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An Iryna

Head of Commercial and Civil Law Practice

He specializes in protecting the business reputation of legal entities, honor and dignity of individuals, protecting intellectual property, disputes with insurance companies, legal support for the activities of public organizations.

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The buyer has the right to demand a proportional reduction of the price or a graceful elimination of the defects of the goods within a reasonable time, or the reimbursement of expenses for elimination of defects of the goods.

A product of inadequate quality may be subject to exchange during the warranty period specified in the documents accompanying the product.

In case of detecting defects of the goods during the established warranty period, due to the fault of the manufacturer, the buyer has the right:

terminate the agreement and refund the money that was spent on the purchase,

replace the product with the same or similar, if available from the seller.

The presence of defects or the fact of falsification is confirmed by the conclusion of the examination, which must be organized by the seller within 3 days from the date of receipt of the written consent of the consumer for this action.

Examination is carried out at the expense of the seller. If in the expert's report it is proved that deficiencies have arisen as a result of consumer violations of the established rules of use, storage or transportation, the requirements of the consumer are not subject to satisfaction, and the consumer is obliged to compensate the seller for the costs of conducting the examination.

How long wait for the replacement of the goods?

In the presence of goods - immediately;

In the case of checking the quality of goods - 14 days;

In the absence of the goods - 2 months from the moment of submission of the application.

How long can elimination of product lacks?

Disadvantages of the goods brought by the consumer must be eliminated within 14 days from the date of its presentation or with the consent of the parties in another term.

Do I have the right to use another appliance for repair time?

At the written request of the consumer at the time of repair, he is provided (with delivery) a product of the same brand (model, article, modification).

For each day of delay in fulfilling the requirements of the consumer a penalty of 1% of the value of the goods is paid.

When eliminating defects by replacing the component or part of the product for which the warranty period is set, the warranty period for the new component parts and the component part shall be deducted from the date of issue to the consumer of the goods after repair.

What documents should I have with myself?

The settlement document with a mark on the date of sale of the goods, the guarantee obligations, the content of the contract with the performer of works (services), a description of the identified deficiencies, the requirements (request) with the documentary confirmation of the fact of their receipt by the seller (the executor), the answers, conclusions, etc. received by the applicant.

Where to contact if the seller violates the rights?

If you want to avoid trial, then the State Service of Ukraine for Food Safety and Consumer Protection in the region. Contacts of territorial bodies can be found at https://www.consumer.gov.ua/ContentPages/Kontakti_Terorganiv/139/

In case of infringement by the seller of consumer rights, the latter has the right to apply to the authorized body with oral, electronic or written appeal (complaint).

The following documents are attached to the written application (complaint):

copy of appeal to the entity (seller);

a copy of the document certifying the fact of the purchase of the goods;

a copy of the technical passport with a mark on the date of sale;

other documents relating to the handling of the application.

In what terms will such an appeal be considered?

In the term of no more than 1 month from the date of their receipt.

If, within a month, it is not possible to resolve the issues raised in the appeal, the seller establishes the necessary time for its consideration, which is reported to the submitter.

In this case, the total deadline for resolving issues can not exceed 45 days.

Appeals of citizens who have the privileges established by the legislation are considered as a matter of priority.

Can I go to court?

The consumer has the right to apply to the court for the protection of his rights at the place of residence, place of harm or performance of the contract.

The claim statement is accompanied by evidence substantiating the claims, ie the buyer's refusal to exchange the goods, in particular:

copy of address to the seller;

conclusion of the examination about the non-conformity of the goods with the established quality requirements;

a copy of the document certifying the fact of the purchase of the goods;

a copy of the technical passport or other replacement document, with a mark on the date of sale;

other documents relating to the handling of the application.

The court at the same time decides on the issue of compensation for non-pecuniary damage.

What time frame is the court hearing?

The civil case in the procedure of the claim is considered by the court within a reasonable time, but not more than 2 months from the date of opening of the proceedings.

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