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of November 26, 2024 No. 1347
About approval of the Procedure for return (replacement) of unsuitable and dangerous foodstuff
According to part one of article 8 of the Law of Ukraine "About consumer protection" the Cabinet of Ministers of Ukraine decides:
1. Approve the Procedure for return (replacement) for unsuitable and dangerous foodstuff which is applied.
2. This resolution becomes effective at the same time with entry into force of the Law of Ukraine of June 10, 2023 No. 3153-IX "About consumer protection".
Prime Minister of Ukraine
D. Shmygal
Approved by the Resolution of the Cabinet of Ministers of Ukraine of November 26, 2024, No. 1347
1. This Procedure governs the relations between the consumer and the subject of managing irrespective of pattern of ownership in case of acquisition by the consumer of unsuitable or dangerous foodstuff and its replacement by the foodstuff suitable for consumption, or return of the paid means for such product.
2. In this Procedure the terms "safe foodstuff", "dangerous foodstuff", "unsuitable foodstuff" are used in the value given in the Law of Ukraine "About the basic principles and requirements to safety and quality of foodstuff" terms "date" use to ", " the minimum expiration date of foodstuff" - in the value given in the Law of Ukraine "About information for consumers concerning foodstuff", the terms "consumer", "subject of managing" - in the value given in the Law of Ukraine "About consumer protection".
3. The consumer in case of acquisition of unsuitable or dangerous foodstuff addresses in oral or written form at its choice the subject of managing in the place of acquisition of such product with the requirement about:
replacement of such foodstuff by suitable safe similar product; or
return of the paid means for such product.
4. The requirement about replacement of unsuitable or dangerous foodstuff or return of the paid means for the corresponding product can be shown by the consumer in the following terms:
concerning foodstuff which storage requires temperature condition to + 6 °C, - within one days from the moment of its acquisition;
concerning foodstuff, the consumption deadline ("use dates to") or the minimum expiration date of which does not exceed 14 days, except the foodstuff determined by the paragraph the second this Item - no later than three calendar days from the moment of its acquisition, but anyway before the termination of deadline of consumption ("use dates to") or the minimum expiration date;
concerning foodstuff, the consumption deadline ("use dates to") or the minimum expiration date of which exceeds 14 days, except the foodstuff determined by the paragraph the second this Item - no later than 14 days from the moment of its acquisition.
In case of acquisition of unsuitable or dangerous foodstuff out of trade or office room or remotely realization by the consumer of the right of replacement of unsuitable or dangerous foodstuff or return of the paid means is performed in the terms determined by this Item which current begins with the moment of the actual receipt of such product by it.
5. The consumer in case of the address with the requirement about replacement of unsuitable or dangerous foodstuff or return of the paid means for the corresponding product shows 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" and provides unsuitable or dangerous foodstuff.
The procedure for return of the unsuitable or dangerous foodstuff acquired by the consumer out of trade or office room or remotely is determined by the subject of managing.
6. If as a result of replacement foodstuff was unsuitable or dangerous, the consumer has the right to address repeatedly the subject of managing.
7. Return of means for unsuitable or dangerous foodstuff is performed by the subject of managing in day of the address with the requirement about return of the paid means for the corresponding product, in case of impossibility to return means in day of the address with the requirement about return of the paid means for the corresponding product - to other time by agreement of the parties, but no later than seven days from the date of the address with the requirement.
The subject of managing shall return the amount paid by the consumer for unsuitable or dangerous foodstuff, the method corresponding to payment method the consumer of such product except case if the consumer agreed to other method of return of means.
8. The subject of managing meets consumer requirement about replacement of unsuitable or dangerous foodstuff or return of the means paid by the consumer on condition of observance by the consumer of the requirements determined by items 4 and 5 presents About and also provided that unfitness or danger of foodstuff is not caused by abuse of regulations of its storage or came owing to other actions or failure to act of the consumer.
If because of the subject of managing and the consumer's carelessness the last acquires foodstuff, the term of consumption or expiration date of which at the time of acquisition expired, the subject of managing shall at the customer's request under any conditions return the means paid for such product.
9. If the consumer requirement is not met by the subject of managing or the consumer does not agree with refusal of the subject of managing in satisfaction of its requirement, the consumer can address to the competent authorities determined in part eight of article 39 of the Law of Ukraine "About consumer protection".
10. In case of refusal the subject of managing in satisfaction of consumer requirements the subject of managing bears responsibility according to the Law of Ukraine "About consumer protection".
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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