What is considered to be a violation of consumer rights: Memo for buyers
Goods and services have long been an integral part of our lives. However, the long-awaited purchase may be marred by violations by the seller or manufacturer. In such cases, the law, as a rule, sides with the buyer. On what is considered a violation of consumer rights and what responsibility for this threatens, read in the material "Izvestia".
The consumer and his rights in Russia
According to the law, a consumer is a person who wants to buy or order goods (work, services) for personal needs, not related to entrepreneurial activity.
In Russia, consumers have a wide range of rights, all of which are listed in the relevant law. The main rights of the consumer include:
The right to safety of the product or service. This means that under the conditions of storage and use, the goods must be harmless to the buyer, his property and the environment.
The right to quality goods, service or work means that their characteristics must fully comply with those stated in the contract. If there is no document, the goods must be suitable for the intended use.
The right to information about the goods, service, work. The seller or performer must provide the buyer with comprehensive and reliable information about what he wants to buy: cost, composition, time of performance or delivery, characteristics, service life and warranty, etc. This is necessary so that the person can make the right choice.
The right to return, replace or repair a defective product. In the presence of an insignificant defect, the buyer can also ask for a discount on the goods. In this case, the absence of the consumer's check does not give the seller the right to refuse him in the legal requirements. Goods of proper quality can also be returned, if it did not fit, but before doing so, it is important to make sure that it is not included in the list of goods that are not subject to return.
The right to refuse additional goods, works, services. If a person does not want to take out insurance when concluding a credit agreement, purchase a subscription to a service or buy a full course of procedures after one free of charge, the seller can not force him.
Right to compensation for damages and moral harm. The seller or service provider is responsible for possible damage to the client's health, psychological state or property. The customer can demand proportionate compensation.
Right to judicial protection. The consumer can assert his or her rights in court if they have been violated.
In addition, buyers have the right to participate in inspections of the quality of goods, as well as to unite in associations and unions.
What is considered a violation of consumer rights
Situations when the rights of the consumer are violated, there are many different. Therefore, it is important for the buyer to remember his rights and not be afraid to assert them, especially when it comes to large sums.
The right to safety is violated when a product or service causes damage to life, health or property. For example: a restaurant prepared a dish with violations of sanitary norms, which led to poisoning; workers made mistakes when repairing pipes, which led to a flood; movers scratched furniture during delivery; a playground was built with violations, and a child was injured playing on it, etc.
Violation of the right to quality includes the sale of expired products, poorly executed repairs, defects of goods (cracked smartphone screen, torn clothes, non-working refrigerator, etc.) and other defects that prevent the use of goods or services. Faced with such a problem, the buyer can demand a refund, elimination of defects or replacement of goods.
Return or replace the goods with a defect can be returned or replaced even after the expiration of the warranty period, provided that the period of use has not yet expired. For example, if the warranty on the phone is one year, and the service life provided by the manufacturer - four, in case of breakage in the second year of use it can be returned.
The most frequent violation of the consumer's right to information. This type of violation includes a discrepancy between the price of goods on the price tag and in the receipt, lack of information about the composition of the product, the presence of ingredients not specified in the composition, inaccurate description of the characteristics of goods, hidden terms of contracts, etc. If such a violation becomes known, the buyer will be able to return the goods or refuse the service. In this case, the seller or performer will be fined. If the consumer has suffered damage, they will also have to pay compensation.
Types of liability for violation of consumer rights
For the violation of consumer rights, civil liability is provided for. It implies compensation to the buyer for any losses incurred due to low-quality goods or incorrectly rendered services, as well as compensation for moral damage.
If the seller, manufacturer or performer violated the terms of refund for defective goods, transfer of paid goods or performance of work, the court may oblige them to pay the client penalties for delay. In addition, for unreasonable refusal to fulfill the consumer's monetary claim, the seller may be fined 50% of the requested amount of the claim.
Administrative liability is provided for non-compliance of goods with quality samples, overcharging, cheating the client, non-compliance of services or goods with the contract, lack of information about the manufacturer, failure to provide benefits and other attempts to deceive the seller. It implies fines from 1,5 thousand to 300 thousand rubles depending on the type of violation and the person who committed it.
If people are seriously injured or killed because of an unsafe product or service, the seller, performer or manufacturer may be held criminally liable. It provides for a fine of up to 300 thousand rubles or imprisonment for up to 10 years.
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