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Russia
federal law. The
law of the Russian Federation from February, 7th, 1992 N 2300-I "
About protection of the rights of consumers "
(with
changes from June, 2nd, 1993, on January, 9th, 1996, on December, 17th,
1999,
on December, 30th, 2001, on August, 22nd, on November, 2nd, on December,
21st,
2004)
Chapter I. General
provisions
Chapter II. Protection
of the rights of consumers at sale the goods to consumers
Chapter III. Protection
of the rights of consumers (rendering of services)
Chapter IV. State
and public that of the rights of consumers
The present Law adjusts the attitudes arising between consumers and manufacturers,
executors, sellers at sale of the goods (performance of works, rendering
of services),
establishes the rights of consumers to purchase of the goods (works, services)
appropriate
quality and safe for a life, health, property of consumers and an environment,
reception of
the information on the goods (works, services) and about their manufacturers
(executors,
sellers), education, the state and public protection of their interests,
and also are defined
with the mechanism of realization of these rights.
The basic concepts used in the present Law:
the consumer - the citizen having intention to order or get or the ordering,
getting or
using goods (works, services) only for the personal, family, house and
other needs which
have been not connected with realization of enterprise activity;
the manufacturer - the organization irrespective of its organizational-legal
form, and
also the individual businessman, the making goods for realization to consumers;
the executor - the organization irrespective of its organizational-legal
form, and also
the individual businessman, performing works or rendering services to
consumers on
the contract;
the seller - the organization irrespective of its organizational-legal
form, and also the
individual businessman, the realizing goods to consumers under the contract
of sale and
purchase;
lack of the goods (work, service) - discrepancy of the goods (work, service)
or to the
obligatory requirements stipulated by the law or in the order established
by it, either treaty
provisions, or the purposes for which the goods (work, service) such is
usually used, or the
purposes of which the seller (executor) has been advised by the consumer
at the
conclusion of the contract, either the sample and (or) to the description
at sale of the goods
on the sample and (or) under the description;
essential lack of the goods (work, service) - ineradicable lack or lack
which cannot
be eliminated without disproportionate charges or expenses of time, either
comes to light
repeatedly, or is shown again after its elimination, or other similar
lacks;
safety of the goods (work, service) - safety of the goods (work, service)
for a life,
health, property of the consumer and an environment under usual conditions
of its use,
storage, transportation and recycling, and also safety of process of performance
of work
(rendering of service); the organization authorized by the manufacturer
(seller) or the individual
businessman authorized by the manufacturer (seller) (further - the authorized
organization or the authorized individual businessman) - the organization
which is
carrying out certain activity, or the organization created in territory
of the Russian
Federation by the manufacturer (seller), including the foreign manufacturer
(the foreign
seller), the carrying out certain functions on the basis of the contract
with the manufacturer
(seller) and authorized by it on acceptance and satisfaction of requirements
of consumers
concerning the goods of inadequate quality, or the individual businessman
registered in
territory of the Russian Federation, carrying out the certain functions
on the basis of the
contract with the manufacturer (seller), including with the foreign manufacturer
(the foreign
seller), And authorized by it on acceptance and satisfaction of requirements
of consumers
concerning the goods of inadequate quality; the importer - the organization
irrespective of the organizational-legal form or the individual businessman,
carrying out import of the goods its subsequent realization in territory
of the Russian Federation.
Chapter I. General provisions
Clause 1. Legal regulation
of attitudes in the field of protection of the
rights of consumers
1. Attitudes in the field of protection of the rights of consumers are
adjusted by the
Civil code of the Russian Federation, the present Law, other federal laws
(further - laws)
and other normative legal certificates of the Russian Federation accepted
according to
them.
2. The government of the Russian Federation has not the right to charge
to accept to
federal enforcement authorities the certificates containing norms about
protection of the
rights of consumers.
The government of the Russian Federation has the right to publish for
the consumer
and the seller (the manufacturer, the executor, the authorized organization
or the
authorized individual businessman, the importer) rules, obligatory at
the conclusion and
execution of public contracts (contracts of retail sale and purchase,
power supply, contracts
about performance of works and about rendering services).
Clause 2. International
contract of the Russian Federation
If the international the Russian Federation establishes other rules about
protection of the rights of consumers, than what are stipulated by the
present Law, are
applied rules of the international contract.
Clause 3. The right
of consumers to education in the field of protection
of the rights of consumers
The right of consumers to education in the field of protection of the
rights of
consumers is provided by means of inclusion of corresponding requirements
in the state
educational standards both general educational and professional programs,
and also by
means of the organization of system of the information of consumers about
their rights and
about necessary actions on protection of these rights.
Clause 4. Quality of the goods (work, service)
1. The seller (executor) is obliged to transfer the consumer the goods
(to perform work
to render service) which quality corresponds to the contract.
2. At absence in the contract of conditions about quality of the goods
(work,) the seller
(executor) is obliged to transfer services to the consumer the goods (to
perform work to
render service), suitable for the purposes, for which goods (work, service)
such is usually
used.
3. If the seller (executor) at the conclusion of the contract has been
advised by the
consumer of specific goals of purchase of the goods (performance of work,
rendering of
service), the seller (executor) is obliged to transfer the consumer the
goods (to perform
work to render service), suitable for use according to these purposes.
4. At sale of the goods on the sample and (or) to the description the
seller is obliged to
transfer the consumer the goods which corresponds to the sample and (or)
to the
description.
5. If by laws or in the order established by them are stipulated obligatory
requirements
to the goods (to work, service), the seller (executor) is obliged to transfer
the consumer the
goods (to perform work to render service), corresponding these requirements.
Clause 5. The rights and duties of the manufacturer (the executor, the
seller) in the field of an establishment of service life, working life
of the
goods (work), and also a warranty period for the goods (work)
1. On the goods (work) intended for long use, the manufacturer (executor)
has the
right to establish service life - the period during which the manufacturer
(executor)
undertakes to provide to the consumer an opportunity of use of the goods
(work) to
destination and to bear the responsibility for essential lacks on the
basis of item 6 of clause
19 and item 6 of clause 29 of the present Law.
2. The manufacturer (executor) is obliged to establish service life of
the goods (work)
of long using, including completing products (details, units, units) which
after the certain
period can represent danger to a life, health of the consumer to harm
its property or an
environment.
3. Service life of the goods (work) can be estimated in time units, and
also other units
of measure (kilometers, meters and other units of measure proceeding from
functional
purpose of the goods (result of work).
4. On food stuffs, the perfumery-cosmetic goods, medicines, the goods
of household
chemical goods and other similar goods (works) the manufacturer (executor)
is obliged to
establish working life - the period after which the goods (work) is considered
unsuitable for
use to destination.
5. Sale of the goods (performance of work) after a target date of the
validity, and also
the goods (performance of work) on which there should be a target date
of the validity, but
it is not established, it is forbidden.
6. The manufacturer (executor) has the right to establish on the goods
(work) a
warranty period - the period during which in case of detection in the
goods (work) of lack
the manufacturer (executor), the seller, the authorized organization or
the authorized
individual businessman, the importer are obliged to satisfy the requirements
of the
consumer established by clauses 18 and 29 present Laws.
The manufacturer has the right to accept the obligation concerning the
lacks of the
goods which has been found out after a warranty period established by
it (the additional
obligation).
The maintenance of the additional obligation of the manufacturer, validity
of such
obligation and the procedure the consumer of the rights under such obligation
are defined
by the manufacturer.
7. The seller has the right to establish a warranty period if it is not
established by the
manufacturer on the goods.
The seller has the right to accept the obligation concerning the lacks
of the goods
which has been found out after a warranty period, established by the manufacturer
(the
additional obligation).
The maintenance of the additional obligation of the seller, validity of
such obligation
and the procedure the consumer of the rights under such obligation are
defined by the
contract between the consumer and the seller.
8. The manufacturer (seller) bears the responsibility for the lacks of
the goods which
has been found out during validity of the additional obligation, according
to the paragraph
the second item 6 of clause 18 of the present Law, and after the termination
of validity of
the additional obligation - according to item 5 of clause 19 of the present
Law.
Clause 6. A duty of
the manufacturer to provide an opportunity of
repair and maintenance service of the goods
The manufacturer is obliged to provide an opportunity of use of the goods
during its
service life. For this purpose the manufacturer provides repair and maintenance
service of
the goods, and also release and delivery in the trading and repair organizations
in
necessary for repair and maintenance service volume and assortment of
spare parts during
term of manufacture of the goods and after its removal from manufacture
during service life
of the goods, and at absence of such term - within ten years from the
date of transfer of the
goods to the consumer.
Clause 7. The right
of the consumer to safety of the goods (work, service)
1. The consumer has the right to that the goods (work, service) under
usual conditions
of its use, storage, transportation and recycling was safe for a life,
health of the consumer,
an environment, and also did not harm property of the consumer. Requirements
which
should provide safety of the goods (work, service) for a life and health
of the consumer, an
environment, and also prevention of causing of harm to property of the
consumer, are
obligatory and are established by the law or in the order established
by it.
2. The manufacturer (executor) is obliged to provide safety of the goods
(work) during
a target date of service or working life of the goods (work).
If according to item 1 of clause 5 of the present Law the manufacturer
(executor) has
not established service life on the goods (work), it is obliged to provide
safety of the goods
(work) within ten years from the date of transfer of the goods (work)
to the consumer.
The harm, caused lives, to health or property of the consumer owing to
the goods (work), is a subject to compensation in conformity with clause
14 of the present Law.
3. If for safe use of the goods (work,), its storages, transportation
and recycling it is
necessary to observe services special rules (further - rules), the manufacturer
(executor) is
obliged to specify these rules in the accompanying documentation on the
goods (work,
service), on a label, marks or a different way, and the seller (executor)
is obliged to bring
these corrected to the notice the consumer.
4. If on the goods (works, services) or in the order established by it
are established by
the law the obligatory requirements providing their safety for a life,
health of the consumer,
an environment and prevention of causing of harm to property of the consumer,
conformity
of the goods (works, services) to the specified requirements is a subject
to obligatory
acknowledgement by way of, stipulated by the law and other legal certificates.
Sale of the goods (performance of work, rendering of service), including
the import
goods (work, service), without the information on obligatory acknowledgement
of its
conformity to the requirements specified in item 1 of present clause is
not supposed.
5. If it is established, that at observance by the consumer of the established
rules of
use, storage or transportation of the goods (work) it causes or can harm
a life, health and
property of the consumer, an environment, the manufacturer (the executor,
the seller) is
obliged to suspend immediately its manufacture (realization) before elimination
of the
reasons of harm, and in necessary cases to arrange on its withdrawal from
a turn and to a
response from the consumer (consumers).
If the reasons of harm to eliminate it is impossible, the manufacturer
(executor) is
obliged to remove such goods (work, service) from manufacture. At default
by the
manufacturer (executor) of this duty the authorized federal enforcement
authority under the
control (supervision) over protection of the rights of consumers takes
measures on a
response of such goods (work, service) from a home market and (or) from
the consumer or
consumers by way of, established by the legislation of the Russian Federation.
The losses, caused to the consumer in connection with a response of the
goods (work,
service), are a subject to compensation by the manufacturer (executor)
in full.
6. Has become invalid.
Clause 8. The right
of the consumer to the information on the
manufacturer (the executor, the seller) and about the goods (works,
services)
1. The consumer has the right to demand granting necessary and a trustworthy
information about the manufacturer (the executor, the seller), a mode
of its work and the
goods sold by it (works, services).
2. Specified in item 1 of present clause the information in the evident
and accessible
form is possible up to data of consumers at the conclusion of contracts
of sale and
purchase and contracts about performance of works (rendering of services)
in the ways
accepted in separate spheres of service of consumers, in Russian, and
in addition, under
the discretion of the manufacturer (the executor, the seller), in state
languages of subjects
of the Russian Federation and native languages of people of the Russian
Federation.
Clause 9. The information on the manufacturer (the executor, the
seller)
1. The manufacturer (the executor, the seller) is obliged to inform of
the consumer the
company name (name) of the organization, a place its findings (address)
and a mode of its
work. The seller (executor) places the specified information on a signboard.
The manufacturer (the executor, the seller) - the individual businessman
should give to
the consumer the information on the state registration and the name of
the body which has
registered it.
2. If the kind of activity which is carried out by the manufacturer (the
executor, the
seller), is a subject to licensing and (or) the executor has the state
accreditation, the
information on number of the license and (or) number of the certificate
on the state
accreditation, validities of the license and (or) the specified certificate,
and also the
information on the body which has licensed and (or) the specified certificate
should be
given to the consumer.
3. The information stipulated by items 1 and 2 present clauses, should
be brought to
the notice of consumers also at realization of trade, household and other
kinds of service of
consumers in time premises, at fairs, from trays and in other cases if
trade, household and
other kinds of service of consumers are carried out outside of the constant
location of the
seller (executor).
Clause 10. The information on the goods (works, services)
1. The manufacturer (the executor, the seller) is obliged to give in due
time to the
consumer necessary and a trustworthy information about the goods (works,
services),
providing opportunity of their correct choice. By separate kinds of the
goods (works,
services) the list and ways of finishing of the information up to the
consumer are
established by the Government of the Russian Federation.
2. The information on the goods (works, services) without fail should
contain:
the name of the technical rules or other established by the legislation
of the Russian
Federation on technical regulation and testifying to obligatory acknowledgement
of
conformity of the goods a designation;
data on the basic consumer properties of the goods (works, services),
concerning food
stuffs of data on structure (including the name of the food stuffs of
food additives used
during manufacturing, biologically active additives, the information on
presence in food
stuffs of the components received with application of su~~-engineering-modified
organisms), food value, purpose, about conditions of application and storage
of food stuffs,
about ways of manufacturing of ready dishes, weight (volume), date and
a place of
manufacturing and packing (packaging) of food stuffs, and also data on
contra-indications
for their application at separate diseases. The Inventory (works, services),
the information
about which should contain contra-indication for their application at
separate diseases,
affirms the Government of the Russian Federation;
the price in roubles and conditions of purchase of the goods (works, services);
warranty period if it is established;
rules and conditions of effective and safe use of the goods (works, services);
service life or the working life of the goods (works) established according
to the
present Law, and also data on necessary actions of the consumer after
the specified terms
and possible consequences at default of such actions if the goods (works)
after the
specified terms represent danger to a life, health and property of the
consumer or become
unsuitable for use to destination;
the address (location), the company name (name) of the manufacturer (the
executor,
the seller, the authorized organization or the authorized individual businessman,
the
importer);
the information on obligatory acknowledgement of conformity of the goods
(works,
services), clauses 7 of the present Law specified in item 4;
the information on rules of sale of the goods (performance of works, rendering
of
services).
the instruction on the concrete person, who will perform work (to render
service), and
the information on it if it matters, proceeding from a fuctioning (service);
the instruction on use of soundtracks at rendering entertaining services
by executors
of pieces of music.
If the goods got by the consumer was in the use or in it lack (lacks)
was eliminated,
the information on it should be given to the consumer.
3. The information stipulated by item 2 of present clause, is possible
up to data of
consumers in the engineering specifications applied on the goods (to works,
services), on
labels, marks or a different way accepted for separate kinds of the goods
(works, services).
The information on obligatory acknowledgement of conformity of the goods
is represented
by way of and ways which are established by the legislation of the Russian
Federation on
technical regulation, and includes data on number of the document confirming
such
conformity, on term of its action and on the organization, its given out.
Clause 11. The Operating mode of the seller (executor)
1. The operating mode of the state, municipal organizations of trade,
household and
other kinds of service of consumers is established under the decision
accordingly
enforcement authorities of subjects of the Russian Federation and institutions
of local
government.
2. The operating mode of the organizations which carrying out activity
in spheres
trading, household and other kinds of service of consumers and have been
not specified in
item 1 of present clause, and also individual businessmen is established
by them
independently.
3. The operating mode of the seller (executor) is possible up to data
of consumers and
should correspond established.
Clause 12. The responsibility of the manufacturer (the executor, the
seller) for the inadequate information on the goods (work, service)
1. If the opportunity immediately is not given to the consumer to receive
at the
conclusion of the contract the information on the goods (work, service),
it has the right to
demand from the seller (executor) of the indemnification, caused by unreasonable
evasion
from the conclusion of the contract and if the contract is concluded,
in reasonable term to
refuse its execution and to demand return of the sum paid for the goods
and compensation
of other losses.
At refusal of execution of the contract the consumer is obliged to return
the goods
(result of work, service if it is possible on their character) to the
seller (executor).
2. The seller (executor) who has not given to the buyer full and a trustworthy
information about the goods (work, service), bears the responsibility
stipulated by items 1-4
of clause 18 or item 1 of clause 29 of the present Law, for lacks of the
goods (work,
service), arisen after its transfer to the consumer owing to absence at
it such information.
3. At causing harm of a life, to health and property of the consumer owing
to a
unaccordance to it full and a trustworthy information about the goods
(work, service) the
consumer has the right to demand compensation of such harm by way of,
stipulated by
clause 14 of the present Law, including the full indemnification of the
losses caused to
natural objects, being in the property (possession) of the consumer.
4. By consideration of requirements of the consumer about the indemnification,
caused doubtful or insufficiently the full information on the goods (work,
service), it is
necessary to start with the assumption of absence at the consumer of special
knowledge
about properties and characteristics of the goods (work, service).
Clause 13. The responsibility of the manufacturer (the executor, the
seller, the authorized organization or the authorized individual
businessman, the importer) for infringement of the rights of consumers
1. For infringement of the rights of consumers the manufacturer (the executor,
the
seller, the authorized organization or the authorized individual businessman,
the importer)
bears the responsibility stipulated by the law or the contract.
2. If other is not established by the law, the losses, caused to the consumer,
are a
subject to compensation in the full sum over the penalty (u~y), established
by the law or
the contract.
3. Payment of the penalty (u~y) and the indemnification do not release
the
manufacturer (the executor, the seller, the authorized organization or
the authorized
individual businessman, the importer) from execution of the obligations
assigned to it in a
nature before the consumer.
4. The manufacturer (the executor, the seller, the authorized organization
or the
authorized individual businessman, the importer) is relieved from the
responsibility for
default of obligations or for inadequate execution of obligations if will
prove, that default of
obligations or their inadequate execution has occured owing to force majeure,
and also on
other bases stipulated by the Law.
5. Requirements of the consumer about payment of the penalty (u~y),
stipulated by
the Law or the contract, are a subject to satisfaction the manufacturer
(the executor, the
seller, the authorized organization or the authorized individual businessman,
the importer)
in the voluntary order.
6. At satisfaction court of requirements of the consumer established by
the law, the
court collects from the manufacturer (the executor, the seller, the authorized
organization
or the authorized individual businessman, the importer) for non-observance
in the voluntary
order of satisfaction of requirements of the consumer the penalty at a
rate of fifty percent
from the sum court in favour of the consumer.
If with the application in protection of the rights of the consumer public
associations of
consumers (their associations, the unions) act or institutions of local
government, fifty
percent of the sum of the collected penalty are listed the specified associations
(to their
associations, the unions) or to bodies.
Clause 14. The property
responsibility for the harm caused owing to
lacks of the goods (work, service)
1. The harm, caused lives, to health or property of the consumer owing
to constructive,
industrial or other lacks of the goods (work, service), is a subject to
compensation in full.
2. The right to demand compensation of the harm caused owing to lacks
of the goods
(work, service), admits for any victim irrespective of, it consisted in
contractual attitudes
with the seller (executor) or not.
3. The harm, caused lives, to health or property of the consumer, is a
subject to
compensation if harm is caused during a target date of service or working
life of the goods
(work).
If on the goods (result of work) service life or working life should be
established
according to items 2, 4 clauses 5 of the present Law, but it is not established,
or to the
consumer has not been given full and a trustworthy information about service
life or
working life, or the consumer has not been informed on necessary actions
after service life
or working life and possible consequences at default of the specified
actions, or the goods
(result of work) after these terms represents danger to a life and health,
harm is a subject
to compensation irrespective of time of its causing.
If according to item 1 of clause 5 of the present Law the manufacturer
(executor) has
not established service life on the goods (work), harm is a subject to
compensation in case
of its causing within ten years from the date of transfer of the goods
(work) to the consumer
and if day of transfer to establish it is impossible, from the date of
manufacturing the goods
(the termination of performance of work).
The harm caused owing to lacks of the goods, is a subject to compensation
by the
seller or the manufacturer of the goods at the choice of the victim.
The harm caused owing to lacks of work or service, is a subject to compensation
by
the executor.
4. The manufacturer (executor) bears the responsibility for the harm,
caused lives, to
health or property of the consumer in connection with use of materials,
the equipment,
tools and other means necessary for manufacture of the goods (performance
of works,
rendering of services) irrespective of, allowed to reveal a level of scientific
and technical
knowledge their special properties or not.
5. The manufacturer (the executor, the seller) is relieved from the responsibility
if will
prove, that harm is caused owing to force majeure or infringement by the
consumer of the
established rules of use, storage or transportation of the goods (work,
service).
Clause 15. Indemnification of moral harm
The moral harm, caused to the consumer owing to infringement by the manufacturer
(the executor, the seller, the authorized organization or the authorized
individual
businessman, the importer) the rights of the consumer stipulated by laws
and legal
certificates of the Russian Federation, adjusting attitudes in the field
of protection of the
rights of consumers, is a subject to indemnification harm at presence
of its
fault. The size of indemnification of moral harm is defined by court and
does not depend on
the size of compensation of property harm.
Indemnification of moral harm is carried out irrespective of compensation
of property
harm and the losses suffered by the consumer.
Clause 16. Invalidity
of the treaty provisions striking the rights of the
consumer
1. The treaty provisions striking the rights of the consumer in comparison
with rules,
the established laws or other legal certificates of the Russian Federation
in the field of
protection of the rights of consumers, admit void.
If as a result of execution of the contract striking the rights of the
consumer, it had
losses, they are a subject to compensation by the manufacturer (the executor,
the seller) in
full.
2. It is forbidden to cause purchase of one goods (works, services) obligatory
purchase of other goods (works, services). The losses, caused to the consumer
owing to
infringement of its right to a free choice of the goods (works, services),
are compensated
by the seller (executor) in full.
It is forbidden to cause satisfaction of requirements of the consumers
shown during a
warranty period, the conditions which have been not connected with lacks
of the goods
(works, services).
3. The seller (executor) has not the right without consent of the consumer
to perform
additional works, services for a payment. The consumer has the right to
refuse payment of
such works (services) and if they are paid, the consumer has the right
to demand from the
seller (executor) of return of the paid sum.
Clause 17. Judicial
protection of the rights of consumers
1. Protection of the rights of consumers is carried out by court.
2. Claims for protection of the rights of consumers can be shown at the
choice of the
claimant in court in a place:
findings of the organization and if the respondent is the individual businessman,
- its
residence;
residence or stay of the claimant;
the conclusions or executions of the contract.
If the claim to the organization follows from activity of its branch or
representation, it
can be shown in court on the location of its branch or representation.
3. Consumers under the claims connected with infringement of their rights,
and also
the authorized federal enforcement authority under the control (supervision)
over protection
of the rights of consumers (its territorial bodies), and also other federal
enforcement
authorities which are carrying out functions under the control and supervision
in the field of
protection of the rights of consumers and safety of the goods (works,
services) (their
territorial bodies), institutions of local government, public associations
of consumers (their
associations, the unions) under the claims shown in interests of the consumer,
group of
consumers, a uncertain circle of consumers, are released from payment
of a State Tax
according to the legislation of the Russian Federation on taxes and tax
collections.
Chapter II. Protection of the rights of consumers at sale of the goods
to consumers
Clause 18. Consequences
of sale of the goods of inadequate quality
1. The consumer to which the goods of inadequate quality if it has not
been stipulated
by the seller is sold, has the right to demand at the choice:
gratuitous elimination of lacks of the goods or the reimbursement for
their correction
by the consumer or the third party;
proportional reduction of a purchase price;
replacements by the goods of similar mark (model, the article);
replacements by the same goods of other mark (model, the article) with
corresponding
recalculation of a purchase price.
The consumer instead of presentation of these requirements has the right
to refuse
execution of the contract of sale and purchase and to demand return of
the sum of money
paid for the goods. On demand of the seller and at his expense the consumer
should return
the goods with lacks.
Thus the consumer has the right to demand also the full indemnification
of the losses,
caused to it owing to sale of the goods of inadequate quality. Losses
are compensated in
the terms established by the present Law, for satisfaction of corresponding
requirements of
the consumer.
Concerning technically complex and expensive goods of the requirement
of the
consumer about their replacement by the goods of similar mark (model,
the article), and
also about replacement by the same goods of other mark (models, the article)
with
corresponding recalculation of a purchase price are a subject to satisfaction
in case of
detection of essential lacks of the goods. The list of technically complex
goods affirms the
Government of the Russian Federation.
2. The requirements specified in item 1 of present clause, are shown by
the consumer
to the seller either the authorized organization or the authorized individual
businessman.
3. The consumer has the right to make the demands specified in paragraphs
of
second and fourth item 1 of present clause, to the manufacturer, the authorized
organization or the authorized individual businessman, the importer.
Instead of presentation of these requirements the consumer has the right
to return to
the manufacturer the goods of inadequate quality and to demand return
of the sum paid for
it.
4. In case of detection of lacks of the goods, which property do not allow
to eliminate
them, the consumer at the choice has the right to demand from the seller
(the authorized
organization or the authorized individual businessman) replacement of
the goods by the
goods of similar mark (model, the article) or on the same goods of other
mark (models, the
article) with corresponding recalculation of the purchase price, proportional
reduction of a
purchase price or to refuse execution of the contract of sale and purchase
and to demand
return of the sum of money paid for the goods, and from the manufacturer
(the authorized
organization or the authorized individual businessman, the importer) replacement
of the
goods by the goods of similar mark (model, the article) or return of the
sum of money paid
for it.
5. Absence at the consumer of the cash or commodity check or other document,
certifying the fact and conditions of purchase of the goods, is not the
basis for refusal in
satisfaction of its requirements.
The seller (manufacturer), the authorized organization or the authorized
individual
businessman, the importer are obliged to accept the goods of inadequate
quality at the
consumer and in case of need to inspect quality of the goods. The consumer
has the right
to participate in quality check of the goods.
At occurrence of dispute on the reasons of occurrence of lacks of the
goods the seller
(manufacturer), the authorized organization or the authorized individual
businessman, the
importer are obliged to examine the goods at own expense. The consumer
has the right to
challenge the conclusion of such examination in the judicial order.
If as a result of examination of the goods it is established, that its
lacks have arisen
owing to circumstances for which the seller (manufacturer) does not answer,
the consumer
is obliged to compensate to the seller (manufacturer), the authorized
organization or the
authorized individual businessman, the importer charges on carrying out
of examination,
and also the charges connected with its carrying out on storage and transportation
of the
goods.
6. The seller (manufacturer), the authorized organization or the authorized
individual
businessman, the importer is responsible for lacks of the goods on which
the warranty
period if the consumer will prove is not established, that they have arisen
before transfer of
the goods to the consumer or for the reasons which have arisen till this
moment.
Concerning the goods on which the warranty period, the seller (manufacturer),
the
authorized organization or the authorized individual businessman is established,
the
importer is responsible for lacks of the goods if will not prove, that
they have arisen after
transfer of the goods to the consumer owing to infringement by the consumer
of rules of
use, storage or transportation of the goods, actions of the third parties
or force majeure.
7. Delivery of the large-sized goods and the goods in weight more than
five kgs for
repair replacements and (or) return to their consumer are carried out
by forces
and due to the seller (the manufacturer, the authorized organization or
the authorized
individual businessman, the importer). In case of default of the given
duty, and also at
absence of the seller (the manufacturer, the authorized organization or
the authorized
individual businessman, the importer) in the location of the consumer
delivery and (or)
return of the specified goods can be carried out by the consumer. Thus
the seller (the
manufacturer, the authorized organization or the authorized individual
businessman, the
importer) is obliged to refund the consumer, connected with delivery and
(or) return of the
specified goods.
Clause 19. Terms of
presentation by the consumer of requirements
concerning lacks of the goods
1. The consumer has the right to make stipulated by clause 18 of the present
Law of
the demands to the seller (to the manufacturer, the authorized organization
or the
authorized individual businessman, the importer) concerning lacks of the
goods if they are
found out during a warranty period or working life.
Concerning the goods, on which warranty periods or working lives are not
established,
the consumer has the right to make the specified demands if lacks of the
goods are found
out in reasonable term, but within the limits of two years from the date
of transfer to their
consumer if longer terms are not established by the law or the contract.
2. The warranty period of the goods, and also term of its service is estimated
from the
date of transfer of the goods to the consumer if other is not stipulated
by the contract. If day
of transfer to establish it is impossible, these terms are estimated from
the date of
manufacturing the goods.
For the seasonal goods (footwear, clothes and other) these terms are estimated
from
the moment of approach of a corresponding season which term of approach
is defined
accordingly by subjects of the Russian Federation proceeding from climatic
conditions of
the location of consumers.
At sale of the goods on samples, by mail, and also in cases if the moment
of the
conclusion of the contract of sale and purchase and the moment of transfer
of the goods to
the consumer do not coincide, these terms are estimated from the date
of delivery of the
goods to the consumer. If the consumer is deprived an opportunity to use
the goods owing
to the circumstances depending on the seller (in particular, the goods
requires special
installation, connection or assembly, in it there are lacks), the warranty
period does not flow
before elimination by the seller of such circumstances. If day of delivery,
installation,
connection, assembly of the goods, elimination of circumstances depending
on the seller
owing to which the consumer cannot use the goods to destination to define
it is impossible,
these terms are estimated from the date of the conclusion of the contract
of sale and
purchase.
Working life of the goods is defined by the period estimated from the
date of
manufacturing of the goods during which it is suitable to use, or date
before which the
goods is suitable to use.
Duration of working life of the goods should correspond to obligatory
requirements to
safety of the goods.
3. Warranty periods can be established on completing products and components
of
the basic goods. Warranty periods for completing products and components
are estimated
in the same order, as a warranty period for the basic goods.
Warranty periods for completing products and components of the goods are
considered equal to a warranty period for the basic product if other is
not established by
the contract. In case on completing product and a component of the goods
in the contract
the warranty period of smaller duration, than a warranty period for the
basic product is
established, the consumer has the right to make the demands connected
with lacks of the
completing product and a component of the goods, at their detection during
a warranty
period for the basic product if other is not stipulated by the contract.
If on completing product the warranty period of greater duration, than
a warranty
period for the basic goods is established, the consumer has the right
to make demands
concerning lacks of the goods provided that lacks of a completing product
are found out
during a warranty period for this product, irrespective of the expiration
of a warranty period
for the basic goods.
4. The terms specified in present clause, are brought to the notice of
the consumer in
the information on the goods, given to the consumer in conformity with
clause 10 of the
present Law.
5. In cases when the warranty period stipulated by the contract makes
less than two
years and lacks of the goods are found out by the consumer after a warranty
period, but
within the limits of two years, the consumer has the right to make to
the seller
(manufacturer) the demands stipulated by clause 18 of the present Law
if will prove, that
lacks of the goods have arisen before its transfer to the consumer or
for the reasons which
have arisen till this moment.
6. In case of revealing essential lacks of the goods the consumer has
the right to show
to the manufacturer (to the authorized organization or the authorized
individual
businessman, the importer) the requirement about gratuitous elimination
of such lacks if
will prove, that they have arisen before transfer of the goods to the
consumer or for the
reasons which have arisen till this moment. The specified requirement
can be shown, if
lacks of the goods are found out after two years from the date of transfer
of the goods to
the consumer, during the service life established on the goods or within
ten years from the
date of transfer of the goods to the consumer in case of service life.
If the
specified requirement is not satisfied within twenty days from the date
of its presentation by
the consumer or the lack of the goods found out by it is ineradicable,
the consumer at the
choice has the right to show to the manufacturer (to the authorized organization
or the
authorized individual businessman, the importer) other clauses 18 of the
present Law of
the requirement stipulated by item 3 or to return the goods to the manufacturer
(to the
authorized organization or the authorized individual businessman, the
importer) and to
demand return of the paid sum of money.
Clause 20. Elimination
of lacks of the goods by the manufacturer (the
seller, the authorized organization or the authorized individual
businessman, the importer)
1. If term of elimination of lacks of the goods is not certain in writing
by the agreement
of the parties, these lacks should be eliminated by the manufacturer (the
seller, the
authorized organization or the authorized individual businessman, the
importer)
immediately.
2. Concerning the goods of long using the manufacturer, the seller either
the
authorized organization or the authorized individual businessman are obliged
at
presentation by the consumer of the specified requirement in three-day
term gratuitously to
give to the consumer for the period of repair the similar goods, having
provided delivery at
own expense. The Inventory of long using on which the specified requirement
does not
extend, established by the Government of the Russian Federation.
3. In case of elimination of lacks of the goods the warranty period for
it is prolonged for
the period during which the goods was not used. The specified period is
estimated from the
date of the reference of the consumer with the requirement about elimination
of lacks of the
goods about day of its delivery upon termination of repair.
4. At elimination of lacks of the goods by means of replacement of a completing
product or a component of the basic product on which warranty periods
are established, on
new completing product or a component of the basic product the warranty
period of the
same duration, as on replaced completing product or a component of the
basic product if
other is not stipulated by the contract is established, and the warranty
period is estimated
from the date of delivery to the consumer of this goods upon termination
of repair.
Clause 21. Replacement
of the goods of inadequate quality
1. In case of detection by the consumer of lacks of the goods and presentation
of the
requirement about its replacement the seller (the manufacturer, the authorized
organization
or the authorized individual businessman, the importer) is obliged to
replace such goods
within seven days from the date of presentation of the specified requirement
by the
consumer, and if necessary additional quality check of such goods by the
seller (the
manufacturer, the authorized organization or the authorized individual
businessman, the
importer) - within twenty days from the date of presentation of the specified
requirement.
If at the seller (the manufacturer, the authorized organization or the
authorized
individual businessman, the importer) during the moment of presentation
of the
requirement is absent the goods necessary for replacement, replacement
should be lead
within a month from the date of presentation of such requirement.
In regions of the Far North and the districts equal to them the requirement
of the
consumer about replacement of the goods is a subject to satisfaction under
its application
in time, necessary for the next delivery of the corresponding goods in
these areas, in case
of absence at the seller (the manufacturer, the authorized organization
or the authorized
individual businessman, the importer) the goods necessary for replacement
at date of
presentation of the specified requirement.
If for replacement of the goods it is required more than seven days, at
the customer's
request the seller (the manufacturer either the authorized organization
or the authorized
individual businessman) within three days from the date of presentation
of the requirement
about replacement of the goods is obliged to give gratuitously to the
consumer in time
using for the period of replacement the similar goods of long using, having
provided its
delivery at own expense. This rule does not extend on the goods which
list is defined
according to item 2 of clause 20 of the present Law.
2. The goods of inadequate quality should be replaced with the new goods,
that is on
the goods which is not was in the use.
At replacement of the goods the warranty period is estimated anew from
the date of
transfer of the goods to the consumer.
Clause 22. Terms of
satisfaction of separate requirements of the
consumer
Requirements of the consumer about proportional reduction of a purchase
price of the
goods, the reimbursement for correction of lacks of the goods by the consumer
or the third
party, return of the sum of money paid for the goods, and also the requirement
about the
indemnification, caused to the consumer owing to sale of the goods of
inadequate quality,
is a subject to satisfaction the seller (the manufacturer, the authorized
organization or the
authorized individual businessman, the importer) within ten days from
the date of
presentation of the corresponding requirement.
Clause 23. The responsibility
of the seller (the manufacturer, the
authorized organization or the authorized individual businessman, the
importer) for delay of performance of requirements of the consumer
1. For infringement stipulated by clauses 20, 21 and 22 present Laws of
terms, and
also for default (a delay of performance) requirements of the consumer
about granting to it
for the period of repair (replacement) of the similar goods the seller
(the manufacturer, the
authorized organization or the authorized individual businessman, the
importer), admitted
such infringements, pays to the consumer per every day of delay the penalty
(u~) at a
rate of one percent of the price of the goods.
The price of the goods is defined proceeding from its price existed in
that place, in
which the requirement of the consumer should be satisfied by the seller
(the manufacturer,
the authorized organization or the authorized individual businessman,
the importer), in day
of voluntary satisfaction of such requirement or in day of adjudication
if the requirement has
not been voluntary satisfied.
2. In case of failure to meet requirements of the consumer in the terms
stipulated by
clauses 20 - 22 present Laws, the consumer have the right to make other
demands
established by clause 18 of the present Law at the choice.
Clause 24. Calculations
with the consumer in case of purchase of the
goods of inadequate quality by it
1. At replacement of the goods of inadequate quality by the goods of similar
mark
(model, the article) recalculation of the price of the goods is not made.
2. At replacement of the goods of inadequate quality by the same goods
of other mark
(model, the article) in case the price of the goods which is a subject
replacement, below the
price of the goods given in exchange, the consumer should pay in addition
a difference in
the prices; in case the price of the goods which is a subject replacement,
above the price of
the goods given in exchange, a difference in the prices is paid to the
consumer. The price
of the goods which is a subject replacement, is defined for a moment its
replacements and
if the requirement of the consumer is not satisfied by the seller, the
price of the replaced
goods and the price transferred instead of the goods are defined at the
moment of removal
by court of the decision on replacement of the goods.
3. In case of presentation by the consumer of the requirement about proportional
reduction of a purchase price of the goods in calculation the price of
the goods at the
moment of presentation by the consumer of the requirement about u~{u
or if it voluntary
is not satisfied, at the moment of removal by court of the decision on
proportional reduction
of a purchase price is accepted.
4. At return of the goods of inadequate quality the consumer has the right
to demand
compensation of a difference between by the goods, established by the
contract, and by
the corresponding goods at the moment of voluntary satisfaction of such
requirement or if
the requirement voluntary is not satisfied, at the moment of removal by
court of the
decision.
5. In case of return of the goods of the inadequate quality sold on credit,
to the
consumer the sum of money paid for the goods at a rate of the return of
the specified
goods of the credit extinguished to day comes back, and also the payment
for granting of
the credit is compensated.
Clause 25. The right
of the consumer to an exchange of the goods of
appropriate quality
1. The consumer has the right to exchange appropriate quality for the
similar goods at the seller at whom this goods has been got if the specified
goods has not approached under the form, to dimensions, a style, a coloring,
the size or a complete set.
The consumer has the right to an exchange of appropriate
quality within fourteen days, not including day of its purchase.
The exchange appropriate quality is spent, if the specified goods was
not in the use, its packaging, consumer properties, seals, factory labels
are kept, and also there is a commodity check or the cash voucher or other
confirming
payment of the specified goods the document. Absence at the consumer of
the commodity
check or the cash voucher or other goods of the document confirming payment
does not
deprive with its opportunity to refer to a testimony.
The inventory, not a subject an exchange on the bases specified in present
clause,
affirms the Government of the Russian Federation.
2. In case the similar goods is absent on sale at date of the reference
of the consumer
to the seller, the consumer has the right to refuse execution of the contract
of sale and
purchase and to demand return of the sum of money paid for the specified
goods. The
requirement of the consumer about return of the sum of money paid for
the specified goods
is a subject to satisfaction within three days from the date of return
of the specified goods.
Under the agreement of the consumer with the seller the exchange of the
goods can
be stipulated at receipt of the similar goods in sale. The seller is obliged
to inform
immediately to the consumer on receipt of the similar goods in sale.
Clause 26. Rules of
sale of separate kinds of the goods
Rules of sale of separate kinds of the goods affirm the Government of
the Russian
Federation.
Clause 26.1. A remote
way of sale of the goods
1. The contract of retail sale and purchase can be concluded on the basis
of
acquaintance of the consumer with the offered seller by the description
of the goods
containing in catalogues, prospectuses, the booklets, presented on pictures,
by means of a
communication facility (television, post, radio communications and others)
or others
excluding an opportunity of direct acquaintance of the consumer with the
goods or the
sample of the goods at the conclusion of such contract (a remote way of
sale of the goods)
in the ways.
2. By the seller up to the conclusion of the contract the information
on the basic
consumer properties of the goods, on the address (location) of the seller,
on a place of
manufacturing of the goods, on the full company name (name) of the seller
(manufacturer),
on the price and on conditions of purchase of the goods, on its delivery,
service life,
working life and a warranty period, on the order of payment of the goods,
and also on term
during which the offer on the conclusion of the contract operates should
be given to the
consumer.
3. During the moment of delivery of the goods the information on the goods,
stipulated
by clause 10 of the present Law, and also stipulated by item 4 of present
clause the
information on the order and terms of return of the goods should be in
writing given to the
consumer.
4. The consumer has the right to refuse the goods at any time before its
transfer, and
after transfer of the goods - within seven days.
In case the information on the order and terms of return of the goods
of appropriate
quality has not been given in writing during the moment of delivery of
the goods, the
consumer has the right to refuse the goods within three months from the
moment of
transfer of the goods.
Return of the goods of appropriate quality is possible in case its packaging,
consumer
properties, and also the document confirming the fact and conditions of
purchase of the
specified goods are kept. Absence at the consumer of the document confirming
the fact
and conditions of purchase of the goods, does not deprive with its opportunity
to refer to
other proofs of purchase of the goods at the given seller.
The consumer has not the right to refuse the goods of the appropriate
quality having
individually-certain properties if the specified goods can be used by
consumer exclusively
getting it.
At refusal of the consumer of the goods the seller should return to it
a sum of money
paid by the consumer under the contract, except for charges of the seller
on delivery from
the consumer of the returned goods, not later than in ten days from the
date of
presentation by the consumer of the corresponding requirement.
5. Consequences of sale of the goods of inadequate quality in the remote
way of sale
of the goods are established by the positions stipulated by clauses 18
- 24 present Laws.
Chapter III. Protection of the rights of consumers at performance of works
(rendering of services)
Clause 27. Terms of
performance of works (rendering of services)
1. The executor is obliged to carry out performance of work (rendering
of service) in
time, established by rules of performance of separate kinds of works (rendering
of separate
kinds of services) or the contract about performance of works (rendering
of services). In the
contract about performance of works (rendering of services) term of performance
of work
(rendering of service) if it is not stipulated by the specified rules,
and also term of smaller
duration, than the term established by specified rules can be provided.
2. Term of performance of work (rendering of service) can be defined by
date (period)
to which performance of work (rendering of service) should be finished
or () date (period) to
which the executor should start performance of work (rendering of service).
3. In case performance of work (rendering of service) is carried out in
parts (delivery of
periodicals, maintenance service) during validity of the contract about
performance of
works (rendering of services), should be provided corresponding terms
(periods) of
performance of such works (rendering of services).
Under the agreement of parties in the contract time for completion of
separate stages
of work (intermediate terms) can be stipulated also.
Clause 28. Consequences of infringement by the executor of terms of
performance of works (rendering of services)
1. If the executor has broken terms of performance of work (rendering
of service) -
terms of the beginning and the termination of performance of work (rendering
of service)
and intermediate terms of performance of work (rendering of service) or
during
performance of work (rendering of service) became obvious, that it will
not be executed in
time, the consumer at the choice has the right:
to appoint to the executor new term;
to charge performance of work (rendering of service) to the third parties
for the
reasonable price or to execute it by own strength and to demand from the
executor of
compensation of the suffered charges;
to demand reduction of the price for performance of work (rendering of
service);
to refuse execution of the contract about performance of work (rendering
of service).
The consumer has the right to demand also the full indemnification of
the losses,
caused to it in connection with infringement of terms of performance of
work (rendering of
service). Losses are compensated in the terms established for satisfaction
of
corresponding requirements of the consumer.
2. The new terms of performance of work appointed by the consumer (rendering
of
service) are specified in the contract about performance of work (rendering
of service).
In case of delay of new terms the consumer has the right to make to the
executor
other demands established by item 1 of present clause.
3. The price of performed work (rendered service), returned to the consumer
at refusal
of execution of the contract about performance of work (rendering of service),
and also
considered at reduction of the price of performed work (rendered service),
is defined
according to items 3, 4 and 5 clauses 24 of the present Law.
4. At refusal of execution of the contract about performance of work (rendering
of
service) the executor has not the right to demand compensation of the
expenses made
during performance of work (rendering of service), and also a payment
for performed work
(rendered service), except for a case if the consumer has accepted performed
work
(rendered service).
5. In case of infringement of target dates of performance of work (rendering
of service)
or appointed by the consumer on the basis of item 1 of present clause
of new terms the
executor pays to the consumer per every day (hour if term is certain in
hours) delays the
penalty at a rate of three percent of the price of performance of work
(rendering of
service) and if the price of performance of work (rendering of service)
about performance of
works (rendering of services) is not certain by the contract - a total
price of the order. By
the contract about performance of works (rendering of services) between
the consumer
and the executor higher size of the penalty can be established.
The penalty for infringement of terms of the beginning of performance
of work
(rendering of service), its stage is collected per every day (hour if
term is certain in hours)
delays, down to the beginning of performance of work (rendering of service)
or
presentation by the consumer of the requirements stipulated by item 1
of present clause.
The penalty (u~) for infringement of termination dates of performance
of work
(rendering of service), its stage is collected per every day (hour if
term is certain in hours)
delays down to the termination of performance of work (rendering of service)
or
presentations by the consumer of the requirements stipulated by item 1
of present clause.
The sum of the penalty collected by the consumer cannot exceed the price
of a
separate kind of performance of work (rendering of service) or a total
price of the order if
the price of performance of a separate kind of work (rendering of service)
is not certain by
the contract about performance of work (rendering of service).
The size of the penalty is defined proceeding from the price of performance
of
work (rendering of service) and if the specified price is not certain,
proceeding from the
total price of the order existed in that place in which the requirement
of the consumer
should be satisfied by the executor in day of voluntary satisfaction of
such requirement or
in day of adjudication if the requirement of the consumer has not been
voluntary satisfied.
6. The requirements of the consumer established by item 1 of present clause,
are not
a subject to satisfaction if the executor will prove, that infringement
of terms of performance
of work (rendering of service) has occured owing to force majeure or on
fault of the
consumer.
Clause 29. The rights
of the consumer at detection of lacks of
performed work (rendered service)
1. The consumer at detection of lacks of performed work (rendered service)
has the
right to demand at the choice:
gratuitous elimination of lacks of performed work (rendered service);
corresponding reduction of the price of performed work (rendered service);
gratuitous manufacturing of other thing from a homogeneous material of
the same
quality or repeated performance of work. Thus the consumer is obliged
to return earlier
transferred to it the executor a thing;
compensation of the charges suffered by it on elimination of lacks of
performed work
(rendered service) by own strength or the third parties.
The satisfaction of requirements of the consumer about gratuitous elimination
of lacks,
about manufacturing other thing or about repeated performance of work
(rendering of
service) does not relieve from the executor of the responsibility in the
form of the penalty
for infringement of a termination date of performance of work (rendering
of service).
The consumer has the right to refuse execution of the contract about performance
of
work (rendering of service) and to demand the full indemnification of
losses if in the term
established by the specified contract lacks of performed work (rendered
service) are not
eliminated by the executor. The consumer also has the right to refuse
execution of the
contract about performance of work (rendering of service) if it finds
out essential lacks of
performed work (rendered service) or other essential deviations from treaty
provisions.
The consumer has the right to demand also the full indemnification of
the losses,
caused to it in connection with lacks of performed work (rendered service).
Losses are
compensated in the terms established for satisfaction of corresponding
requirements of the
consumer.
2. The price of performed work (rendered service), returned to the consumer
at refusal
of execution of the contract about performance of work (rendering of service),
and also
considered at reduction of the price of performed work (rendered service),
is defined
according to items 3, 4 and 5 clauses 24 of the present Law.
3. The requirements connected with lacks of performed work (rendered service),
can
be shown at acceptance of performed work (rendered service) or during
performance of
work (rendering of service) or if it is impossible to find out lacks at
acceptance of performed
work (rendered service), during the terms established by the present item.
The consumer has the right to make the demands connected with lacks of
performed
work (rendered service) if they are found out during a warranty period,
and at its absence
in reasonable term, within the limits of two years from the date of acceptance
of performed
work (rendered service) or five years concerning lacks of a structure
and other real estate.
4. The executor is responsible for lacks of work (service) on which the
warranty period
if the consumer will prove is not established, that they have arisen before
its acceptance by
it or for the reasons which have arisen till this moment.
Concerning work (service) on which the warranty period is established,
the executor is
responsible for its lacks if will not prove, that they have arisen after
acceptance of work
(service) by the consumer owing to infringement of rules of use of result
of work (service)
by it, actions of the third parties or force majeure.
5. In cases when the warranty period stipulated by the contract makes
less than two
years (five years on real estate) and lacks of work (service) are found
out by the consumer
after a warranty period, but within the limits of two years (five years
on real estate), the
consumer has the right to make the demands stipulated by item 1 of present
clause if will
prove, that such lacks have arisen before acceptance of result of work
(service) by it or for
the reasons which have arisen till this moment.
6. In case of revealing essential lacks of work (service) the consumer
has the right to
make to the executor the demand about gratuitous elimination of lacks
if will prove, that
lacks have arisen before acceptance of result of work (service) by it
or for the reasons
which have arisen till this moment. This requirement can be shown, if
such lacks are found
out after two years (five years concerning real estate) from the date
of acceptance of result
of work (service), but within the limits of established on result of work
(service) of service
life or within ten years from the date of acceptance of result of work
(service) by the
consumer if service life is not established. If the given requirement
is not satisfied within
twenty days from the date of its presentation by the consumer or the found
out lack is
ineradicable, the consumer at the choice has the right to demand:
corresponding reduction of the price for performed work (rendered service);
compensation of the charges suffered by it on elimination of lacks of
performed work
(rendered service) by own strength or the third parties;
refusal of execution of the contract about performance of work (rendering
of service)
and the indemnification.
Clause 30. Terms of
elimination of lacks of performed work (rendered
service) Lacks of work (service) should be eliminated by the executor
in the reasonable term
appointed by the consumer.
The term of elimination of lacks appointed by the consumer is underlined
in the
contract or in other document signed by the parties.
The executor pays for infringement of the terms of elimination of lacks
of performed
work stipulated by the present clause (rendered service) to the consumer
per every day of
delay the penalty, the size and which order of calculation are defined
according to
item 5 of clause 28 of the present Law.
In case of infringement of the specified terms the consumer has the right
to make to
the executor other demands stipulated by items 1 and 4 clauses 29 of the
present Law.
Clause 31. Terms of
satisfaction of separate requirements of the
consumer
1. Requirements of the consumer about reduction of the price for performed
work
(rendered service), about the reimbursement on elimination of lacks of
performed work
(rendered service) by own strength or the third parties, and also about
return of the sum of
money paid for work (service) and the indemnification, caused in connection
with refusal of
execution the contracts stipulated by item 1 of clause 28 and items 1
and 4 clauses 29 of
the present Law, are a subject to satisfaction in ten-day term from the
date of presentation
of the corresponding requirement.
2. Requirements of the consumer about gratuitous manufacturing other thing
from a
homogeneous material of the same quality or about repeated performance
of work
(rendering of service) are a subject to satisfaction in time, established
for urgent
performance of work (rendering of service), and in case of if this term
is not established - in
time, stipulated by the contract about performance of work (rendering
of service) which
has been executed.
3. The executor pays for infringement of the terms of satisfaction of
separate
requirements of the consumer stipulated by the present clause to the consumer
per every
day of delay the penalty, the size and which order of calculation are
defined
according to item 5 of clause 28 of the present Law.
In case of infringement of the terms specified in items 1 and 2 present
clauses, the
consumer has the right to make to the executor other demands stipulated
by item 1 of
clause 28 and items 1 and 4 clauses 29 of the present Law.
Clause 32. The right
of the consumer to refusal of execution of the
contract about performance of works (rendering of services)
The consumer has the right to refuse execution of the contract about performance
of
works (rendering of services) at any time under condition of payment to
the executor of the
charges actually suffered by it connected with execution of obligations
under the given
contract.
Clause 33. The estimate
on performance of work (rendering of service)
1. On performance of work (rendering of service), stipulated by the contract
about
performance of work (rendering of service), the firm or approximate estimate
can be made.
Drawing up of such estimate at the customer's request or the executor
necessarily.
2. The executor has not the right to demand increase in the firm estimate,
and the
consumer - its reduction, including in case of when during the moment
of the conclusion of
the contract the opportunity to provide full volume of works a subject
performance
(rendering of services) or charges necessary for it was excluded.
The executor has the right to demand increase in the firm estimate at
essential
increase of cost of materials and the equipment, given by the executor,
and also rendered
to it the third parties of services which could not be provided at the
conclusion of the
contract. At refusal of the consumer to execute this requirement the executor
has the right
to terminate the contract in the judicial order.
3. If there was a necessity of performance of additional works (rendering
of additional
services) and for this reason of essential excess of the approximate estimate,
the executor
is obliged to warn in due time about it the consumer. If the consumer
has not agreeed to
excess of the approximate estimate, it has the right to refuse execution
of the contract. In
this case the executor can demand from the consumer of payment of the
price for
performed work (rendered service).
The executor who in due time has not warned the consumer about necessity
of excess
of the approximate estimate, is obliged to execute the contract, keeping
the right to
payment of work (service) within the limits of the approximate estimate.
Clause 34. Performance
of work from a material of the executor
1. The executor is obliged to perform the work certain by the contract
about
performance of work, from the material and the means if other is not stipulated
by the
contract.
The executor who has given a material for performance of work, is responsible
for its
inadequate quality by rules about the responsibility of the seller for
the goods of inadequate
quality.
2. The material of the executor is paid by the consumer at the conclusion
of the
specified contract completely or at a rate of, specified in the contract
about performance of
work, with a condition of final settlement at reception by the consumer
of work performed
by the executor if other procedure of payments for a material of the executor
is not
stipulated by the agreement of the parties.
3. In the cases stipulated by the contract about performance of work,
the material can
be given by the executor to the consumer on credit. The subsequent change
of the price of
the material of the executor given on credit does not entail recalculation.
4. The material of the executor and works necessary for performance means,
tools
and other are delivered to a place of performance of works by the executor.
Clause 35. Performance of work from a material (with a thing) the
consumer
1. If work is carried out in full or in part from a material (with a thing)
the consumer, the
executor is responsible for safety of this material (thing) and its correct
use.
The executor is obliged:
to warn the consumer about unfitness or poor qualities of the material
(thing)
transferred by the consumer;
to present the report and to return its rest.
In case of full or partial loss (damage) of the material (thing) accepted
from the
consumer, the executor is obliged to replace in three-day term with its
homogeneous
material (thing) of similar quality and at will of the consumer to make
a product of a
homogeneous material (thing) in reasonable term, and at absence of a homogeneous
material (thing) of similar quality - to compensate to the consumer the
double price of the
lost (damaged) material (thing), and also the charges suffered by the
consumer.
2. The price of the lost (damaged) material (thing) is defined, proceeding
from the
price of a material (thing) existed in that place in which the requirement
of the consumer
should be satisfied by the executor in day of voluntary satisfaction of
such requirement or
in day of adjudication if the requirement of the consumer has not been
voluntary satisfied.
The price of the material (thing), transferred to the executor, is defined
in the contract
about performance of work or in other document (the receipt, the order),
confirming its
conclusion.
3. The executor is relieved from the responsibility for full or partial
loss (damage) of the
material (thing) accepted by it from the consumer, if the consumer the
executor about special properties of a material (thing) which can cause
its full or partial loss
(damage) or if the specified properties of a material (thing) could not
be found out at
appropriate acceptance by the executor of this material (thing).
Clause 36. A duty
of the executor to inform the consumer on
circumstances which can affect quality of performed work (rendered
service) or to cause impossibility of its end in time
The executor is obliged to inform in due time the consumer that observance
of
instructions of the consumer and other circumstances depending on the
consumer, can
lower quality of performed work (rendered service) or to cause impossibility
of its end in
time.
If the consumer, despite of the duly and proved informing by the executor,
in
reasonable term will not replace a unsuitable or substandard material,
will not change
instructions on a way of performance of work (rendering of service) or
will not eliminate
other circumstances which can lower quality of performed work (rendered
service), the
executor has the right to refuse execution of the contract about performance
of work
(rendering of service) and to demand the full indemnification of losses.
Clause 37. The order
of payment of performed work (rendered service)
The consumer is obliged to pay services rendered to it by way of and in
terms which
are established by the contract with the executor.
The consumer is obliged to pay performed by the executor in full work
after its
acceptance by the consumer. With the consent of the consumer work can
be paid by it at
the conclusion of the contract in the full size or by delivery of advance
payment.
Clause 38. Rules household
and other kinds of service of consumers
Rules household and other kinds of service of consumers (a rule of performance
of
separate kinds of works and a rule of rendering of separate kinds of services)
affirm the
Government of the Russian Federation.
Clause 39. Regulation
of rendering of separate kinds of services
Consequences of infringement of conditions of contracts about rendering
separate
kinds of services if such on the character do not fall under action of
the present
chapter, are defined by the law.
Chapter IV. The state and public protection of the rights of consumers
Clause 40. The state control and supervision of observance of laws
and other normative legal certificates of the Russian Federation adjusting
the attitudes in the field of protection of the rights of consumers
1. The state control and supervision of observance of laws and other normative
legal
certificates of the Russian Federation adjusting the attitudes in the
field of protection of the
rights of consumers (further - the state control and supervision over
protection of the rights
of consumers), are carried out by the authorized federal enforcement authority
under the
control (supervision) over protection of the rights of consumers (its
territorial bodies), and
also other federal enforcement authorities (their territorial bodies),
carrying out functions
under the control and supervision over protection of the rights of consumers
and safety of
the goods (works, services), by way of, defined by the Government of the
Russian
Federation.
2. The state control and supervision over protection of the rights of
consumers
provide:
carrying out of the actions connected with the control, - check of observance
by
manufacturers (executors, the sellers authorized by the organizations
or authorized by
individual businessmen, importers) obligatory requirements of laws and
other normative
legal certificates of the Russian Federation adjusting the attitudes in
the field of protection
of the rights of consumers, and also obligatory requirements to the goods
(to works,
services);
delivery within the limits of the powers stipulated by the legislation
of the Russian
Federation, instructions to manufacturers (to executors, the sellers,
the authorized
organizations or the authorized individual businessmen, importers) about
the termination of
infringements of the rights of consumers, about necessity of observance
of obligatory
requirements to the goods (to works, services);
in established by the legislation of the Russian Federation the order
acceptance of
measures on stay of manufacture and realization of the goods (performance
of works,
rendering of services) which mismatch obligatory requirements (including
with the expired
working life), and the goods on which should be established, but not a
target date of the
validity, on a response from a home market and (or) from the consumer
or consumers of
the goods (works, services) which mismatch obligatory requirements, and
to informing on it
of consumers;
direction in the body which is carrying out licensing of the corresponding
kind of
activity (licensing body), materials about infringement of the rights
of consumers for
consideration of questions on stay of action or about cancellation of
the corresponding
license in established by the legislation of the Russian Federation the
order;
direction in bodies of Office of Public Prosecutor, other law enforcement
bodies on
jurisdiction of materials for the decision of questions on excitation
of criminal cases to
attributes of the crimes connected with infringement established laws
and other normative
legal certificates of the Russian Federation of the rights of consumers;
the reference in court with applications in protection of the rights of
consumers,
legitimate interests of a uncertain circle of consumers, and also with
applications for
liquidation of the manufacturer (the executor, the seller, the authorized
organization, the
importer) or about the termination of activity of the individual businessman
(the authorized
individual businessman) for numerous or rough infringement established
by laws and other
normative legal certificates of the Russian Federation of the rights of
consumers.
3. The authorized federal enforcement authority under the control (supervision)
over
protection of the rights of consumers (its territorial bodies), and also
other federal
enforcement authorities (their territorial bodies), carrying out functions
under the control
and supervision over protection of the rights of consumers and safety
of the goods (works,
services), can be got court to take part in business or enter business
under the initiative or
under the initiative of the persons participating in business, for a summer
residence of the
conclusion on business with a view of protection of the rights of consumers.
4. The federal enforcement authority which is carrying out functions on
development of
a state policy in the field of protection of the rights of consumers,
explains concerning
application of laws and other normative legal certificates of the Russian
Federation
adjusting the attitudes in the field of protection of the rights of consumers,
and also
approves regulations about the order of consideration by the authorized
federal
enforcement authority under the control (supervision) over protection
of the rights of
consumers (its territorial bodies) affairs about infringement of laws
and other normative
legal certificates of the Russian Federation adjusting the attitudes in
the field of protection
of the rights of consumers.
Clause 41. A duty
of the manufacturer (the executor, the seller, the
authorized organization or the authorized individual businessman, the
importer) on granting the information to the federal enforcement authorities
authorized on carrying out of the state control and supervision in the
field of
protection of the rights of consumers (their territorial bodies)
The manufacturer (the executor, the seller, the authorized organization
or the
authorized individual businessman, the importer) on demand of the authorized
federal
enforcement authority under the control (supervision) over protection
of the rights of
consumers (its territorial bodies), and also other federal enforcement
authorities (their
territorial bodies), carrying out functions under the state control and
supervision over
protection of the rights of consumers and safety of the goods (works,
services), their
officials is obliged to give in the term established by them authentic
data, the
documentation, explanations in written and (or) the oral form and other
information
necessary for realization by specified federal enforcement authorities
and their officials of
powers, established by the present Law.
Clause 42. Has become
invalid.
Clause 42.1. Powers
of the maximum agencies of the government of
subjects of the Russian Federation in the field of protection of the rights
of
consumers
The maximum agency of the government of the corresponding subject of the
Russian
Federation carries out actions on realization, maintenance and protection
of the rights of
consumers and within the limits of the powers takes the certain measures.
Clause 43. The responsibility
for infringement of the rights of the
consumers established by laws and other normative legal certificates of
the
Russian Federation
For infringement of the rights of the consumers established by laws and
other
normative legal certificates of the Russian Federation, the seller (the
executor, the
manufacturer, the authorized organization or the authorized individual
businessman, the
importer) bears administrative, criminal or the-legal responsibility
according to the legislation of the Russian Federation.
Clause 44. Realization
of protection of the rights of consumers by
institutions of local government
With a view of protection of the rights of consumers in territory of municipal
formation
institutions of local government have the right:
to consider complaints of consumers, to advise them concerning protection
of the
rights of consumers;
to address in courts in protection of the rights of consumers (a uncertain
circle of
consumers).
At revealing under the complaint of the consumer of the goods (works,
services)
inadequate quality, and also dangerous to a life, health, property of
consumers and
environments immediately to inform on it the federal enforcement authorities
which are
carrying out the control over quality and safety of the goods (works,
services).
Clause 45. The rights
of public associations of consumers (their
associations, the unions)
1. Citizens have the right to be united on a voluntary basis in public
associations of
consumers (their associations, the unions), which carry out the activity
according to
charters of the specified associations (their associations, the unions)
and the legislation of
the Russian Federation.
2. Public associations of consumers (their associations, the unions) for
realization of
the authorized purposes have the right:
to participate in development of obligatory requirements to the goods
(to works,
services), and also projects of laws and other normative legal certificates
of the Russian
Federation adjusting the attitudes in the field of protection of the rights
of consumers;
to spend an independent expert appraisal of quality, safety of the goods
(works,
services), and also conformity of consumer properties of the goods (works,
services)
declared by sellers (manufacturers, executors) information on them;
to check observance of the rights of consumers and rules trading, household
and
other kinds of service of consumers to make certificates about the revealed
infringements
of the rights of consumers and to direct the specified certificates for
consideration to the
authorized bodies of the government, and also to inform institutions of
local government on
the revealed infringements, to participate under the request of consumers
in carrying out of
examinations on the facts of infringement of the rights of consumers;
to distribute the information on the rights of consumers and on necessary
actions on
protection of these rights, about results of comparative researches of
quality of the goods
(works, services), and also other information which will promote realization
of the rights and
legitimate interests of consumers. Consumers published by public associations
(their
associations, the unions) results of comparative researches of quality
of the goods (works,
services) are not advertising;
to bring in federal enforcement authorities, the organizations of the
offer on
acceptance of measures on improvement of quality of the goods (works,
services), on stay
of manufacture and realization of the goods (performance of works, rendering
of services),
on a response from a home market of the goods (works, services), mismatching
shown to
them and the established legislation of the Russian Federation on technical
regulation to
obligatory requirements;
to bring in bodies of Office of Public Prosecutor and federal enforcement
authorities
materials about attraction to the responsibility of the persons who are
carrying out
manufacture and realization of the goods (performance of works, rendering
of services),
mismatching obligatory requirements shown to them, and also the consumers
breaking the
right, established by laws and other normative legal certificates of the
Russian Federation;
to address in bodies of Office of Public Prosecutor with requests to bring
protests
about a recognition void certificates of federal enforcement authorities,
certificates of
enforcement authorities of subjects of the Russian Federation and certificates
of the
institutions of local government contradicting laws and other adjusting
attitude in the field of
protection of the rights of consumers to normative legal certificates
of the Russian
Federation;
to address in courts with applications in protection of the rights of
consumers and
legitimate interests of separate consumers (group of consumers, a uncertain
circle of
consumers).
Clause 46. Protection
of the rights and legitimate interests of a
uncertain circle of consumers
The authorized federal enforcement authority under the control (supervision)
over
protection of the rights of consumers (its territorial bodies), other
federal enforcement
authorities (their territorial bodies), carrying out functions under the
control and supervision
over protection of the rights of consumers and safety of the goods (works,
services),
institutions of local government, public associations of consumers (their
associations, the
unions) has the right to show claims in courts about a recognition of
actions of the
manufacturer (the executor, the seller, the authorized organization or
the authorized
individual businessman, the importer) illegal concerning a uncertain circle
of consumers
and about the termination of these actions.
At satisfaction of such claim court the offender to finish in the term
established by court through mass media or a different way to data of
consumers the
decision of court.
The decision which has entered validity of court on a recognition of actions
of the
manufacturer (the executor, the seller, the authorized organization or
the authorized
individual businessman, the importer) illegal concerning a uncertain circle
of consumers
necessarily for the court considering the claim of the consumer about
protection of its
rights, arisen owing to approach legal consequences of actions of the
manufacturer (the executor, the seller, the authorized organization or
the authorized individual businessman, the importer), regarding questions,
whether took a place such actions and whether are accomplished they by
the manufacturer (the executor, the seller,
the authorized organization or the authorized individual businessman,
the importer).
Simultaneously with satisfaction the claim shown by public association
of consumers
(their association, the union), institutions of local government in interests
of a uncertain
circle of consumers, the court makes a decision on compensation to public
association of
consumers (to their association, the union), to institutions of local
government of all legal
cost suffered on business, and also others arisen up to the reference
in court and
connected with consideration of business of necessary charges, including
charges on
carrying out of an independent expert appraisal in case of revealing as
a result of carrying
out of such examination of infringement of obligatory requirements to
the goods (to works,
services).
Moscow, House of
Councils
On February, 7th, 1992 N 2300-I
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