GOODS WITH DEFECTS
Explanation of the consumer rights lawyer
Probably, everyone faced the problem of buying low-quality, spoiled goods with defects, but not everyone knew what to do in such cases, and how to protect their rights.
Every consumer should remember the provisions of the Law of Ukraine "On Consumer Protection" on situations where the purchased product has significant or insignificant shortcomings.
Article 8 of the Law clearly states that the buyer of substandard goods has the right to:
require a proportional reduction in price
applied at the choice of the buyer in cases where the defect is not significant, does not make the product inadmissible for performance, but occurred through no fault of the buyer.
demand free elimination of defects (or reimbursement of costs for their elimination)
Deficiencies are eliminated within a reasonable time (within 14 days from the date of presentation), and for each day of delay - a penalty of 1% of the value of the goods.
At the time of repair of some types of goods, the buyer is issued similar goods
terminate the transaction and return the money spent on the purchase
It is used if the lack of goods is significant and has arisen
through the fault of the seller.
Recalculation of the value in case of price increase is made based on its value at the time of exchange, and in case of price decrease - based on the value at the time of purchase.
The money paid for the goods is returned to the consumer on the day of termination of the contract, but not later than 7 days.
replace the product with the same or similar
Applicable if:
- the lack of goods is significant
- the defect arose through the fault of the seller
Such a requirement must be met immediately.
Exceptions -
term of 14 days if the check of quality of the goods is required
term of 2 months - if the necessary goods are absent.
The
General conditions:
- the consumer may use any of the above methods of protection during the warranty period (specified in the documents accompanying the goods);
- when making claims, it is necessary to present a settlement document, as well as a technical passport (if available) and other documents, which contain marks on the date of sale of the goods. Even if you have lost such a document, it can be restored, in the manner prescribed by law.
- proving the fact of the existence of defects through the fault of the seller is entrusted to the seller, and by conducting an appropriate examination at his expense and within the period prescribed by law in 3 days.
- When checking the quality of goods, the consumer has the right to be present in person or through a representative.
Скільки може тривати гарантійний ремонт автомобіля? Читайте за посиланням
Questions? Contact our lawyers in a way convenient for you:
1. Write your question in the CHAT (at the bottom of the page)
2. Call our contact number +380677752277
3. Come to our office (by appointment) at the address: Kyiv, Sq. Solomianska, 2, of. 801.