Wednesday, October 20, 2010

What are the basic rights of consumers?

In 1985, a resolution was adopted by the General Assembly of the UN Guidelines for Consumer Protection ", which defined the basic rights of consumers. Virtually all of these rights are reflected in Russian legislation on consumer protection. Consider some of them in more detail.
Civil Code establishes the principle of freedom of contract. This means that the parties are free to determine the conditions of the concluded agreements, which are stated at their discretion, and may contain derogations from the rules established by the legislation.This principle is realized in the RF Law "On Protection of Consumer Rights, which states that the seller (performer) must deliver to the consumer goods (works, services), quality of which corresponds to the contract. Thus, if the parties agreed on as a commodity, the violation of these agreements will be treated as breach of contract.

If the parties have not specified the quality requirements, the consumer must be handed over the goods (work, service), quality of which corresponds to the usual requirements for such goods. In this case transferred the goods must be fit for its intended use. If the consumer is in the contract put seller (performer) aware of the specific purpose of purchasing goods (services), the inability to use the product (service, work) required for consumer purposes will be considered product defects.
However, freedom of contract does not mean that quality will depend on the willingness of the parties. Mandatory requirements for the quality of some products can be installed in a standard. Therefore, the law specifically provides for a rule, whereby if the contract is subject to the goods (work, service), quality of which must comply with the mandatory requirements of standards, then passed to the consumer goods (works, services) must meet these requirements.
Application in daily life of the various mechanisms that could spin out of human control, can not completely eliminate the harm. To minimize the possibility of harm to the sale of goods (works, services), the Law on Consumer Protection and paid so much attention to the implementation of consumer rights to safety.
Consumers' right to safety means that the goods (work, service) under normal conditions of use, storage, transportation and disposal must be safe for life, health, consumer, environmental, and not to harm the consumer's property.
The state establishes mandatory requirements to be met by the goods (works, services) sold to consumers. These requirements are contained in the standards and are subject to mandatory compliance.
Additional obstacle of the sale of unsafe goods is the state certification system. Certification - a process of confirmation by the state agency compliance with mandatory requirements of product quality standards. Products to be certified, can not be sold without a certificate. Responsibility for a certificate is the seller.
Another guarantee of security for life, health and property used by the consumer goods (works, services) is also a statutory duty of the manufacturer, where necessary, develop and specify - in the documentation accompanying the goods on the label, marking or other means - special rules for the use product, its storage, transportation and disposal. The seller is obliged to bring these rules to the consumer.
In addition to the above, the law establishes the duty of the manufacturer (performer) to suspend the production of goods (works, services) if it is found that when the consumer rules of operation and storage, these products are causing or are likely to harm them. If you set the cause of harm is not possible or impossible to eliminate these causes, the manufacturer is obliged to remove the goods from production. Simultaneously, a manufacturer and seller of the goods must take steps to recall dangerous products already purchased by consumers. Reviewed products from consumers at the expense of manufacturers. This means that the losses caused by the withdrawal of the goods, the manufacturer must compensate both consumers and vendors in full.
From the consumer's right to security of goods (works, services) related to consumers' right to reparation. This right is also enshrined in the law.
Responsibility of the manufacturer (performer) for manufactured goods (works, services) limited service life or shelf life of goods (works, services), and if these dates are not set, then the manufacturer (performer) must ensure the safety of goods (services) within ten years the time of transfer to the consumer. If a breach of the law the manufacturer (performer) does not set the life of the goods to which the establishment of such a period, necessarily, it will be liable for damage caused to life, health or property of consumers throughout the service time of the goods, regardless of the time causing such damage.
In practice, sometimes situations arise when goods (works or services) harm to persons who are not connected with the manufacturer of this product. For instance, if ignited TV often damage is caused not only property owner's TV, but also the property of others, such as neighbors. This situation provided for by law by virtue of which the right to seek redress can any victim, regardless of whether it was a contractual relationship with the tortfeasor.
In accordance with the requirements of the RF Law "On Protection of Consumers' damage to life, health or property of consumers will be compensated in full. When injury to consumers be reimbursed the lost earnings or part thereof, whose size is calculated according to rules established by the Civil Code, medical expenses, additional meals, spa treatment, prosthetics and other expenses arising from damage to health.

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