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Lecture notes, cheat sheets
Commercial law. Characteristics and content of consumer rights (lecture notes)
Directory / Lecture notes, cheat sheets Table of contents (expand) LECTURE No. 32. Characteristics and content of consumer rights 1. Characteristics of consumer rights The most important condition for the effective functioning of the trade market is to guarantee the rights of the least protected subject - the consumer. Consumer - a citizen who intends to order or purchase or ordering, acquiring or using goods (works, services) solely for personal, family, household and other needs not related to entrepreneurial activities (preamble to the Law of the Russian Federation "On Protection of Consumer Rights") . The result of the trade revolution of the 60s. XNUMXth century was the strengthening of consumer protection, including legislative and judicial protection. Strengthening consumer protection has led to: 1) to break the dictates of manufacturers; 2) to the weakening of monopoly and the development of competition; 3) to the development of production; 4) to improve the quality of goods; 5) to increase sales. The main consumer rights in the Russian Federation are: 1) the right of consumers to education in the field of consumer protection; 2) the right of the consumer to the safety of goods (work, services); 3) the consumer's right to information about the manufacturer and about the goods; 4) the right to the quality of goods (work, services); 5) the right to judicial protection; 6) the right to compensation for moral damage; 7) the right to free elimination of defects in the goods or reimbursement of expenses for their correction by the consumer or a third party; 8) the right to a commensurate reduction in the purchase price when goods of inadequate quality are sold to him; 9) the right to replacements for goods of a similar brand (model, article); 10) the right to replace another brand (model, article) with the same product with a corresponding recalculation of the purchase price; 11) the right to terminate the contract of sale and other rights. The terms of the contract that infringe the rights of the consumer in comparison with the rules established by laws or other legal acts in the field of consumer protection are recognized as invalid. The terms of the contract that infringe on the rights of consumers are: 1) establishment of a norm restricting the rights of the consumer; 2) making the purchase of certain goods conditional on the obligatory purchase of other goods. In this case, the losses caused to the consumer as a result of violation of his right to free choice of goods are reimbursed by the seller in full; 3) performance by the seller without the consent of the consumer of additional works, services for a fee. The consumer has the right to refuse to pay for such work, and if they are paid, the consumer has the right to demand that the seller (executor) return the amount paid. If, as a result of the execution of a contract that infringes on the rights of the consumer, he has incurred losses, they are subject to compensation by the manufacturer (seller) in full. The main regulatory document regulating relations in the field of consumer protection is the Law of the Russian Federation "On the Protection of Consumer Rights". 2. Content of consumer rights The right of consumers to education in the field of consumer protection is ensured by including relevant requirements in state educational standards and general educational and professional programs, as well as by organizing a system for informing consumers about their rights and about the necessary actions to protect these rights. The right to safety of goods (works, services) is that the goods (works, services) under normal conditions of their use, storage, transportation and disposal were safe for the life, health of the consumer, the environment, and also did not harm the consumer's property. The manufacturer (executor) is obliged to ensure the safety of the goods (work) within 10 years from the date of transfer of the goods (work) to the consumer, if the manufacturer has not established a service life for the goods, or during the established service life or shelf life of the goods. If for the safety of using a product (work, service), its storage, transportation and disposal, it is necessary to follow special rules, the manufacturer is obliged to indicate these rules in the accompanying documentation for the product (work, service), on a label, labeling or otherwise, and the seller (executor ) is obliged to bring these rules to the attention of consumers. The consumer has the right to demand the provision of the necessary and reliable information about the manufacturer (executor, seller), the mode of his work and the goods (works, services) he sells. The manufacturer (executor, seller) is obliged to inform the consumer of the trade name (name) of his organization, its location (legal address) and its mode of operation. The seller (executor) places the specified information on the sign. The manufacturer (executor, seller) - an individual entrepreneur - must provide the consumer with information on state registration and the name of the body that registered it. The manufacturer (executor, seller) is obliged to provide the consumer with the necessary and reliable information about the goods (works, services) in a timely manner, ensuring the possibility of their correct choice. Information about goods (works, services) must contain: 1) designations of standards, the mandatory requirements of which must comply with goods (works, services); 2) information on the main consumer properties of goods (works, services), and in relation to food products - information on the composition, weight and volume, calorie content of food products, on the content of substances harmful to health in comparison with the mandatory requirements of the standards, and also contraindications for use in certain types of diseases; 3) the price and conditions for the acquisition of goods (works, services); 4) warranty period, if any; 5) rules and conditions for the efficient and safe use of goods; 6) service life or shelf life of goods (works); 7) location, company name of the manufacturer and location of the organization authorized by the manufacturer (seller) to accept claims from consumers and carry out repairs and maintenance of goods (work); 8) information on mandatory confirmation of conformity of goods; 9) information on the rules for the sale of goods; 10) an indication of a specific person who will perform the work (provide a service), and information about him, if it matters, based on the nature of the work (service). The right of the consumer to the quality of the purchased goods is as follows: 1) the seller (executor) is obliged to transfer to the consumer the goods that meet the mandatory requirements, if the laws provide for such requirements for the quality of goods; 2) the seller is obliged to transfer to the consumer the goods, the quality of which corresponds to the contract. Protection of consumer rights is carried out by the court. Claims are filed in court at the place of residence of the plaintiff or at the place of infliction of harm. The following persons are exempted from payment of the state duty on claims related to the violation of their rights: 1) consumers; 2) consumer groups; 3) an indefinite circle of consumers. The following are exempted from payment of state duty on claims brought in the interests of the consumer: 1) the federal antimonopoly body; 2) federal executive authorities (their territorial bodies) exercising control over the quality and safety of goods (works, services); 3) local governments; 4) public associations of consumers. Moral damage caused to the consumer as a result of a violation by the manufacturer (seller) or an organization performing the functions of the manufacturer (seller) on the basis of an agreement with him, the rights of the consumer, is subject to compensation by the tortfeasor in the presence of his fault. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage. Compensation for moral damage is carried out regardless of compensation for property damage and losses incurred by the consumer. << Back: The concept and forms of exchange intermediaries >> Forward: Consumer rights when purchasing goods
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