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Consumer protection

Shopping, and various orders are not unusual nowadays. However, such acquisitions do not always turn out to be what we originally expected. Such problematic situations are regulated by Law of Ukraine On consumer rights protection. In all developed countries, consumer rights are regulated at the legislative level. Ukraine is no exception in the list of such countries. At the legislative level, the possibility of obtaining high-quality services and goods is enshrined in both the Constitution of Ukraine, and the provisions of the state budget code. In turn, civil procedure legislation regulates the judicial procedure, within which violations related to consumer rights are eliminated.

It is common for a lawyer to protect the consumer’s rights. There are many reasons for this: the legal illiteracy of citizens, and the lack of business ethics in the entity that sells goods, and services. Besides to the definition of rights, manufacturers, and sellers of goods, and services should know their responsibilities, since this is often the basis for consumer protection as a plaintiff.

According to the legislation of Ukraine, the manufacturer of the product is obliged to provide the consumer with a high-quality product, which will contain all information about the composition, conditions, and shelf life, if necessary. When releasing products to the market, the manufacturer also assumes a warranty obligation to repair the product or replace a defective part free of charge during the period stipulated in the terms of service of the buyer.

Legal obligations of the seller:

  • providing documents for the product at the first request of the buyer
  • providing full information about the product being sold (description of characteristics, other),
  • making a guarantee
  • providing information about the service centers for warranty repair.

The buyer also has responsibilities, the main of which is the correct use of the purchased product.

How to return an item to the store

You can return the product to the seller in two situations:

  • if the product did not fit but was not in use;
  • if the product was of poor quality.

→ If the product does not fit the buyer for any reason, the buyer has the full right to return it, and get the entire amount back. The return period is no more than 14 days from the date of purchase or actual receipt (in cases when the product was delivered by mail, courier, or delivery service). To return, the buyer must present a receipt for the product, and the product itself with its original appearance preserved (the product must have a tag, label, packaging, etc.). If the product was damaged, the seller has the right to refuse to return it.

In case of purchasing a low-quality product, the buyer has the right to return the product, request replacement or repair. Claims are considered legitimate provided that the warranty period has not yet expired.

For a refund, replacement, or free repair, the buyer must apply to the appropriate outlet. It is the seller’s responsibility to draw up a return certificate for the product.

How to return an item purchased in an online store

The development of online Commerce, and the increase in the volume of goods purchased on the Internet raise the question: can I return the product if the receipt is missing?

Our answer is YES! The absence of a receipt is not a valid reason for refusing to comply with the consumer’s rights. The invoice, receipt, operating instructions, and witness statements are also proof of purchase, as stated by the laws of Ukraine.

To effectively defend your rights as a consumer, the specialists of Kasyanenko & Partners Law Company recommend:

  • Save documentary proof of purchase of the product from a specific seller;
  • Operate the purchased product according to the instructions provided;
  • Keep the packaging until the warranty period expires;
  • Do not delay filing a claim;
  • Insist on satisfaction of the claim, referring to the law on consumer rights.

A lawyer will help you protect your consumer rights if:

  • you are planning an expensive purchase (real estate, cars, appliances, etc.);
  • the supplier company refuses to perform warranty repairs;
  • you made a purchase that was of poor quality;
  • the new acquisition has caused damage to you or your property;
  • you took out a loan to buy something but later realized that you are not able to repay the loan;
  • you doubt that the consumer agreement meets your interests as a buyer;
  • the terms of the purchase were violated, there was no payment confirmation, delivery was not made, etc.;
  • the seller offers to pay for the purchase to a third party’s account;
  • you need to draw up a contract with the contractor correctly;
  • you made a purchase, and were dissatisfied with it, because there was false or insufficient information about the product;
  • you have any other questions in the field of consumer law.

We can help you:

  • save or refund money spent on the purchase of an item of inappropriate quality;
  • to avoid the problems associated with consumer agreements;
  • solve the problem, and choose the best strategy for it;
  • get high-quality legal advice in this area of law;
  • obtain information from third parties that can help resolve a consumer problem or dispute;
  • draw up a claim, complaint, petition, and other documents, and then submit them to the appropriate authorities;
  • represent your interests in court, justify, and correctly defend your position in a dispute with the seller/performer;
  • get legal support in pre-trial proceedings.

Kasyanenko & Partners Law Company lawyers, and attorneys have extensive practice in consumer protection. By contacting us for help, you will receive professional assistance in the judicial protection of your rights as a consumer. We will resolve any issue related to compensation for moral or material damage, help you recover a penalty, and damages from the defendant, and do everything necessary to protect your rights.

Dmytro Kasyanenko

Lawyer, managing partner of the Kasyanenko & Partners Law Firm. Since 2002, he has gained extensive legal experience in key positions in business structures and the public sector in the field of law and finance.

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