Hotline: Consumer Protection

    The hotline format continues with a new theme:
    Protection of the rights of consumers of goods and services


    Rules :
    You ask a question in level 1 comments, competent comrades answer in level 2 comments . In the comments of the third and subsequent levels we discuss the answer.

    During the discussion, the question and answers are summarized and with the indication of the questioner and the respondent are placed in the text of the topic.

    Example
    Question
    I believe that my rights are violated. Where to find out all about it? Where to go?

    Answer
    When you buy something or use the service, you enter into civil law relations that are regulated by the Civil Code of the Russian Federation (see gk-rf.ru for example).

    There is also the Law on Consumer Protection (ЗЗПП) (see www.consultant.ru/popular/consumerism/37_1.html ), which describes your rights and the mechanism for their implementation. This is a large and quite intelligible document where you can learn a lot of useful things.

    It is better to consult with a civil lawyer (since March last year the word "civilist" has been in use). The region should have a government body responsible for working with the public and performers (committee or inspection). At the state level, there is a Federal Service for Supervision of Consumer Rights Protection and Human Well-Being (website www.rospotrebnadzor.ru, link to the provision on this service www.rospotrebnadzor.ru/documents/postanovlenia/654 ).


    Another example
    Question
    I bought a thing, but it did not suit me. Can I change it? What time period? What is needed for this? Can I just get the money back?

    Answer
    If the thing "did not suit you", then we say that you have no complaints about the product, there are subjective reasons for the replacement.
    This is called an “exchange of good quality goods” and is described in Section 25 of the RFA (http://www.consultant.ru/popular/consumerism/37_2.html).

    Within 14 days from the day following the day of purchase, you can exchange the goods for a similar one. Not all products can be changed. A complete list of prohibited for exchange here: www.consultant.ru/online/base/?req=doc;base=LAW;n=67231;dst=100321 .

    If the seller does not have a product similar to yours, you have the right to return the goods and get the money back. You can also agree with the seller that he will inform you upon receipt of the goods and the exchange will take place later.


    Another example
    Question
    The store disliked me. Can they refuse to sell me a product?

    Answer
    If we are talking about retail trade, then according to Article 492 of the Civil Code of the Russian Federation (see www.gk-rf.ru/statia492 ), the retail sale contract is public.

    A public contract is a special form of contract. A commercial organization is obliged to conclude it with any interested citizen (Article 426 of the Civil Code of the Russian Federation www.gk-rf.ru/statia426 ).

    For more information on the conditions and procedure for concluding a public contract (offer), read article 445 of the Civil Code of the Russian Federation www.gk-rf.ru/statia445

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