumption, or return the money paid by the consumer (Part 8 of Article 8 of the Law "On Consumer Rights Protection").

When the consumer submits a request for free elimination of defects in the goods, they must be eliminated within fourteen days from the date of its presentation or by agreement of the parties at another time. At the written request of the consumer at the time of repair he is provided (with delivery) goods of a similar brand (model, article, modification), regardless of the model. To do this, the seller, the manufacturer (an enterprise that meets the requirements of the consumer, set out in part one of this article) must create (have) an exchange fund of goods. The list of such goods is determined by the Cabinet of Ministers of Ukraine. For each day of delay in fulfilling the requirement to provide goods of the same brand (model, article, modification) and for each day of delay in eliminating defects beyond the established period (fourteen days), the consumer is paid a penalty of one percent of the value of the goods. When eliminating defects by replacing a component product or component of the product, which has a warranty period, the warranty period for a new component product and component is calculated from the date of delivery to the consumer of goods after repair (Part 9 of Article 8 of the Law "On Consumer Protection" ).

The same rule is contained in Part 5 of Art. 709 of the Civil Code of Ukraine, for each day of delay by the seller or manufacturer to eliminate defects of the goods and failure to provide for the use of similar goods at the time of elimination of defects, the seller pays the buyer a penalty of one percent of the value of the goods.

The consumer has the right to make a claim to the manufacturer (seller) for free elimination of defects of the goods after the expiration of the warranty period. This requirement can be presented during the established term of service, and if such is not established - within ten years if in the goods shortcomings (essential shortcomings) admitted through the fault of the producer (ch.10 Art. 8 of the Law "About protection of the rights of consumers" were found). ").

Consumer rights when purchasing goods of proper quality

The consumer has the right to exchange a non-food product of proper quality for a similar one from the seller from whom it was purchased, if the product did not satisfy him in shape, size, style, color, size or for other reasons can not be used for its intended purpose (paragraph 1 h 1 Article 9 of the Law "On Consumer Protection").

The consumer has the right to exchange goods of proper quality within fourteen days, not counting the day of purchase, unless a longer period is announced by the seller (paragraph 2, part 1 of Article 9 of the Law "On Consumer Protection").

The exchange of goods of proper quality is carried out if it has not been used and if its product appearance, consumer properties, seals, labels, as well as the settlement document issued to the consumer with the sold goods or reproduced on the display of the software recorder of settlement operations. installed software recorder of settlement operations) QR-code that allows the consumer to read and identify it with the settlement document according to the structure of the data contained in it, or sent an electronic settlement document to the user's subscriber number or e-mail address (paragraph 3 h 1 Article 9 of the Law "On Consumer Protection").

The list of goods that are not subject to exchange (return) on the grounds specified in this article shall be approved by the Cabinet of Ministers of Ukraine (paragraph 4, part 1 of Article 9 of the Law "On Consumer Protection").

If at the time of exchange of a similar product is not for sale, the consumer has the right to either buy any other products from the available range with the appropriate transfer of value, or terminate the contract and get back the money in the amount of returned goods, or exchange the product for a similar first receipt of the relevant goods for sale. The seller is obliged on the day of receipt of the goods for sale to notify the consumer who requires the exchange of goods (Part 2 of Article 9 of the Law "On protection of consumer rights").

Upon termination of the contract of sale, settlements with the consumer are made based on the value of the goods at the time of purchase. Money paid for the goods is returned to the consumer on the day of termination of the contract, and in case of impossibility to return the money on the day of termination of the contract - at another time by agreement of the parties, but not later than seven days (Part 3 of Article 9 of the Law "On Protection of Rights" consumers ").

Therefore, first, in case of violation of rights, the consumer (at his choice) has the right to apply to the seller, manufacturer or company that meets such requirements at the location of the consumer.

Secondly, the consumer can protect their rights by filing a complaint to the State Consumer Service of Ukraine or its territorial bodies. Such a complaint must be set out in writing and accompanied by supporting documents confirming the commission of the retail contract (check, receipt, etc.).

You can file a complaint about consumer protection online on the Instaco website at the link. This complaint can be used if the store has not eliminated the defects during the warranty period.

At the same time, it should be noted that the complaint will not be considered without indicating the place of residence, not signed by the author (authors), as well as one from which it is impossible to establish authorship, is considered anonymous and is not subject to consideration. ").

Third, the consumer has the right to go to court.

Consumer protection provided by law is protected by a court. When satisfying the consumer's claims, the court simultaneously decides on compensation for moral (non-pecuniary) damage. Consumers are exempt from paying court fees for lawsuits related to the violation of their rights (Article 22 of the Law "On Consumer Protection").

How to protect their rights, the consumer can choose for themselves or gradually use all three methods to protect their rights, turning, for example, first to the store where the goods were purchased, then - with a complaint to the territorial department of Derzhspozhyvsluzhba, and then - to court.