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Perepelchenko Anatolii

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Anatoliy Perepelchenko on consumer rights in case of purchase of improper quality of goods

According to the Law of Ukraine “On Consumer Protection” there are two situations of exchange or return of purchased goods:
1. In case of purchase of goods of improper quality:
According to Art. 8 of this Law in case of detection of significant defects that have arisen due to the fault of the manufacturer of the goods, during the warranty period the consumer has the right to replace the goods or refund.
A significant disadvantage, according to paragraph 12 of Art. 1 of the Law of Ukraine “On Consumer Protection”, is a defect that makes it impossible or unacceptable to use the product in accordance with its intended purpose, arose through the fault of the manufacturer, after its elimination reappears for reasons beyond the consumer’s control and endowed with at least one of signs:
a) it cannot be eliminated at all;
b) it takes more than fourteen calendar days to eliminate it;
c) he makes the goods significantly different than provided for in the contract.
If it is necessary to check the quality of the goods, an examination may be conducted, in the process of which the fact of violation by the consumer of the warranty conditions of operation of the goods is established. In accordance with paragraph 4 of Art. 17 of the Law of Ukraine “On Consumer Protection” examination is organized within three days from the date of receipt from the consumer of written consent to the examination of products. If the results of the examination prove that the defects arose after the transfer of the goods to the consumer, the consumer subsequently violated the rules of operation, storage and transportation, the consumer’s claims are not satisfied, and the consumer is obliged to reimburse the costs of the examination.
The consumer’s request to replace the product is subject to immediate satisfaction in its presence, and in its absence – within two months from the date of submission of the application. If it is impossible to meet the requirement within the prescribed period, the consumer has the right to choose to replace the defective product with another product of another brand (model) of proper quality with the appropriate transfer of price or refund. The consumer’s claim for a refund is subject to satisfaction within seven days. Settlement with the consumer in case of increase in the price of the goods is made – proceeding from cost of the goods at the moment of its purchase.
2. Purchase of goods of proper quality, but if the goods for some reason did not suit the buyer.
According to Art. 9 of the Law of Ukraine “On Consumer Protection” the consumer has the right within 14 days to replace the product of proper quality with similar, if the product is not suitable in shape, size, style, color or can not be used for its intended purpose, but provided that the product was not used and preserved its appearance, consumer properties, seals, factory packaging, documents.
If at the time of exchange a similar product is not for sale, the consumer has the right to purchase any other goods, or get money back in the amount of the returned product, or exchange the product for a similar one at the first receipt of the product for sale. When returning the money, settlements with the consumer are made based on the value of the goods at the time of purchase. The money is returned within seven days.
Consumer requirements are considered only after clarification of the customer’s name and order number, complete set of goods, factory packaging, which has a bar code, warranty card. Replacement of goods or refund is possible only if all conditions and procedures.
You will be denied a replacement or refund if:
– the product, which does not have significant defects, is not new, ie was in use;
– more than 14 days have passed since the purchase of the goods;
– when checking the quality of the goods, signs of third-party interference (disclosure, attempted repair) or other conditions of warranty service are violated;
– there is no document confirming the fact of purchase of goods, or a warranty card, a complete set of goods.
We also draw your attention that according to item 3 of Art. 4 of the Law of Ukraine “On Consumer Protection” the consumer is obliged to:
1) before the start of operation of the goods carefully read the rules of operation set out in the documentation provided by the store for the goods;
2) in case of necessity to receive explanation of conditions and rules of use of the goods – before the beginning of use of the goods to address for explanations to the seller;
3) use the goods in accordance with its intended purpose and comply with the conditions (requirements, rules, regulations) established by the manufacturer of the goods in the operating documentation;
4) in order to prevent negative consequences for the consumer regarding the use of the goods – to follow the safety methods provided by the manufacturer and special operating rules, and in the absence of such rules in the documentation – to follow the usual clear safety methods established for such goods.

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