of December 9, 2004 No. 72
About consumer protection
This Law governs the relations arising between consumers and manufacturers, contractors, sellers 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 and health, receipt of information on goods (works, services) and about their manufacturers (contractors, sellers), provides the state and public protection of consumer interests, and also determines the mechanism of realization of these rights.
The basic concepts used in this Law:
- the consumer - the physical person or legal entity having the 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;
- uncertain circle of consumers - wide range of physical persons and legal entities which identity cannot be determined and to attract in process as claimants, and also to resolve issue of their rights and obligations by hearing of cases;
- 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 pattern of ownership, and also the individual entrepreneur, the performing works or the rendering services to consumers under the paid and non-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;
- the sales receipt - the coupon from cash desk with designation of details of the seller (manufacturer), the amount relating to goods, its production, storage, purchase and sale;
- the cash register receipt - printed by means of control - cash register the coupon with indication of the received amount, sale dates, names of the organization (individual entrepreneur) making goods for realization;
- the standard - state standard, sanitary and construction standards and rules and other regulating documents which according to the law establish mandatory requirements to goods quality (works, services);
- goods quality (works, services) - set of the corresponding characteristics of goods (work, service) relating to its capability to satisfy the established and (or) estimated requirements of the consumer (safety, functional suitability, operational characteristics, reliability, economic, information esthetic requirements, etc.);
- warranty period - calendar term (in months) or practices (in hours, cycles of operations, run kilometers, etc.) during which the goods (result of work, service) shall conform to all requirements to its quality determined according to the procedure, established by the legislation;
- expiration date - the period after which the goods (result of work) are considered unsuitable for proper use;
- service life - the period during which the manufacturer (contractor) shall provide to the consumer possibility of use of goods (result of work) to destination and guarantees safety of goods (result of work) for life, health of consumers, and also the environment;
- storage duration - the period during which the goods (results of work or service), in case of observance of the established storage conditions, keep all the properties specified in the regulating document establishing quality requirements of goods (work, service), or in the agreement;
- lack of goods (work, service) or goods of inadequate quality - discrepancy of goods (work, service) to the standard, terms of the contract or usually qualifying standards to goods quality (works, services);
- the essential lack of goods (work, service) - shortcoming which makes impossible or inadmissible use of goods (work, service) according to its purpose either cannot be eliminated or is shown after elimination again, or for elimination of which big costs or owing to which the consumer substantially loses what he had the right to expect in case of the conclusion of the agreement are required;
- safety of goods (work, service) - safety of goods (work, service) for life, health, property of the consumer and the environment in case of its use, storage, transportation and utilization, and also safety of process of performance of work (rendering service).
The legislation of the Republic of Tajikistan in the field of consumer protection is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by the Republic of Tajikistan.
The consumer has the right on:
- education in the field of consumer protection;
- information on goods (works, services), and also on their manufacturers (contractors, sellers);
- information access in the field of consumer protection;
- receipt of the sales receipt, cash register receipt or other document confirming payment of goods (works, services);
- safety of goods (works, services);
- free choice of goods (works, services);
- proper goods quality (works, services);
- replacement or return of goods of inadequate quality;
- remedial action and shortages of goods (works, services);
- compensation in full losses (harm) caused owing to goods shortcomings (work, service);
- appeal to the court or other state bodies for protection of the rights and interests;
- creation of public associations of consumers.
- submission of offers to the producer (seller), on goods quality improvement (works, services).
The consumer's right to education in the field of consumer protection is provided by means of inclusion of questions on bases of consumer knowledge in programs of the general basic, general average, initial professional, average professional and highest professional educational institution, and also by means of the organization of system of informing the consumer on its rights and necessary actions for protection of these rights.
In subjects subjects about bases of consumer's laws by authorized state body in the field of education are determined.
The consumer has the right to the free choice of goods (work, service) proper quality in time, convenient for it, taking into account operating mode of the seller (the manufacturer, the contractor).
The seller (the manufacturer, the contractor) shall render assistance to the consumer in the free choice of goods (work, service).
Privileges and benefits in trade, household and other types of consumer service according to the procedure, established by the legislation of the Republic of Tajikistan can be provided to separate categories of consumers.
Establishment of any other benefits, direct or indirect restrictions in case of the choice of goods (work, service) is not allowed, except for benefits or restrictions, stipulated by the legislation the Republic of Tajikistan.
The seller (the manufacturer, the contractor) shall report to the consumer goods (to perform work, to render service), which quality and quantity correspond to the agreement.
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