In today’s society, where every day we encounter a large number of goods and services, it is important to know how to protect our legal rights and interests. Ukrainians often find themselves in situations where the quality provided or purchase conditions do not correspond to those stated, or when there are contradictions in the performance of contracts. In such cases, understanding one’s rights and knowing specific steps to defend them become extremely valuable.
Lawyers of the “Repeshko and Partners” Bar Association commented on the norms of the current legislation, explained how consumers should act in case of violation of their rights, what to pay attention to and what steps to take to achieve justice. Practical advice provided by specialists will help you navigate the situations that arise when buying goods and make your choice more consciously.
Many ordinary citizens remember the saying from childhood: “The buyer is always right!”. And is the buyer always really right? Sometimes cashiers or store employees act as if they are always right, and the customer is always to blame. But a citizen who knows his rights is feared, because it is impossible to mislead him, it is impossible to make money from him. The ability to defend one’s rights is based on their knowledge and firm confidence in one’s rightness.
We will analyze some of the most common situations that arise in the field of consumer rights protection and tell you how to act competently in this or that situation. Of course, life throws up various situations, but the main rules are as follows.
General rules for the protection of consumer rights
In accordance with Article 8 of the Law of Ukraine “On the Protection of Consumer Rights”, in the event that defects of the purchased goods are discovered during the established warranty period, the consumer has the right to demand:
1) proportional price reduction;
2) free of charge elimination of product defects within a reasonable period of time;
3) reimbursement of expenses for the elimination of product defects.
In case of discovery during the established warranty period of significant defects that arose due to the fault of the manufacturer of the goods (seller, contractor), or falsification of the goods, confirmed, if necessary, by an expert opinion, the consumer, in the manner and within the terms established by law and on the basis of the rules or contract binding on the parties, has the right to demand from the seller or the manufacturer:
1) termination of the contract and return of the money paid for the goods;
2) to demand the replacement of the product with the same product or with a similar product available from the seller (manufacturer).
These requirements are presented at the consumer’s choice to the seller at the place of purchase of the goods, to the manufacturer or to the enterprise that satisfies these requirements at the consumer’s location. The consumer has the right to present one of the requirements, and in case of non-fulfillment, to state another requirement.
We note that the product can be replaced or exchanged if a significant defect is detected in it – a defect that makes it impossible or inadmissible to use the product in accordance with its intended purpose. It arises due to the fault of the manufacturer (seller, performer), after its elimination, it appears again for reasons independent of the consumer, and at the same time it is endowed with at least one of the following signs:
- a) it cannot be eliminated at all;
- b) its elimination requires more than fourteen calendar days;
- c) he makes the goods significantly different from what is provided for in the contract.
Taking into account the above, the consumer submits a written statement in the name of the business entity, in which he explains the essence of the issue. The business entity must register the consumer’s application. If the business entity refuses the consumer to register his application, the consumer must send an appeal by mail with a notice of delivery.
The provisions of the Law “On the Protection of Consumer Rights” provide that the consumer’s claims are considered after the consumer presents the settlement document (cheque), and in the case of goods for which the warranty period is established, the technical passport or another document that replaces it, with a mark on the date of sale.
In addition, in case of violation of rights, as a consumer, you have the right to apply to the court or the State Production and Consumer Service of Ukraine, its territorial bodies located in the regions and cities. Kyiv. Currently, it will be correct to apply simultaneously to both the business entity and the State Production and Consumer Service in writing, so that in the future, if the situation is not resolved, you will have evidence to appeal to the court.
The State Consumer Service and its territorial bodies consider all appeals from consumers whose rights have been violated within the time limit established by current legislation. According to Art. 5 of the Law of Ukraine “On Appeals of Citizens”, an appeal can be oral or written. When applying to the State Production and Consumer Service, the following documents are submitted:
– appeal;
– a copy of the appeal to the business entity,
– a copy of the document certifying the fact of purchase of products;
– a copy of the technical passport or other document that replaces it, with a mark on the date of sale;
– other documents related to the consideration of the appeal.
The buyer accidentally broke or damaged the product in the store
Perhaps one of the most common fears of an average citizen is to accidentally break or damage something in a store or supermarket for a fairly significant amount. This especially applies to parents of young children, whom you lose sight of for a second and are already looking for in the entire trading hall. Usually, store employees/administration/security immediately begin to demand that the buyer pay for such damaged goods.
In such situations, first of all, it is necessary to find out who is to blame for the fact that the product is damaged – the buyer, the store administration, who improperly stored/placed this product in the sales hall, or maybe a completely different buyer who accidentally pushed you?
It is important to note that the Law of Ukraine “On the Protection of Consumer Rights” clearly protects the buyer (consumer) in such situations. However, there are often many nuances in such situations. As a general rule, in accordance with Article 323 of the Civil Code of Ukraine, the risk of accidental destruction and damage (damage) to property is borne by its owner, that is, a store (supermarket). According to Art. 668 of the Civil Code of Ukraine, the risk of accidental destruction or accidental damage to the goods passes to the buyer from the moment the goods are handed over to him. That is, when the product is not delivered to the buyer, the risk of damage lies with the owner/store, and therefore the buyer should not pay for the broken/damaged product, since he has not yet purchased it.
If the administration/security of the store insists that it is the buyer who is to blame for the damage to the product, definitely demand to draw up a damage report and provide facts that, in the opinion of the store administration, prove your fault. Ask for a copy of the act for yourself, or at least be able to take a photo of it on your phone.
It should be noted that only the court can establish the fault of the buyer, as well as whether he should pay for such goods. That is, the buyer must remember that he does not have to pay anything on the spot, only fixing the damage to the goods is done on the spot. In the event that the store or supermarket administration refuses to draw up any documents and still demands payment, the buyer should remember that in accordance with part 2, Article 17, Part 2 of the Law of Ukraine “On the Protection of Consumer Rights”, it is prohibited to force the consumer to purchase products of inappropriate quality or an assortment he does not need.
However, the consumer still needs to prove that he accidentally broke/damaged the product. Recording from the store’s video surveillance camera can help a lot in this. In the event that the administration/security of the store takes more decisive actions and does not let the customer out of the store premises at all, it is also necessary to mention paragraphs 1, 4 and 5 of Article 19 of the Law of Ukraine “On the Protection of Consumer Rights”, which prohibit unfair business practices and aggressive activities.
Aggressive is considered a business practice that actually contains elements of coercion, harassment or undue influence and significantly affects or may affect the consumer’s freedom of choice or behavior regarding the purchase of products. In addition to aggressive, the following forms of business practice are prohibited: creating the impression that the consumer cannot leave the premises of the seller (contractor) without concluding a contract or making payment, as well as demanding payment for products provided by the seller (contractor), if the consumer did not give direct and unequivocal consent to their purchase. In the event that, after all the arguments, the buyer continues to be forced to pay for broken/damaged goods and refuses to draw up a deed and record the situation on the spot, he should call the police. And it is up to the police to clearly explain that if it is established that it is his fault, he will not refuse to cover the damage, but only by a court decision.
In general, the main recommendation is to call the police in any unclear situation. From her point of view, the challenge always comes from the injured party.
The price on the price tag on the store shelf and the check at the cash register do not match
There are quite rare cases when, after seeing an attractive discount on the price tag, the buyer takes the product, but for some reason the amount at the cash register is greater than the one that was indicated on the shelf with the product. This indicates a clear violation of consumer rights! Part 1 of Article 15 of the Law of Ukraine “On the Protection of Consumer Rights” provides for the consumer’s right to receive necessary, accessible, reliable and timely information about products, which ensures the possibility of a conscious and competent choice. The information must be provided to the consumer before he purchases the product or orders the work (service). Information about products, including, must contain data on the price (tariff), conditions and rules for purchasing products. Part 3 of the same article establishes requirements for the price list.
Thus, the seller (executor) who sells products must necessarily indicate the price of each unit of such products or one category of products and the price of one standard unit of these products. Inscriptions regarding the selling price of products must be clear and easy to understand. The price of the products must include all taxes and non-tax mandatory payments, which, in accordance with the law, are paid by the consumer during the purchase of the corresponding products.
Pursuant to Clause 8 of Article 3 of the Law of Ukraine “On the Use of Settlement Transaction Recorders in the Field of Trade, Catering and Services”, business entities that carry out settlement transactions in cash and/or non-cash form when selling goods (providing services) are required to sell goods (provide services) on the condition that there is a price tag for the goods (menu, price list, tariff for the service provided) in the monetary unit of Ukraine.
According to Part 8 of Article 18 of the Law of Ukraine “On the Protection of Consumer Rights”, unclear or ambiguous provisions of contracts with consumers are interpreted in favor of the consumer. Therefore, in the event of relevant misunderstandings when paying for a product, when its price at the cash register is higher than the one that was on the price tag on the shelf, you should first of all contact the store administration with a demand to return the difference between the price on the price tag and the price indicated on the receipt. We advise you to immediately return to the store shelf where the specified product is and take a photo of the price tag, so that the store employees do not have time to change it against you. Refusal to sell you the product at this price is again a violation of your consumer rights. A photo of the shelf with a price tag and a receipt with a higher price will be evidence for an appeal to protect your rights if the store refuses to correct the situation.
Housing and communal services and protection of consumer rights
According to Article 7 of the Law of Ukraine “On housing and communal services”, the consumer is obliged to conclude a contract for the provision of housing and communal services, because it is the same document on the basis of which the consumer can make claims for non-provided or substandard services, as well as demand recalculation and compensation for damages.
In addition, in accordance with Article 12 of the Law, the provision of housing and communal services is carried out exclusively on a contractual basis. So the first thing you need to take care of is to have a contract in your name with the relevant utility. Contracts for the provision of housing and communal services are typical and approved by the Cabinet of Ministers of Ukraine or other state bodies authorized by law.
And now about the main thing. In case of non-provision, incomplete provision or inadequate quality of utility services, the consumer has the right to call the utility provider (his representative) to check the quantity and/or quality of the services provided.
Based on the results of such a quality check of the provision of communal services, a claim act is drawn up, which is signed by the consumer and the utility service provider or the manager (regarding the apartment building management service).
The contractor of the utility service or the manager (regarding the apartment building management service) is obliged to arrive at the consumer’s call within the time specified in the contract for the provision of the service, but no later than within one day from the moment of receiving the consumer’s notice. In practice, unfortunately, this is not always followed.
The claim act is drawn up by the utility service provider or the manager (in the case of multi-apartment building management services) and the consumer and must contain information on the following:
- what was the failure to provide, the provision of an incomplete or inadequate quality utility service or service;
- date (term) of its failure to provide, provision of incomplete or inadequate quality,
- other information that characterizes the non-provision of services, their provision in full or of inadequate quality.
In case of non-arrival of the representative of the utility service provider within the specified period or unjustified refusal of the latter to sign the claim deed, such deed shall be signed by the consumer, as well as by at least two consumers of the relevant service who live (located) in neighboring buildings (in the premises – if the service is provided in an apartment building), and sent to the utility service provider by registered mail.
Within five working days, the utility provider must either resolve the issue of meeting the requirements set forth in the claim act, or provide the consumer with a reasoned written refusal to satisfy his claim. In the event that the executor does not provide an answer within the specified period, the consumer’s claims are considered recognized by such an executor.
If it was not possible to settle the dispute by sending a statement of claim, then the protection of the rights of consumers of housing and communal services in this case is carried out by the authorized central body of the executive power, which implements state policy in the field of state supervision (control) of compliance with legislation on the protection of rights consumers or is a direct path to court.
Thus, the active position and awareness of each consumer is the basis for achieving fairness in interaction with sellers.
