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LAW OF UKRAINE

of May 12, 1991 No. 1023-XII

About consumer protection

(as amended on 20-09-2019)

This Law governs the relations between consumers of goods, works and services and producers and sellers of goods, contractors and okazyvatel of services of different patterns of ownership, establishes the rights of consumers, and also determines the mechanism 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

In this Law terms are used in such value:

1) safety of products - lack of any risk for life, health, property of the consumer and the surrounding environment in case of usual conditions of use, storage, transportation, production and utilization of products;

2) input of products in the address - the actions of the subject of housekeeping directed to production or import to customs area of Ukraine of products with further independent or mediate realization in the territory of Ukraine;

3) the contractor - the subject of housekeeping performing works or rendering services;

4) the producer - the subject of housekeeping, which: makes goods or declares itself as about the producer of goods or about production of such goods by request, placing on goods and/or on packaging or accompanying documents that together with goods are transferred to the consumer, the name (name), trademark or other element identifying such subject of housekeeping; or imports goods;

5) warranty period - the term during which the producer (the seller, the contractor or any third party) undertakes obligations about implementation of free repair or replacement of the corresponding products in connection with its input in the address;

6) office room - any room (the building and so forth) in which there is subject of housekeeping either its branch, or its structural division, or representation;

7) the agreement - the oral or written transaction between the consumer and the seller (contractor) about quality, terms, the price and other conditions under which products are sold. Confirmation of making of the oral transaction is drawn up by the receipt, the sales or cash register receipt, the ticket, the coupon or other documents (further - the settlement document);

8) the agreement signed at distance - the agreement signed by the seller (contractor) with the consumer by remote communication;

9) the agreement signed out of trade or office rooms, the agreement signed with the consumer personally in the place, other what trade or office rooms of the seller;

10) the electronic message - information provided to the consumer through telecommunication networks which can be in any manner reproduced or kept by the consumer in electronic form;

11) means of remote communication - telecommunication networks, mail service, television, information networks, in particular the Internet which can be used for the conclusion of agreements at distance;

12) essential shortcoming - the shortcoming which excludes opportunity or does not allow use of goods according to its purpose, arose because of the producer (the seller, the contractor), after its elimination is shown for the reasons, independent of the consumer, again and at the same time is allocated at least one of the following signs:

a) it cannot be eliminated at all;

b) its elimination requires more than fourteen calendar days;

c) it does goods significantly to others, than it is provided by the agreement;

13) proper goods quality, works or services - property of products which meets the requirements established for this category of products in regulatory legal acts and regulating documents and terms of the contract with the consumer;

14) dishonest entrepreneurial practice - any business activity or divergence which contradicts rules to trade and other fair customs and influences or can affect economic consumer behavior concerning products;

15) shortcoming - any discrepancy of products to requirements of regulatory legal acts and regulating documents, to conditions of agreements or requirements which are imposed to it, and also information on products provided by the producer (the contractor, the seller);

16) the regulating document - this term is applied in the value determined by the Law of Ukraine "About standardization";

17) service - activities of the contractor for provision (transfer) to the consumer of the material or non-material benefit defined by the agreement that is performed by the individual order of the consumer for satisfaction of its personal needs;

18) the seller - the subject of housekeeping who according to the agreement implements to the consumer goods or offers them to realization;

19) products - any product (goods), work or service that are made, carried out or provided for satisfaction of public requirements;

20) realization - activities of subjects of housekeeping for sales of goods (works, services);

21) 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;

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

23) it is excluded;

24) suitability term - the term determined by regulatory legal acts, regulating documents, terms of the contract during which in case of observance of the corresponding storage conditions and/or operation or consumption of products its qualitative indexes and indicators of safety shall meet the requirements of regulatory legal acts, regulating documents and terms of the contract;

25) 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;

25-1) technically difficult household goods - nonfoods of broad consumption (devices, machines, the equipment and others) which consist of nodes, blocks, components, meet the requirements of regulating documents, have technical characteristics, are followed by operational documents and on which the warranty period is established;

26) the trade room - the property complex which occupies separate construction (office room) or is placed in the construction which is specially intended and equipped for trade where the subject of housekeeping performs goods sales activity;

27) counterfeited products - products made with violation of technology or unauthorized use of sign for goods and services or copying of form, packaging, external design, and also illegal reproduction of goods of other person.

The terms "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.

The term "medicines" is used in this Law in the value given in the Law of Ukraine "About medicines".

The term of "product of medical appointment" is used in this Law in the value given in the Law of Ukraine "About application of registrars of settlement transactions in the field of trade, public catering and services".

Article 1-1. Coverage of this Law

1. This Law governs the relations between consumers of goods (except foodstuff if other is directly not established by this Law), works and services and producers and sellers of goods, contractors and services

Article 2. Consumer protection law

1. The consumer protection law consists of this Law, the Civil code of Ukraine, the Economic code of Ukraine and other regulatory legal acts which contain regulations on consumer protection.

2. Features of consumer protection of financial services are determined by the relevant laws.

Article 3. International agreements

1. If the international treaty which consent to be bound is provided by the Verkhovna Rada of Ukraine establishes other rules, than stipulated by the legislation Ukraine about consumer protection, rules of the international treaty are applied.

Section II. Rights of consumers and their protection

Article 4. Rights and obligations of consumers

1. Consumers during the conclusion, changes, execution and the terminations of agreements concerning obtaining (acquisition, the order, etc.) products, and also when using products which are sold in the territory of Ukraine for satisfaction of the personal needs have the right on:

1) protection of the rights by the state;

2) proper product quality and servicing;

3) safety of products;

4) necessary, available, reliable and timely information in state language about products, its quantity, quality, assortment, her producer (the contractor, the seller) according to the Law of Ukraine "About ensuring functioning of Ukrainian as state";

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