University of the consumer Printable versionLast update: 06.04.2020
Most people, making daily purchases, as well as using different services, do not think at all about the fact that at the time of purchasing certain goods and services they become one of the parties to the transactions of retail sale. In this article, we will talk about consumer rights and interests. When concluding agreements with organizations for the performance of work and the provision of services, one always needs to remember about consumer rights in case of unforeseen disputes with the service provider. The consumer has a significant arsenal of opportunities to realize legitimate rights and interests. Relations with the seller in such cases are regulated by the Law "On Protection of Consumer Rights".
What legal rights do consumers have?
- free conclusion of contracts for the acquisition of goods, works and services;
- access to information in the field of consumer protection;
- obtaining information about the product, work, service, as well as about the seller, manufacturer, executor;
- purchase of a safe goods, work, services;
- free choice of goods, work, services;
- proper quality of goods, work, services;
- exchange or return of goods of both proper and inadequate quality;
- compensation in full for the losses caused to their lives, health and property due to lack of goods, work, services;
- receipt from the seller (manufacturer, executor) of the document confirming the fact of purchase of the goods (performance of work, rendering of the service);
- presentation of a claim to the initiator (organizer) of games on the quality of the goods (work, services) transferred (performed, rendered) in the form of a prize;
- creation of public consumer associations;
- compensation for non-pecuniary damage;
- protection of rights and legitimate interests;
- the exercise of other rights provided for by the Law.
Conditions that violate and (or) infringe on the rights of consumers when concluding a contract:
- exemption or unreasonable limitation of a seller (executor, manufacturer) liability in the event of damage to the life, health and (or) property of the consumer;
- exclusion or restriction of the rights of the consumer in the event of full or partial non-fulfillment or inadequate fulfillment by a seller (executor, manufacturer) of contractual obligations;
- establishment of the duties of the consumer by means of an additional seller (executor, manufacturer) for reimbursable goods (works, services);
- establishment of a demand for payment by a consumer of a disproportionately large amount (over thirty percent of the cost of goods, services, work) in the event of failure to fulfill its obligations under the contract;
- giving a seller (executor, manufacturer) the right to unilaterally change and (or) dissolve the contract without observing the provisions of the Civil Code of the Republic of Kazakhstan on the grounds and procedure for changing and terminating the contract;
- granting to a seller (executor, manufacturer) the right not to return the paid sum of money for the unsuccessful goods (services, works) in case of cancellation of the contract;
- giving a seller (executor, manufacturer) the opportunity to increase the price without giving the consumer the right to terminate the contract
- giving the seller (executor, manufacturer) the right to determine the conformity of the goods to the terms of the agreement or granting him the right to interpret the agreement
- limitation of liability of a seller (executor, manufacturer) for obligations assumed by its representatives;
- establishing the duty of the consumer to fulfill all obligations in the event that a seller (executor, manufacturer) fails to fulfill its obligations;
- giving a seller (a executor, a manufacturer) the right to transfer their rights and obligations under the contract to a third party without observing the provisions of the Civil Code of the Republic of Kazakhstan on the change of persons in the obligation;
- other conditions that violate and (or) infringe on the rights and legitimate interests of consumers.
What to do if after the purchase of the goods you found any deficiency or the product was initially spoiled, but you did not immediately pay attention to it?
What if a seller refuses you to return/exchange goods?