Each state in its own way takes care of the observance of the rights of citizens. In countries where trade relations are developed, laws on consumer protection have been adopted. In the Republic of Belarus, this document also exists. It complies with international standards, providing consumers with protection from the state. This law allows the buyer to choose the product at his discretion, exchange it in case of marriage, find out additional information about the product and leave true reviews about it.
What are consumer rights?
By purchasing different products, many consumers are not aware of their privileges. There is such a thing as consumer rights, that is, the buyer can demand from the seller:
- confirmation of product quality;
- complete information about the acquisition;
- the ability to choose a product;
- Compensation for all costs and non-pecuniary damage received after the acquisition of low-quality goods or services.
Consumer rights existed long before formal laws were passed. The public has always condemned the fraud of the buyer. Over time, these concepts were singled out in a special section.
In Belarus, consumer rights are regulated by a separate law. It contains paragraphs with explanations of what you can count on when buying a particular product. Representatives of trade relations are companies or distribution networks and ordinary inhabitants. In some cases, instead of a simple citizen, a private company is involved in the transaction. This is the case when bulk purchases are made.
Brief description of state law
Any issues related to the protection of consumer rights in the Republic of Belarus are resolved using document No. 90-3. It was adopted in January 2002. In July 2008, the President of the country approved amendments and additions related to consumer rights issues.
All the norms prescribed in legislative documents are intended to exercise control over trade and public relations. The Law of the Republic of Belarus "On Protection of Consumer Rights" spells out the rules according to which participants must carry out their actions. For violation of the distribution, selection, consumption, exchange of goods penalties are provided.
Along with the Constitution of the Republic, the Civil and Procedural Code, the Ordinance on the Rules of Trade, other documents protecting consumer rights also apply. These are normative acts, which are drawn up in the form of orders and instructions. They perform the same function, regulate the rules and conditions for the sale of goods for the population.
In addition, these orders can significantly expand the sphere of influence of the Law of the Republic of Belarus "On Protection of Consumer Rights". Often you have to resort to these documents if the rights of buyers are infringed. The law does not spell out rules designed to address procedural and tax issues. There is a separate document on state duty for them.
It is very important that the protection of consumer rights under the Law of the Republic of Belarus occurs at the state level. The main goal of the normative act is to give complete information about the goods and services provided to the client, so that he has the opportunity to make a choice. Regulatory documents that spell out any nuances on trade issues are designed to protect buyers from unscrupulous sellers and manufacturers.
Protection mechanisms
If the client received a poor-quality service or product, then he has the right to contact the appropriate consumer protection authorities. In Belarus, there are various mechanisms for protecting the buyer. The following entities may assert his rights:
- independent representatives;
- government bodies;
- specially created public associations.
A citizen has the right to himself protect consumer rights under the Law of the Republic of Belarus, if he is familiar with all its sections. Any claims submitted by the buyer regarding the inadequate quality of the goods or services should be considered by all authorities. However, you should first contact the seller. In some cases, the exchange or return of goods at the request of the consumer is carried out without hindrance. Public and state institutions are obliged to protect the citizen within the framework of the powers granted by the Law of the Republic of Belarus "On Protection of Consumer Rights".
Public associations are created specifically to support buyers who are faced with a similar problem. By contacting such an organization, a citizen receives comprehensive assistance.
It lies in the fact that he is advised on issues of interest, introduced to the main points of the existing Law "On Protection of Consumer Rights", helps to make claims, file lawsuits. If necessary, these associations invite qualified lawyers, experts in trade relations for a full consultation.
Features of the Law in the Republic of Belarus
The law responsible for relations between the consumer and the seller in the Republic of Belarus is represented by a full-fledged structured act. As in Russia, it is designed to ensure that relations in the trade sphere are settled. Based on the same Law "On the Protection of Consumer Rights". In the Republic of Belarus, the document in the same way explains the buyer’s capabilities and measures of protection against low-quality goods or services.
Here, his rights and responsibility of the other party in case of violations are clearly spelled out. In addition to the current Law, which was last edited in 2008, there are documents such as requirements and standards for goods.
They are represented by special technical documentation containing full specifications. Sanitary standards for the storage of a product should also be attached. During inspections of bodies for the supervision of the quality of service, the seller must provide these documents. Product data must be registered in accordance with the regulations established by law. In case of non-compliance, the regulatory body has the right to withdraw the goods from circulation.
Based on the Law of the Republic of Belarus "On Protection of Consumer Rights", as well as on the Civil Code, the buyer can submit a claim for the purchase of low-quality goods / services and demand compensation for damage caused financially or morally.
What rights do consumers have?
The regulation of the state legislative document is primarily related to ensuring the rights of each buyer. The Law spells out all the rights that a consumer should have. The list includes:
- Obtaining complete and accurate information about any product / service. This includes the name of the product, its characteristics, features and varieties. In Belarus, according to the Law on Consumer Rights, the price, expiration date, and recommendations for use should be indicated. In addition, the buyer has the right to demand regulations that provide information about the manufacturer and the level of quality of the goods.
- Education in the field of trade. This paragraph is intended to provide information on how the relationship between the buyer, manufacturer and seller is regulated. He can get this information by studying the Law on Consumer Rights in the Republic of Belarus. Any additions to this document will be made public.
- The choice of goods at your discretion. The seller has no right to influence the buyer by any means, advertising his products. The consumer must decide for himself when and from whom to buy the goods.
- Purchase of goods of declared quality. Products provided by the manufacturer or other seller must be compliant and safe, both before and during use. According to the Law of the Republic of Belarus "On the Protection of Consumer Rights", the client can check the goods, establishing their quality with the help of additional examination.
- Receiving compensation for low-quality products. If after the acquisition it is established that the product has a quality that does not meet the declared characteristics, the seller must reimburse the consumer for all costs. In some cases, the buyer has the right to request compensation for non-pecuniary damage caused by the use of low-quality products.
- Protection of the rights of higher authorities. When the manufacturer or seller refuses to pay compensation or exchange goods of poor quality, the buyer can seek help from a court or other state / public authorities.
Any citizen of the Republic of Belarus has the right to appeal with knowledge of his rights and seek the provision of quality goods and services. These items are basic. They will help resolve the dispute between the buyer and seller, if it arises.
Basic concepts
When considering a legislative act, special attention should be paid to definitions that will help to better understand the meaning of the Law and affect the decision of the judicial authority. The list of basic concepts includes the following:
- A receipt of the goods, which shows the date and time of purchase. Also here is complete information about the seller.
- Guarantee period. Unless other rules are established by the manufacturer, a claim for damage to the goods can be presented within one year. In some situations, the warranty period may be extended, as stated in the technical documentation. The buyer has the right to challenge this in court if he considers that the breakdown was not his fault.
- The disadvantages of the goods. The concept includes visible or hidden defects in the structure and functioning of products. Inconsistency with the technical description of the goods is also a drawback.
- Product quality. This is the presence or absence of any properties that were previously declared by the manufacturer. If no signs are found, the consumer has the right to demand a replacement product / refund.
- Shelf life. Means that any product has a certain period of use. By offering the buyer goods that have expired, the seller violates the Law of the Republic of Belarus "On Protection of Consumer Rights".
- Duration and storage conditions. The buyer should receive complete information about how long the product can remain intact and not lose its properties. This section also includes information about the temperature, illumination of the room in which the goods will be stored.
The concepts presented are useful for the buyer who wants to purchase products of appropriate quality. With their help, he will be able to challenge his rights and achieve the implementation of the Law of the Republic of Belarus "On Protection of Consumer Rights".
Seller Responsibility
When regulating disputes, the legislature is on the side of the buyer, giving him the opportunity to make any claims to the seller, without fear of refusal. If any consumer rights are violated, the return of goods in Belarus is carried out after the examination. The manufacturer must pay a penalty or replace the product with a working one. The following measures apply to the seller or manufacturer of substandard goods:
- Termination due to insufficient information. If it is proved that during the selection of goods false information was provided about the characteristics, quality, availability, then the transaction may be terminated.
- Responsibility for the supply of products of inadequate quality. In this case, the buyer may also claim damages. Distinguish types of exposure in connection with the use of low-quality goods: harm to property, life or health of the consumer. Product life is of great importance here. If the buyer was not able to verify that this period has expired, the manufacturer must compensate for any costs to the customer.
- Compensation for non-pecuniary damage. Often this measure is used in conjunction with previous options. The amount of this compensation is determined by the judicial commission. When considering the case, it takes into account all risk factors, because of which the consumer received moral harm.
- Termination of the contract of sale due to unfavorable conditions for the consumer. If at the trial it turns out that the conditions for the purchase of goods were initially unfavorable for the buyer, the transaction can be terminated. In this case, the seller is obliged to reimburse the monetary costs that were associated with the acquisition of the goods and the conduct of the lawsuit.
According to the document on consumer rights in the Republic of Belarus, the return of goods and consideration of the claim should take no more than a week. If during this period the buyer has not received any information about the repair, replacement of the goods or monetary compensation, the defendant will be forced to pay an additional refund for each day of delay for one percent of the value of the goods.
The manufacturer / seller must pay compensation or exchange goods for a better one only if he is found guilty. If at the court session it is proved that the shortcomings of the product arose due to improper handling by the consumer, payments and exchanges of goods will be refused.
What to do in a specific situation
Knowledge of the Law "On Protection of Consumer Rights" is very important, as citizens daily face unfair attitude of sellers. If such a situation arises, the buyer will be able to put this knowledge into practice, having defended his rights. Even before making a purchase, you need to study all available information. When a defect is discovered after the acquisition and payment of funds, you should return this product as soon as possible and file a claim with the seller.
According to the Law, the buyer can calculate:
- To replace a bad product with a better one, if the store has a similar one.
- To reduce the cost. If the flaws are minor, the consumer has the right to demand a reduction in the price of the purchased goods.
- To refund money for the purchase. The amount that he paid is returned to the client. If it is established after the acquisition that the goods were damaged due to no fault of the buyer, then the funds must be returned in full.
- To eliminate flaws. The manufacturer can, at the request of the client, eliminate the defects presented free of charge.
- For a refund. When the buyer carries out repairs on his own due to breakdown of the goods within the warranty period, he can present the seller with checks from the workshop where the goods were repaired and demand reimbursement of expenses.
According to the Law on Consumer Rights in the Republic of Belarus, a refund of money or a better product must occur within the established time frame, but no later than 2 months from the start of the procedure. When a demand for a refund for a purchase is made within 2 weeks from the date of purchase of a product, the buyer has the right to expect a full refund without additional examination. However, if there are external defects that indicate consumer intervention in the design of the product, the warranty conditions cease to apply.
The regulatory acts to the Law of the Republic of Belarus "On the Protection of Consumer Rights" contain a list of goods with a category of complexity. These include computing devices, meters, equipment for heating boilers of any type. They are subject to return / replacement if it is reliably proven that a particular device has significant shortcomings that arose due to the fault of the manufacturer.
When making a claim, the buyer must appeal with such concepts as the warranty period, defects of the goods, check, expiration date and storage.
System flaws
Knowledge of the Law on Consumer Rights in the Republic of Belarus is not always a positive factor. In some cases, scammers use this regulatory document. Sellers have to be vigilant every time customers contact, so as not to go broke paying compensation.
Sometimes consumers, due to their own ignorance, damage the product without first familiarizing themselves with its documentation. After these actions, they are in a hurry to accuse the manufacturer of distributing substandard products. Because of this, sellers have to prove their competence by allocating additional costs for research and examination. Among sociologists, this phenomenon has been called consumer extremism. This means misinterpretation of the law in their own interests. Some customers of large companies in Belarus manage to get a refund for an expensive car due to several burned out LEDs.
Conclusion
The Law "On Protection of Consumer Rights" in Belarus is a full-fledged regulatory document, developed taking into account the characteristics of the state. It fully fulfills its functions, providing buyers with the opportunity to familiarize themselves with legislative acts and find out their capabilities. When shopping in virtual and real stores, consumers may demand that their rights be exercised in accordance with the Federal Law.