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Product/service information

Product/service information

The consumer has the right to know what he/she buys, namely all information about the acquired goods/services before the purchase of the mentioned goods/services.

Thus, the buyer shall understand that information which is given by the seller, but is not documented (and provided in the absence of witnesses) may subsequently be a deception and nobody may be brought to legal responsibility except for the event of a direct violation of the law.

For example, if the seller has told you that available goods are produced under the traditional brand of great mark, but the seller sold you the goods of a young no-name brand (that is probably of a low quality, but meets the admissible norms) the seller formally does not violate the law and your rights (except for cases when you have evidences of the seller’s words).

Therefore, the consumer shall know that he/she has a "package" of fundamental rights, which may be exercised while purchasing the goods.

First of all, you shall understand the essence of your relationship with the seller or with the representative of the organization which provides services.

In accordance with the provisions of the Article 699 of the Civil Code of Ukraine, the offer of goods (services) which is posted in the advertisements or catalogs, and other descriptions of the goods that are faced to an uncertain circle of people (including those posted at the shops), is the public offer to sign the contract, if this offer contains all essential terms of the contract (in this case, the product name and price).

Thus, the exposure of product, demonstration of product samples or providing information about it (descriptions, catalogs, photos and etc.) at places of its sale is the public offer to sign the contract. The specified price and other essential terms of the purchase contract do not effect the contract, unless the seller explicitly determines that the product is intended for sale (for example, the statement that the merchandise is an exhibition sample and it is not the subject for sale).

The provisions of the Articles 4 and 6 of the Law of Ukraine «On Consumer Rights Protection» directly establish the consumer’s right to obtain full information about the acquired goods (the country and the name of the manufacturer, production date, price, compliance with national standards, existence of the corresponding certificates or no need in such documents, data about seller and etc.), and its documentary confirmation.

Thus, in accordance with the provisions of the Article 700 of the Civil Code of Ukraine, the seller is obliged to provide the buyer with necessary and verifiable information about goods which are offered for sale. The information shall comply with the requirements of the law and the rules of retail trade which shall contain the essence and the way of implementation of retail trade.

However, the buyer prior to the conclusion of the purchase contract (before the payment) has the right to request to provide in his/her presence an inspection of the goods attributes or to request the demonstration of the usage of goods, if it can be fulfilled regarding the nature of the goods and the rules of retail trade.

If the buyer does not have opportunities to receive immediately full and verifiable information about goods at the point of purchase, he/she has the right to demand indemnification for loss (if any), caused by the seller due to the unjustified deviation to conclude the contract, and if the contract is signed in a reasonable term –the buyer has the right to withdraw from a contract.

If the seller refuses to provide you with the relevant information, you need to understand that despite an attractive offer, it is a fraud and the best advice is not to buy anything at this store. Fortunately you have a huge choice.

You shall remember that if the goods are really of good quality, the seller has all the necessary documents and shows such goods with pleasure and pride.

Apart from that, it is necessary to know that in accordance with the requirements of the Parts 1, 2, 3, and 9 of the Article 15 of the Law of Ukraine «On Consumer Rights Protection», the product information shall contain the following information:

  1. the goods name, the name or reproduction of the mark of goods and services under which the disposal of goods is performed;
  2. the main product features and if it is a food product there must be the nutria tab (including the list of materials used in the manufacturing process, and specifically in food supplements), the nominal quantity (mass, volume), food and energy value, the conditions of use, warnings of the usage for certain categories of consumers (for example diabetics), as well as other information, which is required for this category;
  3. the content of harmful substances, which list is established by the regulations and caution regarding the usage of particular products, if the regulatory acts determine such a warning;
  4. the mark of the presence or absence in the composition of food of genetically modified organisms;
  5. the price (tariff), terms and conditions of purchase of goods;
  6. the date of production;
  7. the storage conditions;
  8. the warranty of the producer;
  9. the rules and conditions of effective and safe usage of the goods;
  10. shelf life (service life) of goods (work product), information concerning necessary actions after its expiration and possible consequences in case of failure to perform these actions;
  11. the name and address of the producer (service provider, seller) and the company, which carries out its functions of admission of claims from consumers and provides repairing and maintenance of goods.

The information about the services connected with the concert, touring, competition and festival activities shall contain data on the use or non-use by performers of music phonograms of their own vocal, instrumental, vocal and instrumental performance of musical composition with musical accompaniment or without it or phonograms of musical accompaniment to their own vocal, instrumental, vocal and instrumental performance of a musical composition.

In case the goods are the subject to mandatory certification, the consumer shall be informed about product certification.

In relation to the goods, which under certain conditions may be dangerous for life, health and property of the consumer or for the environment, the producer (service provider, seller) is obliged to inform the consumer about such goods and possible consequences of such goods consumption (usage).

The information shall be provided to the consumer in a state language in accordance with the legislation on languages.

The above mentioned information shall be provided to consumers by the producer (service provider, seller) in the supporting documentation that is attached to the product, on the label, as well as in the labeling or provided by another way (available in a visual form) acceptable for certain types of goods and in certain areas of service.