Consumer rights: who is affected and how to protect yourself

In today's environment of diversity and accessibility of goods and services, consumer protection is becoming particularly important. Knowledge and understanding of key laws will help you avoid financial losses in case of purchasing products of inadequate quality, as well as gain effective leverage over unscrupulous sellers.

Consumer: who is meant by this term?

According to the official definition, a consumer is an individual who purchases, orders, uses or intends to purchase goods. An important condition: only for their own needs, which are not related to entrepreneurial activity or the performance of professional duties.

Accordingly, even if the goods have not been purchased, but only the intention to buy them has appeared, the interaction between the seller and the buyer is regulated by the Consumer Protection Law. It is relevant not only for Ukrainian but also for foreign citizens who are individuals and enter into transactions in the country.

Consumer rights and obligations

When purchasing goods or ordering services, it is useful to know what consumer rights exist that are protected by the state. Among them:

• proper quality of goods and services
• security of purchase;
• provision of reliable information in full;
• service in the Ukrainian language.

In the event of misconduct or violations of consumer rights in Ukraine, they can be defended in court and by joining public organizations.

Consumer responsibilities

The buyer of the goods or the recipient of the service is responsible for complying with the rules set forth in the operating documentation, as well as the general safety measures adopted for products of this category. As well as consumer rights, the law also regulates obligations:

• to carefully read the instructions provided by the manufacturer (seller or contractor) before using the product;
• if there is a need for clarification, seek assistance from the seller or other person specified in the operating documentation before starting use;
• the product must be used in accordance with its intended purpose, in compliance with the conditions, requirements and standards specified by the manufacturer in the documentation.

It is important to understand what rights consumers have. If the goods and services paid for do not correspond to the declared description, then this is a case of inadequate quality, and the client can return the money or choose other available methods of compensation. However, if the purchase was spoiled due to misuse or misunderstood information, the Consumer Rights Law will be on the side of the seller/manufacturer/service provider. To resolve disputes, an independent examination may be conducted - the cost of which is borne by the person who caused the failure of the goods. This can be either a factory defect or a violation of the operating conditions.

The Law of Ukraine on Consumer Rights: main provisions

The main regulatory act governing trade and market relations and defining consumer rules, as updated as of 19.11.2022, is available on the official website of the Verkhovna Rada. It consists of 5 chapters and 32 articles, and the clauses describing the procedure for purchasing goods of inadequate quality and consumer rights in Ukraine deserve special attention:

1. Exchange or return. If the purchase does not fulfill the specified functions or does not meet the declared characteristics, you can return the product or exchange it for an identical one from the store's assortment.
2. Price reduction. If defects cannot be eliminated, the Law of Ukraine on Consumer Rights provides for the possibility of reducing the price in accordance with the identified defects.
3. Warranty service. If the goods fail before the end of the period set by the manufacturer, they must be repaired, exchanged or refunded. However, it is important to remember the consumer rules: if the cause was improper use, the warranty becomes invalid.
4. Free repairs. By agreement of the parties, if the defects can be eliminated, the seller is obliged to carry out the restoration within 14 days (unless a longer period has been agreed upon).
5. Compensation for damages. If a product of inadequate quality causes damage to health or property, all consequences must be compensated in full.

Ukrainian law clearly defines who a consumer is, what rights and obligations they have, and most importantly, what is the procedure to follow in the event of a dispute or conflict.

Violation of the terms of the contract during the provision of services

If the amount of work performed exceeds 70%, then only the uncompleted part can be withdrawn. There are also a number of options for resolving the conflict in case of defects in the work:

• free elimination
• reduction of the cost;
• manufacture of a new product or re-performance of the work;
• reimbursement of the costs of correction.

Consumer rights also include the ability to demand compliance with the stated deadlines. If the work was not completed on time, a penalty of 3% of the order value may be demanded for each day of delay. And any additional work beyond the approved estimate or signed contract must be authorized.

Consumer protection: where to go

First, you need to file a claim with the outlet or service provider. If the inadequate quality of the goods or violation of the terms and conditions is obvious, it is likely that an amicable agreement will be reached.

Otherwise, the State Consumer Inspection of Ukraine will help. You can submit an appeal on the official website: https://consumer.dpss.gov.ua/e-form/, as well as familiarize yourself with the provided guidelines, recommendations and a description of the application procedure. For a telephone consultation, you can call the following round-the-clock hotline numbers:

• (044) 364 77 80;
• (050) 230 04 28.

After reviewing the case, the Consumer Protection Service will verify the information provided in accordance with the regulations.

To resolve the conflict, you can also go to court, but in this case, you should enlist the help of an experienced lawyer who will provide documentary support and advise you in detail on all issues.