Unofficial transfer (c) Soyuzpravoinform LLC

LAW OF UKRAINE

of June 10, 2023 No. 3153-IX

About consumer protection

This Law governs the relations between consumers of goods, works and services and subjects of managing irrespective of pattern of ownership which make, sell goods or foodstuff, perform works or provide services, establishes the rights of consumers, and also determines mechanisms of their protection and basis of realization of state policy in the field of consumer protection.

Section I. General provisions

Article 1. Determination of terms

1. In this Law terms are used in the following value:

1) the automated system of the checked sellers - information system which is component of the single state web portal for consumers in the field of electronic commerce and contains information on subjects of electronic commerce;

2) similar goods – the goods having the most similar consumer properties, in particular functional, high-quality and technical;

3) gratuitously – release of the consumer from payment of any expenses incurred by the subject of managing for recovery of proper goods quality, in particular material cost, work, transportation, services of mail service;

4) the contractor - the subject of managing performing works (renders services);

5) the producer - the subject of managing who makes goods/foodstuff or declares himself as about the producer of goods/foodstuff or about production of such goods / foodstuff to order, placing on goods/foodstuff and/or on packaging or in the accompanying documents transferred together with goods/foodstuff to the consumer, the name (name), trademark or other element which identifies such subject of managing or which imports goods/foodstuff;

6) the remote agreement - the agreement signed without simultaneous physical presence of the subject of managing and the consumer with use only means of remote communication, including electronic, to and during its conclusion;

7) diagnostics - check by the subject of managing of goods on its compliance to the established requirements imposed to it, in particular, provided by terms of the contract information on goods provided by the subject of managing;

8) durability of goods – capability of goods to maintain the functional properties and operational qualities in case of usual conditions of its use by the consumer;

9) the agreement - the oral or written transaction between the subject of managing and the consumer concerning purchase and sale of products which contains information on quality, terms, the price and other conditions under which products are acquired or sold. Confirmation of making of the oral transaction is drawn up by the receipt, the sales or cash register receipt, the ticket, the coupon, the settlement document provided by the Law of Ukraine "About application of registrars of settlement transactions in the field of trade, public catering and services" or other document (further - the settlement document);

10) the agreement of the timeshare - the agreement which effective period exceeds one year according to which the consumer for remuneration acquires right to use by one or several places for lodging for the night within more than one period of accommodation;

11) the agreement signed out of trade or office room - the agreement:

the prisoner in case of simultaneous physical presence of the company or its representative (authorized person) and consumer in the place which is not trade or office premises of the company;

which conclusion in such place was offered the consumer;

it is concluded in trade or office room of the subject of managing or with use of any means of remote communication, including electronic, right after the personal and individual address to the consumer in the place which is not trade or office room of the subject of managing, in case of simultaneous physical presence of the subject of managing or its representative (authorized person) and consumer;

put in time of the actions organized by the company for the purpose of advertizing and/or sales of products to consumers;

12) the Single state web - the portal for consumers in the field of electronic commerce (dalee-Portal the e-buyer) - electronic information and communication system within which are performed collection, accumulating, processing, protection, accounting and provision to information users about subjects of electronic commerce, and also communication of subjects of electronic commerce, consumers, the central executive body realizing state policy in the field of the state supervision (control) of compliance with law about consumer protection and other state bodies performing consumer protection in the respective spheres within competence;

13) means of remote communication – service of mail service, telecommunication networks, in particular the Internet, television networks;

14) interoperability of digital content – goods capability with digital content to function with hardware or the software, other than with what goods with digital content of one type are usually used;

15) the code of behavior - the agreement or set of the rules determining behavior of subjects of managing which undertake obligations to be effective according to this Code in one or several spheres of economic or professional activity and are established by the subject of managing or consolidation of subjects of managing;

16) commercial guarantee - any additional guarantee to the stipulated by the legislation warranty obligation which is offered to the consumer by the subject of managing on own initiative gratuitously or for additional fare, and consists, in particular, in cost recovery, replacement, repair or any guarantee maintenance of products according to the conditions provided in commercial guarantee;

17) commercial practice - any activities, failure to act, method of behavior or provision of information on products, including its advertizing and market promotion which is directly connected with delivery and/or sale of products by the subject of managing to the consumer;

18) competent authority - the central executive body realizing state policy in the field of the state supervision (control) of compliance with law about consumer protection;

19) shortcoming - any discrepancy of products to requirements of the legislation, to terms of the contract, information on products provided by the subject of managing, or defect availability in products in the value given in the Law of Ukraine "About responsibility for the harm done owing to defect in products", confirmed with results of diagnostics performed by the subject of managing, or results of other independent examination (research) of products;

20) independent examination (research) of products - expertize of products which is carried out by accredited laboratories, independent experts who are granted the right to conducting examination according to the legislation and is drawn up by the expert opinion or other result of research established by the legislation;

21) the checked seller - the status which the subject of electronic commerce which underwent electronic identification, authentication, registered on the portal the e-buyer and information on which acquires it is entered into the automated system of the checked sellers;

22) designation of the checked seller - the graphical representation containing hyperlink to the web page of the subject of electronic commerce on the portal the e-buyer and confirmatory acquisition by such subject of the status of the checked seller;

23) service - the agreement signed between the subject of managing and the consumer on making of certain actions or implementation of certain activities for task of the consumer who shall pay to the contractor the specified service if other is not established by the agreement;

24) the seller - the company which according to the agreement implements to the consumer goods/foodstuff and/or offers them for realization;

25) products - any goods, (service) made, performed or employed the consumer, and also foodstuff;

26) professional conscientiousness - the level of professionalism and diligence of the subject of managing which meets consumer expectations and virtuous commercial practice and/or the general principles of conscientiousness in the field of activities of the subject of managing;

27) work – activities of the contractor of which production of goods or change of its properties by the individual order of the consumer for satisfaction of its personal needs is result;

28) payment payment by installments - implementation by the consumer of payment of the acquired products directly to the subject of managing by parts the term and method approved between the company and the consumer without increase in the price such products;

29) the consumer - the physical person which orders acquires, receives, uses, uses or intends to acquire or order products for the personal needs which are directly not connected with business activity, independent professional activity or accomplishment of obligations of hired employee;

30) consumer education and/or education - complex of the educational and/or educational actions directed to acquisition by the consumer including in organizations of education, knowledge, skills concerning realization of the rights of consumers and mechanisms of their protection, and also on bringing to data of subjects of managing of information on the rights of consumers and mechanisms of their protection;

31) consumer dispute - the dispute which arose between the consumer and the subject of managing in process and as a result of accomplishment by the subject of managing of contractual commitments;

32) consumer properties of goods - properties to destination, reliability, esthetics, ergonomics and safety of goods, compliance to organoleptic indicators which are shown in the course of its consumption or use by the consumer for satisfaction of the requirements and determine, in particular, functionality and usability of goods, its maintainability and durability, determine the consumer cost of goods (the value, usefulness for the consumer, etc.);

33) term (term) of the validity - The term (term) determined by regulatory legal acts, terms of the contract during which (to which) in case of observance of the corresponding storage conditions and/or operation or consumption qualitative indexes and indicators of safety of products shall conform to requirements of regulatory legal acts and terms of the contract;

34) service life - the calendar term of use of products to destination, beginning from issuance or after repair during which the producer (contractor) guarantees its safety and bears responsibility for the essential shortcomings which arose through his fault;

35) the subject of managing – the producer, the seller, the contractor;

36) compatibility of digital content - product capability with digital content to function with the equipment or the software with which products with digital content of the same type, without the need for transformation of products, the equipment or the software are usually used;

37) technically difficult household goods - nonfoods of broad consumption (devices, machines, the equipment, etc.), including goods with digital content which consist of nodes, blocks, components conform to requirements of the legislation, have technical characteristics, are followed by operational documents and on which the warranty period is established;

38) goods – nonfood products, namely:

any personal estate, except for objects which sale is necessary for compliance with law or is otherwise stipulated by the legislation;

any personal estate which includes or is interconnected with digital content or digital service in such a way that lack of digital content or digital service makes impossible use of goods to destination (goods with digital elements);

39) the goods or foodstuff sold on weight - goods or foodstuff which were not packed previously up and are weighed measured) by the consumer or in its presence;

40) the trade room is:

any stationary room in which the company performs the economic activity on permanent basis;

any portable trade room in which the subject of managing performs the economic activity (in particular Autoshops, autocafe, benches trailers, special processing equipment (low-temperature trays counters), trays);

41) functionality of goods – capability of goods to perform the functions taking into account purpose of such goods;

42) digital service is the service allowing:

to the consumer to create, process, store or get access to data in digital form;

extend or any otherwise to use the data in digital form loaded or created by the consumer or other users of such service;

43) digital content – data which are made, reproduced, stored and are provided in digital form;

44) unit price of products - final price, including the value added tax and other taxes, for 1 kilogram, 1 liter, 1 meter, 1 square meter, 1 cubic meter or other unit of output established according to the legislation on metrology and metrological activities;

45) realization value of products - final cost per unit of output or the set product quantity, including tax on added the price and other taxes.

2. Other terms are used in this Law in the following values:

the terms "safe foodstuff", "foodstuff", "unsuitable foodstuff", "dangerous foodstuff" - in the values given in the Law of Ukraine "About the basic principles and requirements to safety and quality of foodstuff";

the terms "commercial electronic message", "service of electronic service of comparison of products", "service of electronic service of placement of announcements", "service of electronic trading platform", "service provider price aggregator", "service provider of marketpleys", "service provider of classified", "electronic agreement", "online store" - in the values given in the Law of Ukraine "About electronic commerce";

the terms "issuance", "distribution", "risk", "technical regulation" - in the values given in the Law of Ukraine "About technical regulations and assessment of conformity";

the terms "counterfeit goods", "piracy goods" - in the values given in the Customs code of Ukraine;

the term "medicine" - in the value given in the Law of Ukraine "About medicines";

the terms "retirement", "response" - in the values given in the Law of Ukraine "About general safety of non-food products".

3. For the purposes of this Law the term "subject of electronic commerce" is used in the following value: the subject of managing of any form of business realizing goods, performing works, rendering services with use of information and communication systems.

In this Law "day" means the term calendar day.

Article 2. Law coverage

1. This Law governs the relations between consumers and business entities.

2. The consumer protection law consists of this law, the Civil code of Ukraine, the Economic code of Ukraine and other regulatory legal acts containing regulations on consumer protection.

3. Regulations of this law on consumer protection of electronic communication services, housing and communal services, financial services, services of mail service, and also in spheres of passenger traffic and tourism are applied taking into account the features established by the laws governing the relations in the respective sphere.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info