Lawyers spoke about the rights of Ukrainians in the store and answered the most popular questions associated with the controversial situations in the market.
“Vesti” continues the special project in which every week along with the lawyers will talk about what each of us has the right in a given situation, and also to clarify specific cases and give advice. Today we are talking about rights in the store and on the market.
How to return the product back
The goods in question on the return must be divided into two categories — the goods of proper quality and the goods of inadequate quality.
Goods of proper quality can be returned or exchanged within 14 days, excluding the day of purchase if the product was not used and its trade dress. You just need to take the goods, receipt and passport to come to pass. This applies not only to shops but also the market, but provided that you have a receipt.
This is a List of goods of proper quality that are not subject to exchange (return). Included food products, medicines and remedies, toiletries, perfumes, soft toys, toothbrushes, bedding and underwear and some other products.
With regard to the goods of inadequate quality, then there is all the more complicated. By law, those products that do not meet the requirements of normative-legal acts, conditions of contracts, as well as the information about the product provided by the manufacturer (the executor, the seller).
There is such a thing as a significant drawback. This is the one that makes it impossible for the intended use of the goods, which arose through the fault of the manufacturer and can not be eliminated or to eliminate need for 14 days. In case of detection during the warranty period of such defect or tampering of the goods, confirmed if necessary by the conclusion of the examination, the buyer shall be entitled at its choice to demand from the seller the refund for the product amount or replacement of the goods with the same or similar.
Therefore, make it a habit to keep the documents certifying the purchase: a receipt, commodity or cash check box of the product and the warranty is your insurance.
If the price tag on the goods one price, but on the other hand punch the other
According to part 8 of article 18 of the Law “On protection of consumer rights” is unclear or ambiguous provisions of contracts with consumers shall be construed in favor of the consumer. Therefore, when this situation occurs, it may be advisable to contact the representative of the administration of the store, point out the situation and claim back the difference between the price on the price tag and receipt.
In case of failure in the first place, you should leave a note in the book reviews and suggestions (which must be in store!). Then you should gather as much evidence of a violation of your rights (photography the price tag, the receipt). Take phone numbers of witnesses to the situation. Also can be written to describe the situation and to assure her the signatures of the witnesses. Further contact with a written application addressed to the Director of the store demanding the return of money. To the administration of the store controlled, you should write a letter to the State Inspectorate for protection of consumer rights, where to describe the situation and attach copies of all evidence.
The right to try and weigh products in supermarkets
Ukrainian legislation does not expressly provide for the right of the buyer to try products before they buy, however, in article 6 of the law of Ukraine “On protection of consumers ‘rights” States that the seller must provide the consumer with products of good quality and comprehensive information about it. It is theoretically possible to interpret that comprehensive information about the product may include and taste of the product. But the rate given for the tasting, no regulations is not defined.
What to do if the purchased product.
In the case of acquisition by the buyer of a food product, the seller is obliged to replace it with a product that is usable, or return to the buyer paid the money in full. Undoubtedly, the buyer returns the goods to the seller must be commodity or cashier’s check, because this check is evidence of the contract of sale between you and the store or seller in the market.
On the market the seller, according to current legislation, at the request of the buyer shall issue a receipt which confirms the purchase and listing the entity on the market, the range and number of retail locations, product name, product price, date of sale, name and signature of the seller. Without a receipt to return the product will not work.
Is it possible to enter the market with other purchases and packages
The answer to this question depends on what store you are going to go and what is in your packages. Cabinet decree №833 of 15 June 2006 established that a shop must provide access to consumers to the shopping facilities without taking on the preservation of personal items, except for goods, the implementation of which is carried out in such outlets. The shop is obliged to create conditions for preserving the belongings of the consumer.
So, if you are going to go to the store with the goods that are sold in the store, you need to know where you can leave a previously purchased product, and to clarify the responsibility of the store for his safety.
In other cases, whether to leave things in storage or to go with them to the store — the decision is voluntary. If the property market clearly indicates that it is not responsible for items left in the Luggage goods, you can safely go with them to the gym.
To pay for accidentally broken product
On the one hand, according to article 323 of the Civil code, the risk of accidental destruction or damage to property lies with the owner. In this case, until you have paid for the goods, liability for the goods shall be a shop/supermarket, ownership of the goods passes to you at the time of payment. On the other hand, the Civil code provided that damage caused to another person, should be compensated. But at the same time, the degree of fault of the buyer, and the amount of damages should only be assessed by the court. The store cannot force you force to pay for broken goods if you do not agree and/or cannot come to an agreement.
You must prove that the damage to the goods occurred through the fault of the buyer, and not due to the fact that the supermarket didn’t take care of its safe storage. For example, if you slipped on a wet floor, snagged a basket, a rack, or touched with a trolley standing in the aisle of the carton with a product — in this case, the responsibility lies with the store. There are certain norms related to distances between the shelves in the shops — it must be at least 1.4 metres. If it is less than or aisle cluttered with boxes is a violation, and you need to complain to Gospodarnyk supervision.
The store can be fined if violations are revealed. If this happens, just explain to the store that you agree to pay damages if your fault damage is proven in court.
But if the seller or the security still you do not produce, act rude or threatening — they exceed their authority. In this case, the guard may face administrative or criminal responsibility. The actions of a security guard you can complain to law enforcement agencies, because they are engaged in licensing of security activities. Even in this situation demand that shop amounted to an act of damage of the goods, which be sure to write your insights in this regard: for example, that was a wet floor or aisle width does not meet the standards. You must also find at least two witnesses to the incident (this can be your followers or other buyers). 99% probability that the store will not sue, because it means additional checks, which will reveal that the distance between the rows is indeed smaller than established by law. The penalty in this case is much more than the cost of spoiled goods.
Inspection of pockets and bags, if sensor tripped at the exit
To carry out personal inspection of citizens, examination of things, are only entitled employees of the national police — if there is a suspicion that the person has committed an administrative offence or a crime. It is regulated by the article 264 of the code of Ukraine on administrative offences. The inspection includes checks on the exit of the supermarket may ask you to check the guard.
A check is a private property, and the purchased goods. If the guards have any doubts or suspicions about the buyer, they have the opportunity to monitor you with surveillance cameras. Even if in the video the guards saw anything suspicious, to explore your things, they are not eligible. You need to call the police.
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