LAW OF TURKMENISTAN

of November 8, 2014 No. 140-V

About consumer protection

This Law establishes organization-legal, social and economic basis of state policy in the field of consumer protection.

Chapter I. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) goods (work, service) with essential shortcoming – goods (work, service):

a) which shortcoming makes impossible or inadmissible its use according to purpose;

b) which shortcoming is shown after its elimination again or on its elimination over twenty calendar days are required or it cannot be eliminated at all;

c) which repeatedly was under repair in total more than thirty calendar days within every year of warranty period;

2) goods (work, service) of proper quality – the goods (work, service) conforming to requirements of regulating documents or terms of the contract for the properties and characteristics;

3) goods (work, service) – product (result) of activities of the manufacturer (contractor), held for sale to the consumer;

4) safety of goods (work, service) – set of properties and characteristics of goods (work, service) in case of which there is no risk connected with possibility of damnification (damage) of life, to health, heredity of the consumer, its property or the environment in case of usual conditions of use, storage, transportation, utilization, destruction of goods (works, services);

5) goods quality (works, services) – set of the properties and characteristics of goods (work, service) relating to its capability to satisfy needs of the consumer and conforming to the requirements established by regulating documents;

6) remote method of sale of goods – method of sale of goods under the agreement signed based on acquaintance of the consumer with the description of goods offered by the seller by means of catalogs, prospectuses, booklets, pictures, means of communication or the different ways excluding possibility of direct acquaintance of the consumer with goods or its sample with condition of its delivery to the consumer;

7) service life – period of time during which the manufacturer (contractor) guarantees safety of goods (work) an also bears responsibility for the essential shortcomings which arose through his fault;

8) warranty period – period of time during which the manufacturer, the seller (contractor) undertake obligations on non-paid satisfaction of consumer requirement concerning goods (work, service) with shortcoming;

9) goods (work, service) with shortcoming – the goods (work, service) which are not conforming to requirements of regulating documents or terms of the contract or the purposes for which the goods (work, service) such are usually used;

10) the manufacturer – the individual entrepreneur, the legal entity (its separate division) making or performing production of manufactured goods, held for sale to the consumer;

11) the consumer – the physical person having the intention to purchase (to order) buying (ordering) goods (work, service) or using the purchased goods (work, service) for satisfaction of the personal (household) needs which are not connected with generation of profit;

12) the seller – the individual entrepreneur, the legal entity (its separate division), and also the physical person performing sales of goods to the consumer under the agreement of retail purchase and sale of goods;

13) the agreement – the verbal or written agreement between the consumer and the seller, the contractor about goods quality (works, services), its price, terms and about other conditions according to which retail purchase and sale of goods, performance of work or rendering service is performed;

14) the authorized person – the individual entrepreneur or the legal entity (its separate division) who the manufacturer are given authority on acceptance and satisfaction of the claim of the consumer concerning goods, including goods with shortcoming or goods with essential shortcoming;

15) expiration date – the period of time established by the manufacturer (contractor) or determined by terms of the contract during which the manufacturer (contractor) in case of observance of the corresponding storage conditions, transportation or use (consumption) of goods, guarantees its safety and quality according to requirements of regulating documents or terms of the contract;

16) the contractor – the individual entrepreneur, the legal entity (its separate division) performing work for the consumer or rendering him service in agreements on performance of work about rendering service.

Article 2. Legislation of Turkmenistan on consumer protection

1. The legislation of Turkmenistan on consumer protection is based on the Constitution of Turkmenistan, the Civil code of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan.

2. If the international treaty of Turkmenistan establishes other rules than containing in this Law, then rules of the international treaty are applied.

Article 3. Coverage of this Law

1. This Law governs the relations following from the agreement of retail purchase and sale of goods, the agreement on performance of work of which creation (production) of goods, service provision agreements of which change of properties and characteristics of goods (thing), and other agreements directed to satisfaction of personal (household) needs and not connected with generation of profit is result is result.

2. Operation of this Law does not extend to the relations following from the agreements on performance of work, on rendering service based on employment relationships.

Article 4. State policy in the field of consumer protection

State policy in the field of consumer protection is directed on:

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