As part of the Week of Science and Peace, held from November 6 to 12, the Ombudsman’s Office in the Donetsk People’s Republic informs DPR residents about consumer rights in the Republic to improve legal awareness of the population.
The relations arising between consumers and manufacturers, contractors, importers and sellers when selling goods (performing work, providing services) are regulated by the Law of the Donetsk People’s Republic No. 53 – INS “On Protection of Consumer Rights” dated 6 June 2015. The specified legal act also enshrines the rights of consumers to purchase goods (services) of good quality, as well as the right to receive information regarding the purchased products or services.
In case of purchase of goods of inadequate quality, during the warranty period a consumer has the right to demand:
– termination of the contract and compensation to recover losses, as well as the return of the amount paid for the goods;
– replacement for the same product or a similar one from among those available to the seller (manufacturer), with an appropriate recalculation of the purchase price;
– reimbursement of expenses for the elimination of defects in the goods.
The warranty period is the period during which the manufacturer, seller, authorized organization or authorized individual entrepreneur or importer must satisfy consumer’s requirements in accordance with the legislation of the Donetsk People’s Republic if a product (service) is found to be defective.
Termination of the contract and return of the amount paid for the goods
In the event that, during the established warranty period, significant defects are found, which are caused through the fault of the manufacturer of the goods (seller, contractor), or falsification of the goods, which may be confirmed by an expert in case of need, the consumer, in the manner and within the time period established by the legislation of the Donetsk People’s Republic and on the basis of binding rules or contract, has the right, at his/her choice, to demand the following from the seller or manufacturer:
- termination of the contract and return of the amount paid for the goods;
- replacement of goods with the same goods or a similar one available to the seller (manufacturer).
In these cases, a consumer may address, at his/her own choice, the place of purchase of the goods, the manufacturer or the enterprise to satisfy the demands.
Replacement of goods
In accordance with article 9 of the DPR Law “On the Protection of Consumer Rights”, a consumer has the right to exchange non-food items of appropriate quality for the same one from the seller from whom it was purchased within 14 days after the day of purchase, if the product did not satisfy the customer in shape, size, style, colour or for other reasons. The item may be replaced if it has not been used and if its appearance, properties, seals and labels are preserved, as well as upon presentation of a sales receipt.
It should also be noted that the consumer’s appeal on the quality of the goods to the seller must be documented on the complaint form.
Complaints for the quality of the purchased goods/services can be submitted to the shop in writing, specifying the reason for the appeal, the demands and who should satisfy the complaint. A written complaint is prepared in 2 copies. One copy must be provided to the seller, administrator or other authorized person. The other copy must contain a mark that the complaint was accepted. The date of acceptance and signature of the person who accepted the complaint must be specified.
One may send a written complaint to an economic entity by registered mail with a receipt of delivery and with a list of enclosures (“complaint with demands” should be specified in the list of enclosures). Documents received by mail (receipt, list of enclosures, receipt of delivery) must be kept, because they are proof that the complaint has been sent to the addressee.
It should be noted that the customer’s demands are considered after he/she presents the sales receipt, and for the goods with a warranty period, a technical passport or other document replacing it is needed, with a mark indicating the date of sale. Consumer demands for goods may be satisfied if the warranty period has not expired.
Also, a consumer may turn to the Inspectorate for the Protection of Consumer Rights of the Donetsk People’s Republic to protect their rights. The specified body is a specially authorized republican executive body of the Donetsk People’s Republic, which exercises state control over compliance with consumer protection laws.
The Consumer Rights Protection Inspectorate of the Donetsk People’s Republic is located at 184 Chelyuskintsev Str., Donetsk.
When applying, you must attach a photocopy of the check confirming the purchase of the product at a specific shop (if any). Also, in the appeal it is necessary to indicate the exact address of the shop, the name of the shop (if any), the data of the entrepreneur, a description of the problem, clear demands of the customer, customer’s data (name, address, telephone), date, signature.