Law of Ukraine «On Consumers Rights Protection» dated May 12, 1991 No 1023–XII The Article 8. Consumer rights in the event of buying defective goods
- In the event of faultfinding, during warranty period, the consumer, under the procedure and limits which are established by law, may request the following:
1) proportional reduction of the price;
2) non-paid defect correction of the goods in reasonable time;
3) compensation of expenses on defect correction of the goods.
Upon revealing major faults, during warranty period, which arose due to a fault of a manufacturer (seller, service provider) or detection of the adulteration of commodities that is confirmed by the expert conclusion (where appropriate) the consumer, under the procedure and limits which are established by law or on the basis of rules which are obligatory for parties or by virtue of an agreement, may request from the seller or manufacturer, on his/her choice, to perform the following actions:
1) agreement termination and refund of money which was paid for goods;
2) request the replacement of the goods with the same goods or with the similar ones from among those the seller (manufacturer) holds in stock.
- Concerning non-food goods, which were in use and sold by retail commission trade entities, the consumer’s requirements, which are mentioned in the Part one of this Article, may be satisfied by the seller’s consent.
In accordance with this Part the consumer’s requirements concerning goods shall be satisfied if the warranty period is not expired.
- The consumer’s requirements that are established by the Part 1 of this Article shall be raised, on the consumer’s choice, to the seller at the place of goods purchase, to the manufacturer or to the enterprise that satisfies such requirements at the consumer’s location.
The consumer may submit one of the requests provided by the Part one of this Article. If such a request is not satisfied, the consumer may submit the other request provided by the Part one of this Article.
The above-mentioned requirements at the consumer’s place of location shall also be satisfied by the commercial enterprises and branches, established by the seller’s owner, which sell the goods similar to that which were bought by the consumer, or by the enterprises which exercise these functions on the basis of an agreement. Functions of the manufacturer enterprises’ representatives shall be exercised by their representative offices or by brunch which are established to exercise this function, or enterprises which satisfy the previously mentioned requirements on the basis of the agreement with the manufacturer.
- The seller and manufacturer while selling (realization) goods shall inform consumer about enterprises which satisfy requirements established by the Parts one and three of this Article. If such information is not provide it entails the liability in accordance with the Articles 15 and 23 of this Law.
- The seller, manufacturer (the enterprise which satisfies consumer’s requirements established by the Part one of this Article) are obligated to receive goods of a low-quality from the consumer and satisfy his/her claims.
The delivery of large-dimensioned goods and goods which weight is more than five kilograms, to the seller or manufacturer (the enterprise which satisfies consumer’s requirements established by the Part one of this Article) and return of such goods to the consumer shall be finance by the seller, manufacturer (the enterprise which satisfies consumer’s requirements established by the Part one of this Article).
- If goods are available, the consumer’s request about the replacement of the goods shall be satisfied immediately and if the quality assurance test is necessary - during fourteen days or upon the agreement between parties.
In case of stockout, the consumer’s request shall be satisfied within two months after the submission of the request. If the consumer’s request about the replacement of the goods may not be satisfied within the established period, the consumer may submit a request to the seller, manufacturer (to the enterprise which exercises their functions) which is provided by the Items 1, 2, 3, 4, 5 of the Part one of this Article.
- In the event of replacement of the defective goods with the similar brand (model, item, modification) goods of a proper quality, which price has changed, the price re-calculation is not performed.
When performing the replacement of defective goods with the similar ones of a proper quality but of another brand (model, item, modification) - the price re-calculation in the event of price rise is performed according to the price of goods at the moment of its exchange, and in the event of price reduction – according to the price of goods at the moment of purchase.
When terminating an agreement, the settlements with the customer, in the event of price rise of the goods, are performed in accordance to the price of such goods at the moment of submission of the relevant request, but in the event of price reduction – in accordance to the price of goods at the moment of the purchase of such goods. Money, which was paid for the goods, shall be returned to the consumer a day of the agreement termination, but if the refund is impossible on the date of the agreement termination – within another period upon the parties agreement, but not later than within seven days.
- In the event of purchasing uneatable food product, the seller is obliged to replace the nutriment food product, or refund to the customer money which he paid for the product. In this case, the settlements with the consumer are performed under the procedure established by the paragraph three of the Part seven of this Article.
- When the consumer submits a request about a free defect correction of the defective goods, such defects shall be repaired within fourteen days after the date of submission of the relevant request or upon the agreement between parties on the alternative date.
At the consumer’s written request, he/she shall be provided (with delivery) for the period of repairing with the goods of similar brand (model, article, modification) irrespective of the model. For that purpose, the seller and the manufacturer (the enterprise that satisfies the consumer’s request established by the Part one of this Article) are obliged to create (have) exchange stock of goods. The list of such goods shall be defined by the Cabinet of Ministers of Ukraine.
For each day of delay in satisfying the request on providing of the goods of similar brand (model, article, modification) and for each day of delay in defect correction in excess of the established term (fourteen days), the consumer shall be paid a penalty at the rate of one percent of the cost of the goods.
In the event of the defect correction by the replacement of components or elements of goods, for which warranty periods are established, the warranty period for a new component or element shall be calculated from the day when the goods were given to the consumer after the repairing.
- The consumer has the right to submit to the manufacturer (seller) request about a free defect correction of the goods after the expiration of a guarantee period. This request may be submitted within the established service life time, but if such a period is not established – within ten years, if goods defects (major defects), that arose due to a fault of the manufacturer, are revealed. If such a request is not satisfied within the time limits, provided by the Part nine of this Article, the consumer has the right, at his/her choice, to submit the other claims to the manufacturer (seller) in accordance with the Part 1 of this Article.
- The consumer’s requirements shall be considered after submission of the payment paperwork, but concerning goods for which the warranty period is established, - a data sheet or the other substitute document which has a sale date mark.
While selling goods the seller is obliged to provide the consumer with a settlement document of a standard form which proves the fact of purchase and includes a sale date mark.
If the consumer has lost a data sheet or other substitute document it shall be renewed in accordance with the procedure established by law.
- The manufacturer is obligated to pay for all loses of the seller (the enterprise that satisfies the consumer’s request established by the Part one of this Article) who considers the consumer’s request concerning the purchased goods.
The seller (manufacturer) of goods is obligated within one month to pay for any loss that the enterprise has suffered in connection with satisfying the consumer’s requests which are provided in this article.
- The requirements which are provided by the Part one of this Article, concerning the goods which are manufactured outside the territory of Ukraine, shall be satisfied at the expense of the seller (importer).
- The consumer’s requirements, which are envisaged by this article, shall not be satisfied, if the seller, manufacturer (the enterprise that satisfies the consumer’s request established by the Part one of this Article) have proved that the defects of the goods appeared due to the violation of guidelines of using or storing of such goods. The consumer has the right to participate personally or through his/her representative in the goods quality review.