Friday, August 5, 2011

What to do if you do not want to sell the product

Sometimes the buyer have to deal with flagrant injustice when the seller refuses to implement the selected product. Reasons and excuses are different, they say, the goods are already paid by bank transfer, we forgot to remove it, or worse - the price of goods has changed, but the price tag does not change in time. As in that case? It's simple - exercise their consumer rights. According to the Law of Ukraine "On Protection of Consumer Rights", the buyer gets the goods at the price specified by the seller. In turn, according to the Rules of retail consumer goods (approved by Order of the Ministry of Economy of 19.04.2007 № 104), an entity, indicate the retail prices on the labels (price tags), or index of prices of goods that entered the market (paragraph 15 of the Rules). Moreover, the law on consumer protection prohibits unfair business practices. In particular, prohibits such actions that have introduced consumer fraud, such as: a proposal for the sale of products at a certain price (ie the price indicated on the label. - Ed.) If there is reason to believe that the seller can not provide such products to such price or in such amounts, waiver of the presentation of consumer goods that are offered, and the refusal to accept an order or failure of the goods within a reasonable period or demonstration of a defective sample of the goods (Article 19 of the Act). In other words, if you refuse to sell the goods at the price indicated on the price list or can not sell the goods according to the sample, exposed, for example in a shop window for display purposes, etc. - There is a violation of the law of business entities. Incidentally, the said Order is allowed selected consumer non-food items as agreed with the administration of commercial facility to keep the trading floor, but the written out shopping receipt must indicate the time of payment. If the consumer has not made payments on time, the goods available for sale. Faced with such a delayed product (usually it is kept in a separate location of sales area), the buyer is only one option - to wait the specified time for implementation and hope that the buyer deposited the goods do not come back for him. If no instructions (written) to defer payment for goods is not, feel free to ask for its implementation. In addition, purchased big-ticket items, such as furniture, stroymaterily, refrigerators, washing machines, etc. the user can leave the deposit in the business entity for an agreed period of time. Why, indeed, is the commodity storage agreement. In this case, the abandonment of storage product provides a copy of the settlement document, which indicates the shelf life and most importantly - on the product itself is placed a sign saying "Sold" (paragraph 21 of the Rules). So, if the seller refuses to sell you vending goods (bulky), placed on the trading floor without a placard that indicates it is sold to another client, a violation of the law on protection of consumer rights. However, it is clear that you can not demand the transfer of their property bought by someone before you have the goods, because thus you encroach on others' property. Therefore, there is only one way out - to spite the store. To do this, leave the corresponding entry in the guestbook, or write a complaint, or call the Territorial Department of Consumer Protection. By the way, for such violations, the store will be subject to administrative proceedings. In particular, Ukraine has a Regulation on the procedure and the imposition of fines for breaches of legislation on protection of consumer rights, approved by the Cabinet of Ministers of 17.08.2002 № 1177. So, for example, lack of adequate, affordable, reliable and timely information about product and services will be "worth" the store a fine of 30% of the value received for the implementation of the consignment, but not less than five NMDG. By the way, the information on this product should also include data on price (tariff), terms and conditions of purchase (Article 15 of the Law on Protection of Consumer Rights). But I would like to draw your attention that, in speaking of fine, meaning the amount of money that will be charged the authorities Derzhspozhyvstandard the budget, and in any case not in the pocket of the wronged consumer.

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