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The consumer rights while purchasing goods/services of a low quality

The consumer rights while purchasing goods/services of a low quality

The purchase of the product of a low quality means the acquisition of the defective product.

Herewith, the defective product is any product that does not confirm the characteristics that were intended by the manufacturer and then presented to the buyer. In other words the defective item is the product with defects (torn off button on a shirt, torn strap on the clock etc.).

Moreover, in accordance with the provisions of the Part 2 of the Article 678 of the Civil Code of Ukraine and the Article 1 of the Law of Ukraine «On Consumer Rights Protection», as a significant defect is considered to be a defect, which makes impossible or unacceptable the product usage for its intended purpose, which arose due to the fault of the manufacturer (seller, service provider) and may be detected again after its correction due to the reasons which are beyond control of the consumer. A significant defect may not be removed or its removal takes more than 14 days.

The presence of a significant defect makes the item of product substantially different than it was defined by the contract.

In most cases, sellers refuse to recognize the existence of the significant defect of goods. Therefore, to confirm the existence of the significant defect of goods, you may need to seek the services of experts, who may confirm the fact of existence of the significant defect. The independent expertise shall be paid at your own expense, but the cost of the examination shall be assigned to the seller if a significant defect will be found.

In accordance with the provisions of the Articles 678, 708 and 709 of the Civil Code of Ukraine and the Article 8 of the Law of Ukraine «On Consumer Rights Protection», if the defects of goods were found out during the warranty period, you have the right to demand from the seller of the product to perform the following:

  • proportional reduction of the price;
  • non-paid defect correction of the goods or compensation of expenditures for the elimination of the goods defects.

Additionally, if significant defects of goods which arose due to the fault of the manufacturer or seller are disclosed and properly confirmed, you have the right to:

  • terminate the agreement and return money which was paid for the goods;
  • replace the product with exactly the same or similar one.

You may impose your demands concerning the defect of the product, both to the seller at the place of purchase and to the manufacturer.

In order to protect your rights in the event of the acquisition of goods of a low quality, you shall adhere to the following rules:

  • appeal to a seller/manufacturer with a written statement which indicates the nature of the problem and ask for the correction of defects or exchange goods (application shall be made in duplicate, one copy for the seller, and on the second one the duly authorized representative of the seller or manufacturer is obliged to leave the receipt acknowledgement);
  • you need to have original of the passport and documents, which confirm the purchase of the product (check, purchase contract, etc.; you have also to take with you the product of a low quality).

If the seller refuses to exchange goods and accordantly refuses to accept the application, the application shall be sent to the seller by certified mail with a list of contents (check for sending a letter with the name of the buyer and the list of contents are the evidence of the notification of the seller in case of a judicial review of the case).

The consumer shall apply to the authorized authority of the consumer rights protection, if the seller continues refusing and does not respond to the appeal of the consumer.

This statement shall include details of the nature of the problem and the circumstances. The consumer shall also submit a copy of a document that confirms the purchase of the product. You shall also attach a copy of the application to the seller (with his/her mark or mail stamps about sending the relevant letter to the seller and a copy of the list of contents attached to it).

The authorized authority on the consumer rights protection is obliged to respond to your application and conduct unscheduled inspections of the seller and protect your rights.

Finally, you have the right to appeal to the court, if you have not achieved the desired result.