Commercial law. Consumer rights when purchasing goods (lecture notes)

Free technical library

Lecture notes, cheat sheets
Free library / Directory / Lecture notes, cheat sheets

Commercial law. Consumer rights when purchasing goods (lecture notes)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

Comments on the article

Table of contents (expand)

LECTURE No. 33. Consumer rights when purchasing goods

When buying goods of inadequate quality, the consumer, at his choice, has the right to:

1) gratuitous elimination of defects in the goods or reimbursement of expenses for their correction by the consumer or a third party;

2) a proportional reduction in the purchase price;

3) replacement for a product of a similar brand (model, article);

4) replacement for the same product of another brand (model, article) with a corresponding recalculation of the purchase price;

5) termination of the contract of sale. At the request of the seller and at his expense, the consumer must return the goods with defects.

The consumer has the right to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality. The absence of a cash or sales receipt or other document certifying the fact and conditions of the purchase of goods by the consumer is not a basis for refusing to satisfy his requirements. The seller (manufacturer) or the organization performing the functions of the seller (manufacturer) on the basis of an agreement with him is obliged to accept the goods of inadequate quality from the consumer and, if necessary, to check the quality of the goods. The consumer has the right to participate in the quality control of the goods. The seller (manufacturer) or the organization performing the functions of the seller (manufacturer) on the basis of an agreement with him is liable for the defects of the goods for which the warranty period is not established, if the consumer proves that they arose before the transfer of the goods to the consumer or for reasons that arose before that moment. In relation to the goods for which the warranty period is established, the seller (manufacturer) or the organization performing the functions of the seller (manufacturer) on the basis of an agreement with him is liable for the defects of the goods, unless he proves that they arose after the transfer of the goods to the consumer as a result of the consumer's violation of the rules for use, storage and transportation of goods, actions of third parties or force majeure.

The consumer has the right to present the specified requirements to the seller or the manufacturer in relation to the defects of the goods, if they are discovered during the warranty period or the expiration date established by the manufacturer. The warranty period of the goods, as well as its service life, are calculated from the day the goods are transferred to the consumer, unless otherwise provided by the contract. If it is impossible to determine the day of transfer, these terms are calculated from the date of manufacture of the goods. With regard to goods for which no warranty or expiration dates have been established, the consumer has the right to make these claims if the defects of the goods are discovered within a reasonable time, but within 2 years from the date of their transfer to the consumer, unless longer periods are established by law or contract. For seasonal goods (shoes, clothes, etc.), these terms are calculated from the moment of the onset of the corresponding season, the onset of which is determined by the constituent entities of the Russian Federation, based on the climatic conditions of the location of consumers. When selling goods by samples, by mail, as well as in cases where the moment of conclusion of the contract of sale and the moment of transfer of the goods to the consumer do not coincide, these periods are calculated from the day the goods are delivered to the consumer. If the consumer is deprived of the opportunity to use the goods due to circumstances dependent on the seller, the warranty period shall not be calculated until the seller eliminates such circumstances.

The expiration date of the goods is determined by the period calculated from the date of manufacture of the goods, during which it is suitable for use, or the date before which the goods are suitable for use. The duration of the shelf life of the goods must comply with the mandatory requirements for the safety of the goods established by the standards.

The warranty periods for components and components of the goods are considered equal to the warranty period for the main product, unless otherwise provided by the contract. In the event that a warranty period of a shorter duration is established for component parts and an integral part of the goods in the contract than the warranty period for the main product, the consumer has the right to make claims related to the shortcomings of the component parts and the component part of the goods, if they are discovered during the warranty period for the main product, unless otherwise provided by the contract. If the warranty period for component parts is longer than the warranty period for the main product, the consumer has the right to make claims regarding defects in the product, provided that the defects in the components of the product are discovered during the warranty period for this product, regardless of the expiration of the warranty period for the main product.

If the consumer is deprived of the opportunity to use the product due to circumstances that depend on the seller (in particular, the product needs a special installation, connection or assembly; it has defects), the warranty period is not calculated until the seller eliminates such circumstances. If the day of delivery, installation, connection, assembly of the goods, elimination of circumstances dependent on the seller, due to which the consumer cannot use the goods for their intended purpose, cannot be determined, these terms are calculated from the date of conclusion of the contract of sale.

The duration of the shelf life of the goods must comply with the mandatory requirements for the safety of the goods established by the standards. In cases where the warranty period provided for by the contract is less than 2 years and the defects of the goods are discovered by the consumer after the expiration of the warranty period, but within 2 years, the consumer has the right to present his legal claims to the seller (manufacturer) if he proves that the defects of the goods arose before its transfer to the consumer or for other reasons that have arisen up to this point.

Defects found in the goods must be eliminated by the manufacturer (seller) or the organization performing the functions of the manufacturer (seller) on the basis of an agreement with him, immediately, unless another term for eliminating the defects in the goods is determined by agreement of the parties in writing.

In the event that the consumer discovers defects in the goods and submits a demand for the replacement of such goods, the seller (manufacturer) or an organization performing the functions of the seller (manufacturer) on the basis of an agreement with him, are obliged to replace such goods within seven days from the date of presentation of the specified requirement by the consumer, and, if necessary, additional checking the quality of such goods by the seller (manufacturer) or an organization performing the functions of the seller (manufacturer) on the basis of an agreement with him, within 20 days from the date of presentation of the specified requirement.

The consumer's claims for a commensurate reduction in the purchase price of the goods, reimbursement of expenses for the correction of defects in the goods by the consumer or a third party, as well as compensation for losses caused to the consumer by the termination of the contract of sale, are subject to satisfaction by the seller (manufacturer) or an organization performing the functions of the seller (manufacturer) on on the basis of an agreement with him, within 10 days from the date of presentation of the relevant request.

<< Back: Characteristics and content of consumer rights

>> Forward: Responsibility of the manufacturer, seller for damage caused due to defects in goods (works, services)

We recommend interesting articles Section Lecture notes, cheat sheets:

▪ Russian history. Crib

▪ Strategic management. Lecture notes

▪ Personnel Management. Crib

See other articles Section Lecture notes, cheat sheets.

Read and write useful comments on this article.

<< Back

Latest news of science and technology, new electronics:

The existence of an entropy rule for quantum entanglement has been proven 09.05.2024

Quantum mechanics continues to amaze us with its mysterious phenomena and unexpected discoveries. Recently, Bartosz Regula from the RIKEN Center for Quantum Computing and Ludovico Lamy from the University of Amsterdam presented a new discovery that concerns quantum entanglement and its relation to entropy. Quantum entanglement plays an important role in modern quantum information science and technology. However, the complexity of its structure makes understanding and managing it challenging. Regulus and Lamy's discovery shows that quantum entanglement follows an entropy rule similar to that for classical systems. This discovery opens new perspectives in the field of quantum information science and technology, deepening our understanding of quantum entanglement and its connection to thermodynamics. The results of the study indicate the possibility of reversibility of entanglement transformations, which could greatly simplify their use in various quantum technologies. Opening a new rule ... >>

Mini air conditioner Sony Reon Pocket 5 09.05.2024

Summer is a time for relaxation and travel, but often the heat can turn this time into an unbearable torment. Meet a new product from Sony - the Reon Pocket 5 mini-air conditioner, which promises to make summer more comfortable for its users. Sony has introduced a unique device - the Reon Pocket 5 mini-conditioner, which provides body cooling on hot days. With it, users can enjoy coolness anytime, anywhere by simply wearing it around their neck. This mini air conditioner is equipped with automatic adjustment of operating modes, as well as temperature and humidity sensors. Thanks to innovative technologies, Reon Pocket 5 adjusts its operation depending on the user's activity and environmental conditions. Users can easily adjust the temperature using a dedicated mobile app connected via Bluetooth. Additionally, specially designed T-shirts and shorts are available for convenience, to which a mini air conditioner can be attached. The device can oh ... >>

Energy from space for Starship 08.05.2024

Producing solar energy in space is becoming more feasible with the advent of new technologies and the development of space programs. The head of the startup Virtus Solis shared his vision of using SpaceX's Starship to create orbital power plants capable of powering the Earth. Startup Virtus Solis has unveiled an ambitious project to create orbital power plants using SpaceX's Starship. This idea could significantly change the field of solar energy production, making it more accessible and cheaper. The core of the startup's plan is to reduce the cost of launching satellites into space using Starship. This technological breakthrough is expected to make solar energy production in space more competitive with traditional energy sources. Virtual Solis plans to build large photovoltaic panels in orbit, using Starship to deliver the necessary equipment. However, one of the key challenges ... >>

Random news from the Archive

Apple TV 25.12.2012

Apple TV is a small box that allows you to watch movies and series in HD quality on your TV screen. It supports playback of content from the iTunes Store, as well as playback of personal videos, music and photos from Mac, iPad, iPhone and iCloud cloud service.

The cost of Apple TV in Russia is 5290 rubles. Earlier it was reported that the device will officially appear on the Russian retail market before the end of 2012. Before that, it was sold by online stores that received devices through unofficial supply channels. The price of Apple TV in them is on average kept at the level of 4990 rubles.

Earlier in December, Apple launched the sale of films and music in Russia, as well as the rental of films via the Internet (the user is given 30 days to start watching a movie and 48 hours to finish watching). Apple TV makes it all possible.

The Apple TV was last updated in March 2012. The new model received Full HD support (previously limited to 720p resolution), received an updated interface and connection to the iCloud cloud service.

Other interesting news:

▪ Echo sounder for drone

▪ pineapple leaf paper

▪ Healing session of an earthquake

▪ Crater in the desert

▪ Siberian fires warm up the Arctic

News feed of science and technology, new electronics

Interesting materials of the Free Technical Library:

▪ section of the site Radioelectronics and electrical engineering. Article selection

▪ Article by Sextus Propertius. Famous aphorisms

▪ article Why are Americans called Pindos? Detailed answer

▪ Shenandoah article. Nature miracle

▪ article Amplifier on a TDA2030 chip, 14 watts. Encyclopedia of radio electronics and electrical engineering

▪ article Appearing flower in the buttonhole. Focus secret

Leave your comment on this article:

All languages of this page

Home page | Library | Articles | Website map | Site Reviews