What basic rights of consumers?
B 1985 the resolution of the United Nations General Assembly " was adopted; The Guidelines for protection of interests of consumers “ which defined the fundamental rights of consumers. Practically all these rights found reflection in the Russian legislation on consumer protection. Let`s consider some of them in more detail.
The civil code of the Russian Federation consolidates the principle of freedom of the contract . It means that the parties are free in definition of conditions of the signed contract which are formulated at their discretion and may contain derogations from the rules established by the legislation.
This principle is also realized in the Act of the Russian Federation “ About consumer protection “ who establishes that the seller (performer) is obliged to report to the consumer goods (work, service) which quality corresponds to the contract. Thus, if the parties agreed about quality of goods, then violation of these arrangements will be considered as breach of contract.
If the parties specially did not stipulate a condition about quality, then the goods (work, service) which quality conforms to usually qualifying standards to such goods have to be transferred to the consumer. At the same time the transferred goods have to be suitable for use to destination. If the consumer at the conclusion of the contract informed the seller (performer) of specific goals of purchase of goods (service), then the impossibility of use of goods (service, work) for the purposes necessary for the consumer will be considered as a lack of goods.
However freedom of the contract does not mean that quality of goods will depend only on desire of the parties. Obligatory requirements to quality of some goods can be established in standards. Therefore the law specially fixes the rule owing to which if subject of the contract are the goods (work, service) which quality has to conform to obligatory requirements of standards, then the goods (service, work) transferred to the consumer has to conform to these requirements.
Application in everyday life of various mechanisms which can leave from - under control of the person does not allow to exclude infliction of harm completely. To reduce to a minimum possibility of harm at realization of goods (works, services), in the Law “ About consumer protection “ also such much attention of realization of the right of consumers for safety is paid.
The right of consumers for safety means that the goods (work, service) under usual conditions of its use, storage, transportation and utilization have to be safe for life, health of the consumer, environment and not to do harm to property of the consumer.
The state establishes obligatory requirements to which there have to correspond the goods (works, services) realized to consumers. These requirements contain in standards and are subject to obligatory observance.
An additional obstacle of receipt in sale of unsafe goods is the state system of certification. Certification is a process of confirmation by authorized government body of compliance of quality of goods to obligatory requirements of standards. The goods which are subject to certification cannot be realized without certificate. Responsibility for existence of the certificate is born by the seller.
One more guarantee of safety for life, health and property of the consumer of the goods (works, services) used by it is also the manufacturer`s duty provided by the law to develop and specify in necessary cases - in accompanying documentation on goods, on a label, marking or otherwise - special rules of use of goods, its storage, transportation and utilization. The seller is obliged to bring these rules to the attention of the consumer.
Except the above-mentioned, the law established a duty of the manufacturer (performer) to suspend production of goods (works, services) if it is established that at observance by consumers of service regulations and storages these goods do or can do them harm. If it is not possible to establish the reasons of harm or it is impossible to remove these causes, the manufacturer is obliged to lay off goods. At the same time the manufacturer and the seller of goods are obliged to take measures to a response of the dangerous goods which are already acquired by consumers. The response of goods from consumers is carried out at the expense of manufacturers. It means that the losses caused by a goods response, the manufacturer has to compensate both to consumers, and sellers in full.
The right of consumers for compensation of damage is connected with the right of consumers for safety of goods (works, services) by . This right is also affirmed in the law.
Responsibility of the manufacturer (performer) for the made goods (work, service) is limited to service life or an expiration date of goods (work, service) and if these terms are not established, then the manufacturer (performer) are obliged to ensure safety of goods (services) within ten years after the date of transmission to the consumer. If in defiance of requirements of the legislation the manufacturer (performer) did not establish service life on goods on which establishment of such term is obligatory, he will bear damage liability, caused to life, health or property of consumers during the whole time of service of goods, irrespective of time of causing such damage.
In practice quite often there are situations when the goods (work or service) do harm to persons who are not connected with the producer of these goods in any way. For example, at ignition of the TV often the damage is caused not only to property of the owner of the TV, but also property of other faces, for example, of neighbors. This situation is provided by the law owing to which the right demand indemnification can any victim irrespective of whether it consisted in the contractual relations with the causer of harm.
According to requirements of the Act of the Russian Federation “ About consumer protection “ the harm done to life, health or property of consumers is compensated in full. At infliction of harm to compensation the lost earnings or its part which amount pays off by the rules established to the Civil Code of the Russian Federation are subject to health of the consumer; expenses on treatment, additional food, sanatorno - resort treatment, prosthetics, and also other expenses caused by damage of health.
If the property of the consumer is damaged or destroyed, then this damaged property has to be restored.
If cannot restore it, the thing of the same sort and quality, as damaged has to be provided to the consumer.
In a case when it cannot be made, to the consumer damages have to be paid.
is understood As losses the cost of the lost property, expenses which made or the consumer in connection with loss of property (real damage), and also the uncollected income which was gained by the injured consumer will have to make if his right for safety of goods (work) would not be violated (the missed benefit).