LawState and Law

Consumers are who? What rights does the consumer have?

Everyone has the right to purchase the right product, to use the necessary service. Naturally, a person needs a quality item, with no expired shelf life, no marriage. But often there are situations when the goods, the service are presented substandard, and the seller not only does not return the money, but does not even exchange the purchase for an equivalent. In order to protect citizens and ensure their right to choose, according to the current legislation of the Russian Federation, there is the Law "On the Protection of Consumer Rights".

Consumer

Consumers are citizens who are going to buy or order goods, services for family, personal and other personal needs that are not connected with entrepreneurial or other commercial activities. The consumer can not be a person who made a purchase or used a paid service for use in production or for personal enrichment purposes.

Consumers are people who use a service or a product purchased for personal purposes. For example, accommodation in a hotel by travel document or transportation service. That is, not only the person who paid for the goods or service falls under the definition, but also the one who uses them for personal needs.

Legislation

Legislation can regulate only onerous relations: the consumer is the seller (or supplier) of the service (performing work, purchasing things in the store, etc.).

The law regulates relations directly between the consumer and the seller, which arise from the following contracts:

  • Purchase and sale;
  • Power supply;
  • Sale of real estate or property;
  • Hiring of living quarters, housing maintenance services and utilities;
  • Repair;
  • Building, household contract and maintenance of living quarters;
  • Rolling;
  • Transportation of luggage or citizens;
  • Storage;
  • Commissions;
  • The provision of financial services that are directed at the needs of the consumer (credit agreements, settlements on instructions, services for storing valuables, 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 related to the subsequent receipt of profits.

Rights

Everyone has the right to exchange goods and return it, but not all consumers know this. They have the right to familiarize themselves with the goods or services prior to purchase, to receive complete and exhaustive information about the composition, place of manufacture, price, etc.

Consumer rights: he has the right to exchange goods for another (equivalent), if the product found shortcomings, not specified at the time of purchase. In this case, it is possible not only to replace the goods with an identical brand or model, but also to exchange for any other thing with cost recalculation.

If a marriage is found, consumers have the right to impeach the seller and demand to correct or reduce the price at which the product is purchased. If the elimination of deficiencies is not possible through the efforts of the seller, then buyers have the right to demand reimbursement of costs or to refuse a product or service.

You can request a refund of the amount already paid for the purchase, only if you have documents and a cash receipt. The same goes for services: you can return money if you have receipts or contracts.

In what cases does the law not apply?

The law on the rights of the consumer can not apply to legal entities and physical persons who have the goal to use the goods and services for entrepreneurial and any other commercial activity in order to generate income.

The buyer has no right to demand replacement of the goods or elimination of its defects at the expense of the seller, if he has no documents (cash voucher, contract, etc.) confirming the acquisition.

The law will not operate under a non-refundable contract. For example, storage in the cloakrooms of enterprises. If, at the same time, no remuneration was specified, or things that are in storage were not confirmed by a contract or receipt.

Terms of presentation of claims to the seller

You can present claims to the seller if the marriage or malfunction was discovered during the warranty period, or while the expiry date is valid. If the latter is not provided at all, then it is possible to file a claim within two years after the purchase, if longer periods are not stipulated in the contract.

Protection of consumers' rights takes into account the warranty period from the moment of direct delivery of the goods to the buyer. If it is impossible to set the date of transmission, the date is calculated from the moment of manufacture.

For seasonal goods such as shoes, clothes, etc., the warranty period is considered from the moment of the onset of the season, which is determined according to the climatic conditions in which the consumer was. When selling any goods by mail, the period will be calculated from the day the goods are delivered.

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