Everyone has the right to purchase the necessary goods, to use the necessary service. Naturally, a person needs a quality thing, with an expired shelf life, without marriage. But often there are situations when a product or service is presented low-quality, and the seller not only does not return the money, but does not even exchange the purchase for an equivalent one. In order to protect citizens and provide them with the right to choose, according to the current legislation of the Russian Federation, there is a Law on the Protection of Consumer Rights.
Consumer
Consumers are citizens who are going to buy or order a product, service for family, personal and other personal needs that are not related to entrepreneurial or other commercial activities. A consumer cannot be a person who made a purchase or used a paid service to use it in production or for personal enrichment.
Consumers are people who use a service or product purchased for personal purposes. For example, hotel accommodation on a business trip certificate or transportation service. That is, the definition includes not only the person who paid for the goods or service, but also the one who uses them for personal needs.
Legislation
The legislation can only regulate onerous relations: the consumer is the seller (or supplier) of the service (performance of work, purchase of a thing in a store, etc.).
The law governs the relationship directly between the consumer and the seller, which arise from the following contracts:
- sales;
- power supply;
- selling real estate or property;
- renting housing, housing maintenance and utilities;
- carrying out repairs;
- construction, household contract and maintenance of a residential building;
- rental;
- transportation of luggage or citizens;
- storage;
- commissions;
- the provision of financial services that are aimed at the needs of the consumer (loan agreements, settlements on behalf of, valuation services, consultations);
- paid services (medical, veterinary, communication, hotel services, etc.);
- other contracts that are aimed at meeting the personal needs of a citizen, but are not associated with subsequent profit.
Rights
Everyone has the right to
exchange goods and return them, but not all consumers know this. They have the right to familiarize themselves with a product or service before purchasing, to receive complete and comprehensive information about the composition, place of manufacture, price, etc.
Consumer rights: he has the right to exchange the goods for another (equivalent) if defects were found in the product that were not agreed upon at the time of purchase. In this case, it is possible not only to replace an identical brand or model with a product , but also exchange for any other thing with a cost translation.
If a marriage is found, consumers have the right to blame the seller and demand to correct or reduce the price at which the product is purchased. If the elimination of deficiencies is not possible due to the efforts of the seller, then buyers have the right to demand reimbursement of expenses or refuse the goods or services.
You can request a refund of the amount already paid for the purchase only if you have documents and a cash receipt. The same applies to services: you can return the money if there are receipts or contracts.
In what cases does the law not apply?
The Law on Consumer Rights cannot apply to legal entities and individuals who have the goal of further using goods, services for entrepreneurial and any other commercial activities in order to generate income.
The buyer does not have the right to demand the replacement of the goods or the elimination of its defects at the seller’s expense if he does not have documents (cash receipt, contract, etc.) confirming the purchase.
The law will not apply to a gratuitous contract. For example, storage in the wardrobes of enterprises. If at the same time the remuneration was not specified or the things in storage were not confirmed by the contract or receipt.
Deadlines for submitting claims to the seller
You can make claims on the seller if a defect or malfunction is discovered during the warranty period, or while the expiration date is valid. If the latter is not provided at all, then a claim can be made within two years after the purchase, if longer periods are not specified in the contract.
Consumer protection takes into account the warranty period from the moment of direct transfer of the goods to the buyer. If it is not possible to establish the day of transfer, then the period is counted from the time of manufacture.
For seasonal goods, such as shoes, clothing, etc., the warranty period is considered from the moment the season begins, which is determined according to the climatic conditions in which the consumer was located. When selling any product by mail, the period will be calculated from the date of delivery of the goods.