of February 7, 1992 No. 2300-1
About consumer protection
This Law governs the relations arising between consumers and manufacturers, contractors, importers, sellers, owners of aggregators of information on goods (services) in case of sales of goods (performance of works, rendering services), establishes the rights of consumers to purchase of goods (works, services) of proper quality and safe for life, health, property of consumers and the environment, receipt of information on goods (works, services) and about their manufacturers (contractors, sellers), about owners of aggregators of information on goods (services), education, the state and public protection of their interests, and also determines the mechanism of realization of these rights.
The basic concepts used in this Law:
the consumer - the citizen having intention to order or acquire or ordering, acquiring or using goods (works, services) only for the personal, family, house and other needs which are not connected with implementation of business activity;
manufacturer - the organization irrespective of its form of business, and also the individual entrepreneur, the making goods for realization to consumers;
the contractor - the organization irrespective of its form of business, and also the individual entrepreneur, the performing works or the rendering services to consumers under the paid agreement;
the seller - the organization irrespective of its form of business, and also the individual entrepreneur, the implementing goods to consumers according to the purchase and sale agreement;
lack of goods (work, service) - discrepancy of goods (work, service) or to the mandatory requirements provided by the law or in the procedure established by it or terms of the contract (in case of their lack or incompleteness of conditions to usually qualifying standards), or to the purposes for which the goods (work, service) such are usually used or to the purposes of which the seller (contractor) was informed by the consumer in case of the conclusion of the agreement, or to sample and (or) the description in case of sale of goods on sample and (or) by description;
the essential lack of goods (work, service) - unremovable shortcoming or shortcoming which cannot be eliminated without disproportionate expenses or costs of time either comes to light repeatedly, or is shown after its elimination, or other similar shortcomings again;
safety of goods (work, service) - safety of goods (work, service) for life, health, property of the consumer and the environment in case of usual conditions of its use, storage, transportation and utilization, and also safety of process of performance of work (rendering service);
the organization authorized by the manufacturer (seller) or the individual entrepreneur authorized by the manufacturer (seller) (further - authorized organization or the authorized individual entrepreneur) - the organization performing certain activities, or the organization created in the territory of the Russian Federation by the manufacturer (seller), including the foreign manufacturer (the foreign seller), the performing certain functions based on the agreement with the manufacturer (seller) and authorized by it on acceptance and satisfaction of consumer requirements concerning goods of inadequate quality, or the individual entrepreneur registered in the territory of the Russian Federation, performing certain functions based on the agreement with the manufacturer (seller), including with the foreign manufacturer (the foreign seller) and authorized by it on acceptance and satisfaction of consumer requirements concerning goods of inadequate quality;
the importer - the organization irrespective of form of business or the individual entrepreneur, performing commodity import for its subsequent realization in the territory of the Russian Federation;
the owner of the aggregator of information on goods (services) (further - the owner of the aggregator) - the organization irrespective of form of business or the individual entrepreneur which are owners of the program for electronic computers and (or) owners of the website and (or) the page of the website on the Internet and which provide to the consumer concerning certain goods (service) opportunity at the same time to study the proposal of the seller (contractor) on the conclusion of the purchase and sale agreement of goods (services agreement), to sign the purchase and sale agreement (services agreement) with the seller (contractor), and also to make advance payment of the specified goods (service) by cash calculations or money transfer to the owner of the aggregator within the applied forms of clearing settlements according to Item 3 of article 16.1 of this Law and the Federal Law of June 27, 2011 No. 161-FZ "About national payment system".
1. The relations in the field of consumer protection are governed by the Civil code of the Russian Federation, this Law, other Federal Laws (further - the laws) and other regulatory legal acts of the Russian Federation accepted according to them.
2. The government of the Russian Federation has no right to charge to federal executive bodies to adopt the acts containing regulations about consumer protection.
The government of the Russian Federation has the right to publish for the consumer and the seller (the manufacturer, the contractor, authorized organization or the authorized individual entrepreneur, the importer, the owner of the aggregator) governed, obligatory in case of the conclusion and execution of public agreements (agreements of retail purchase and sale, power supply, agreements on performance of works and on rendering services).
The paragraph third ceased to be valid according to the Federal Law of the Russian Federation of 18.07.2011 No. 242-FZ
1. If the international treaty of the Russian Federation establishes other rules about consumer protection, than those which are provided by this Law are applied rules of the international treaty.
2. The decisions of interstate bodies made based on provisions of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation are not subject to execution in the Russian Federation. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.
1. The right of consumers to education in the field of consumer protection is provided by means of inclusion of relevant requirements in federal state educational standards and educational programs, and also by means of the organization of system of consumer information about their rights and about necessary actions for protection of these rights.
2. For the purpose of realization of the right of consumers to education in the field of consumer protection the state supervision body performs forming and maintaining open and public state information resource in the field of consumer protection, qualities and safety of goods (works, services) according to the procedure, established by the Government of the Russian Federation.
1. The seller (contractor) shall report to the consumer goods (to perform work, to render service), which quality corresponds to the agreement.
2. In case of absence (works, services) the seller (contractor) shall transfer in the agreement of conditions on goods quality to the consumer the goods (to perform work, to render service) conforming to usually qualifying standards and suitable for the purposes for which the goods (work, service) such are usually used.
3. If the seller (contractor) in case of the conclusion of the agreement was informed by the consumer of specific purposes of purchase of goods (performance of work, rendering service), the seller (contractor) shall report to the consumer the goods (to perform work, to render service) suitable for use according to these purposes.
4. In case of sale of goods on sample and (or) the description the seller shall report to the consumer goods which match sample and (or) the description.
4.1. In case of sale of separate types technically of difficult goods with previously installed programs for electronic computers opportunity to use separate types technically of difficult goods with previously installed programs for electronic computers which countries of source are the Russian Federation or other state members of the Eurasian Economic Union is provided to the consumer. The list of separate types of the difficult goods specified technically, procedure for creation and maintaining the list of programs for electronic computers which countries of source are the Russian Federation or other state members of the Eurasian Economic Union and which shall be previously established, and procedure for their preliminary installation, including requirements to functioning are determined by the Government of the Russian Federation.
Previously installed programs for electronic computers used by the consumer on separate types technically of difficult goods for information access on the websites on the Internet shall provide possibility of use without additional settings (by default) of search engine which country of source is the Russian Federation or other state members of the Eurasian Economic Union, according to the procedure, established by the Government of the Russian Federation. Requirements to the specified search engine and procedure for its determination are established by the Government of the Russian Federation.
Previously installed programs for electronic computers used by the consumer on separate types technically of difficult goods shall including include the program for electronic computers which is intended for search, of viewing and acquisition of programs for the electronic computers applied by consumers with use technically of difficult goods (further - single app store) and which functioning is performed taking into account the basic principles approved by the federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of information technologies. The federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of information technologies also approves the list of programs for the electronic computers placed in single app store without fail.
5. If the laws or in the procedure established by them provide mandatory requirements to goods (work, service), the seller (contractor) shall report to the consumer the goods (to perform work, to render service) conforming to these requirements.
1. On the goods (work) intended for long-term use, the manufacturer (contractor) has the right to establish service life - the period during which the manufacturer (contractor) shall provide to the consumer possibility of use of goods (work) to destination and bear responsibility for essential shortcomings based on Item 6 of Article 19 and Item 6 of article 29 of this Law.
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