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About protecting consumer rights

LAW OF TURKMENISTAN On
Protection of Consumer Rights

This Law defines the organizational-legal, socio-economic basis of the state policy in the field of consumer rights protection.

CHAPTER I. GENERAL PROVISIONS

Article 1. Basic concepts used in this Act

The following key concepts are used in this Act:

1) goods (work, service) with substantial defects are defective goods, which:

a) goods (work, service) that make the product unusable or prevent it from being used for its intended purpose;

(b) reoccurs after being corrected or requires more than twenty calendar days to correct, or cannot be corrected at all;

c) has been under repair for more than thirty calendar days during the entire warranty period and each year;

2) good quality goods (work, service) - goods (work, service) that meet the requirements of regulatory documents or the terms of the contract in terms of their characteristics and properties;

3) goods (work, service) - the product (result) intended for sale to the consumer by the producer (executor);

4) safety of the product (work, service) depends on the possibility of damage (damage) to the consumer's life, health, offspring, property, environment under normal conditions of use, storage, disposal, disposal, destruction of the product (work, service) the totality of features and characteristics of a risk-free product (business, service);

5) the quality of the product (business, service) - the sum of its features and characteristics related to the ability of the product (business, service) to satisfy the needs of the consumer and its compliance with the requirements specified in the regulatory documents;

6) the method of selling goods at a distance (distance) - the characteristics of the goods offered by the seller to the consumer through catalogs, brochures, brochures, photographs, communication media or other methods that do not allow the consumer to get to know the goods or its sample directly. the method of its sale with the condition of delivery to the consumer under the contract concluded on the basis of its introduction;

7) service period - the period during which the manufacturer (executor) guarantees the safety of the product (work) for a certain period of time, as well as is responsible for major defects caused by his own fault;

8) warranty period i - the period during which the manufacturer, seller (executor) undertakes obligations to satisfy the consumer's claims regarding the defect of the product (work, service) within a certain period of time without payment;

9) defective goods (work, service) - goods (work, service) that do not meet the requirements of regulatory documents or the terms of the contract, or the purposes of such goods (work, service);

10) producer - a private entrepreneur, legal entity (its separate constituent unit) that prepares or produces industrial goods intended for sale to the consumer;

11) consumer - a natural person who is going to buy (order) a product (business, service) to satisfy personal (life) needs that are not related to earning income, buys (orders) or uses the purchased product (business, service);

12) seller - a private entrepreneur, a legal entity (its separate entity), as well as a natural person, who sells goods to a consumer under a partial purchase-sale agreement;

13) contract - a verbal agreement between the consumer and the seller, the executor, about the quality of the purchase (work, service), its price, terms and other conditions during the partial purchase and sale of goods, performance of work or service. written agreement;

14) authorized person - a private entrepreneur or legal entity authorized by the manufacturer to accept and satisfy consumer complaints regarding goods, including goods with defects or goods with significant defects (its separate constituent unit) ;

15) shelf life - when the conditions of storage, transportation or use (consumption) of the product specified by the manufacturer (executor) or determined by the terms of the contract are observed, according to the requirements of the regulatory documents of the manufacturer (executor) or the terms of the contract according to the period of guaranteeing its safety and quality;

16) executor - a private entrepreneur, legal entity (its separate constituent unit) that performs work for the consumer or provides services to the consumer under contracts for performance of work, provision of services.

Article 2. Law of Turkmenistan on protection of consumers' rights

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

2. If the international agreement of Turkmenistan stipulates rules other than those established by this Law, then the rules of the international agreement shall be applied.

Article 3. The operation of this Act

1. This Law applies to the contract of partial purchase and sale of goods, the contract for the performance of work, the result of which is the creation (production) of the purchase, the contract for the performance of the service, the result of which is the change of the characteristics and characteristics of the product (thing), and the satisfaction of personal (life) needs. governs relationships arising from other non-commercial contracts.

2. The act of this Law does not apply to relations arising from contracts for performance of work and services based on labor relations.

Article 4. State policy on consumer protection

The state policy on the protection of consumer rights is aimed at: 1) protection of consumer rights and legal interests;
2) improvement of the legal framework related to the protection of consumer rights;
3) providing consumers with good quality goods (works, services).

Article 5. Consumer associations

1. In order to protect their rights, consumers have the right to create public associations of consumers on a voluntary basis in accordance with the procedure established by the legislation of Turkmenistan.

2. Public associations of consumers carry out their work on the protection of consumer rights in accordance with their charters and the legislation of Turkmenistan.

Article 6. Warranty obligations

1. The manufacturer (executor) is obliged to specify the warranty period in the purchase (work, service), except for the goods (works) specified in part 6 of Article 15 of this Law.

2. If the manufacturer (executor) has not specified the warranty period for the product (work, service), the seller has the right to specify it.

If the warranty period is specified by the manufacturer in the purchase, the seller has the right to specify a warranty period longer than the warranty period specified by the manufacturer in the purchase.

The seller does not have the right to shorten the warranty period specified by the manufacturer in the purchase, as well as to enter information in the warranty card that contradicts the requirements of the legislation of Turkmenistan in the field of consumer rights protection.

3. The warranty period of the purchase (work, service), as well as its service life, unless otherwise stipulated in the contract, starts from the day of sale of the goods (work) to the consumer. If it is not possible to determine the day of sale of goods (work, service), these terms are calculated from the day of production of the goods (performance of work, service).

The service life of the purchase (work) is determined by the manufacturer (executor) based on the functional role of the purchase (work) and is calculated in time units (years, months, days, hours) and other measurement units (kilometers, meters).

4. When determining the duration of the warranty period for the product (work), referring to which event of the manufacturer's (executor's) warranty period occurred earlier - the completion of the specific period of time for calculating the use (use) of the product (work) or the completion of other units, time units and other reserves the right to use a combination of measurement units.

5. Warranty periods for seasonal goods (shoes, clothes and other goods): for winter goods - from December 1 of each year, for spring goods - from March 1 of each year, for summer goods - from April 15 of each year, for autumn goods for goods shall be calculated from October 15 of each year.

6. If the warranty period is not set for the product (work, service), the consumer can make claims related to the defect or major defect of the product (work, service), then the defect in the sold product (work, service) if the contract has a longer term if it is not specified, it is a condition that it should be discovered within two years after the day of sale of the specified product (work, service) to the consumer.

7. If the warranty period of the purchase (work, service) provided for in the contract is less than two years, and the defect of the purchase is discovered by the consumer after the end of this warranty period, but not later than two years from the date of sale of the purchase (work, service), the consumer the seller (executor) has the right to submit the requirements provided for in the first part of Article 22 of this Law. If the seller (executor) proves that the defect detected in the goods (work) was caused by the fault of the consumer, the seller (executor) has the right to refuse his stated claim.

8. After the warranty period of the product (work, service) has expired, the defect in the product (work) is repaired by the seller on a paid basis. If the detected defect in the goods (work) is a serious defect, the consumer shall be entitled to free repair of the serious defect in the goods (work) - only during the service period, if no service period is specified, within ten years from the moment of delivery of the purchase (work performed) to the consumer. is entitled to demand. If the seller proves that the defect detected in the goods (work) was caused by the fault of the consumer, the specified defect is corrected by the seller (executor) on a paid basis by an authorized person.

9. Warranty periods can be specified for structural products and components of the main product (work), these warranty periods are calculated in the order of appointment of the main product (work).

Warranty periods for structural products and components of the main product (work) are considered equal to the warranty period for the main product, unless otherwise stipulated in the contract. If the contract stipulates a warranty period shorter than the warranty period of the main product (work) for the repair products, unless otherwise stipulated in the contract, the consumer has the right to make a claim for the defect discovered during the warranty period for the main product (work).

If the contract specifies a warranty period for repair products that is longer than the warranty period of the main product, despite the end of the warranty period for the consumer product (work), if the defect in the repair product is detected during the warranty period specified for this product, the defect in the product (work) was detected. has the right to make a claim for the correction of the defect.

10. In cases where the purchase (work) is sold by samples, by mail, as well as when the contract is concluded and the time when the purchase (work) is delivered to the consumer does not match, the warranty period or service life of the purchase (work) starts from the day the purchase (work) is delivered to the consumer. , if the goods (work) require special installation (assembly) or configuration - it starts counting from the day of installation (assembly) or configuration. If the consumer is deprived of the opportunity to use the product (work) due to circumstances that depend on the seller (executor), the warranty period or service life of the product (work) is not calculated until such circumstances are removed by the seller (executor).

If it is not possible to determine the day when the purchase (work) was delivered, installed (attached) or completed, the specified periods start from the day of conclusion of the contract.

11. The terms specified in this article are brought to the attention of the consumer through the information provided to the consumer about the goods (work) in accordance with Article 14 of this Law.

CHAPTER II. STATE OVERSIGHT ON CONSUMER PROTECTION

Article 7. Institutions that carry out state control in the field of consumer rights protection

The Cabinet of Ministers of Turkmenistan, the Ministry of Trade and Foreign Economic Relations of Turkmenistan (hereinafter - the authorized body), other state bodies protecting consumer rights (hereinafter - other state bodies), local executive power and local self-government bodies are responsible for the protection of consumer rights. there are institutions that carry out state control.

Article 8. Authority of the Cabinet of Ministers of Turkmenistan

The Cabinet of Ministers of Turkmenistan:
1) defines a single state policy in the field of consumer rights protection;
2) issues regulatory laws on the protection of consumer rights;
3) coordinates the work of state authorities and administrative bodies, local self-government bodies in the field of consumer rights protection;
4) Performs other duties related to his authority under the legislation of Turkmenistan.

Article 9. Authorization of the competent authority

The competent authority:
1) implements a single state policy in the field of consumer rights protection;
2) adopt regulatory acts in the field of consumer rights protection;
3) handles consumer complaints and complaints;
4) monitors compliance with the requirements of the legislation of Turkmenistan on the protection of consumer rights;
5) cooperates with other state bodies, executive local authorities and local self-government bodies, public associations of consumers in the field of consumer rights protection;
6) protects consumer rights in court;
7) informs citizens about issues of consumer rights protection;
8) Performs other duties related to his authority under the legislation of Turkmenistan.

Article 10. Authority of other government agencies

Other state institutions:
1) are involved in the implementation of a single state policy in the field of consumer rights protection;
2) monitors compliance with the requirements of the legislation of Turkmenistan on the protection of consumer rights;
3) handles consumer complaints and complaints;
4) Performs other duties related to his authority under the legislation of Turkmenistan.

Article 11. Executive powers of local authorities and local self-government bodies

Executive local authorities and local self-government bodies:
1) participate in the implementation of a unified state policy in the field of consumer rights protection;
2) handles consumer complaints and complaints;
3) notifies the authorized agency and other government agencies about the detection of cases of sale of goods (work, service) that may cause harm (damage) to the consumer's life, health, offspring, property, or environment;
4) Performs other duties related to his authority under the legislation of Turkmenistan.

Article 12. Obligation to provide the necessary information to the authorities that carry out state control in the field of consumer rights protection

The seller, manufacturer, executive, authorized private individual shall be obliged to provide reliable information, documents, written or oral explanations and other information necessary for the exercise of their powers established by the legislation of Turkmenistan at the request of the institutions exercising state control in the field of protection of the rights of consumers. .

CHAPTER III. CONSUMER RIGHTS

Article 13. The consumer's right to freely choose a product (business, service).

1. The consumer has the right to freely choose a product (business, service).

2. The seller (executive) is obliged to ensure that the consumer can freely choose a good quality product (work, service) at a convenient time.

3. Terms of the contract limiting the rights of the consumer in relation to the rights stipulated in this Law and other normative legal acts of Turkmenistan on the protection of consumer rights are considered invalid.

4. It is not allowed to condition the purchase of one product (work, service) with the mandatory purchase of another product (work, service).

5. Unless otherwise stipulated in the terms of the contract, without the consent of the consumer, the seller, the executor has no right to the following:
1) to perform additional works (services) for a fee. To refuse to pay for the work (services) provided by the consumer, if they have been paid - to demand from the seller, the executor the return of the additional amount paid for the work (service);
2) to demand full or partial payment in advance for the product (work, service) the consumer intends to purchase.

6. Except for the cases provided by the legislation of Turkmenistan, it is not allowed to set any advantages, direct or indirect restrictions during the selection of goods (work, service).

7. Individual groups of consumers may be granted benefits and advantages in trade, social services and other types of consumer services in accordance with the procedure established by the legislation of Turkmenistan.

Article 14. The right to receive complete and reliable information about the seller, producer (executor), goods (work, service).

1. The consumer has the right to receive complete and reliable information about the seller, producer (executor), goods (work, service). The specified information is provided to consumers in a clear and accessible manner when concluding a retail purchase-sale agreement, contract for performance of work, and services.

2. Information about the seller (executive) should contain the following:
1) full name of the seller (executive);
2) business practice of the seller (executor), excluding the natural person specified in Clause 12 of Article 1 of this Law;
3) registered by the state as a legal entity or a private entrepreneur without creating a legal entity (if the type of business is authorized), information about having a license.

The full name of the seller (executor) and their business method are placed in the signature.

3. If trade, social services and other types of services to consumers are carried out in a place other than the place of permanent residence of the seller (executor), the information provided for in the second part of this article shall be provided to consumers in temporary houses, fairs, mobile shops. should also be provided when other types of services are performed.

4. The seller (executive) is obliged to provide the consumer with the necessary and reliable information about the following in a timely manner:
1) about the rules of sale of goods (work, service);
2) if it may be important depending on the nature of the work (service), about the specific person who will perform the work or provide the service;
3) about goods (works, services), which provides an opportunity to choose them correctly;
4) about the conditions of sale of goods (work, service).

5. Information about the product (work, service) should contain the following: 1) the name of the product (work, service) and information about its main consumer characteristics and characteristics;
2) full name of the manufacturer (executor), authorized person, their location (legal address);
3) the name of the country of manufacture of the product, the definition of the regulatory document based on the production of the product (work, service), registered (patented) product number or service number;
4) information about the main consumer characteristics and properties of goods (business, service), in the case of food - information about the presence of nutritional supplements, biologically active supplements, information about the absence of genetically modified organisms (microorganisms) in food - products produced in Turkmenistan for nutritional value, purpose, use and storage conditions of food products, methods of preparation of ready-made meals, information about the weight (weight) of the food product, the date and place of production and packaging (packaged), as well as the way to use it in different types of diseases Information about missing instructions.The list of food products, which must contain information on the instructions that are not allowed to be used in certain types of diseases, is approved by the authorized body in the health care system of Turkmenistan;
5) price information;
6) indication of warranty period, if applicable;
7) information about the purpose of the purchase (work, service) and the conditions for its effective and safe use;
8) Information about the production date, service life or expiration date of the product (work) specified in accordance with the regulatory laws of Turkmenistan, as well as information about the consumer's life, health, offspring, and property if the product (work, service) expires after the specified period. or if it can cause damage to the environment or is unfit for its intended use, information on the necessary measures to be taken by the consumer after the end of the service life or shelf life and the consequences that may arise if such measures are not taken;
9) information on the nutritional value of non-food products specified in the regulatory documents regarding the availability of information on the nutritional value;
10) information on certification of goods (work, service);
11) information on the weight (line weight, net weight), volume, quantity and (or) totality of the purchase (work);
12) Other information required to be displayed to the consumer in accordance with the legislation of Turkmenistan.

6. The information provided for in part 5 of this article is provided to consumers through technical documents attached to the goods (work, service) or through other methods accepted for individual types of goods (work, service).

7. If the consumer is sold a used or repaired product (work, service), the consumer must be informed about this. When defective goods (work, service) are sold, information about the existence of the specified defect must be indicated in the document confirming its payment.

8. The information provided for in part 2 of this article is provided to consumers in the state language, while the information provided for in part 5 of this article is provided in the state language and (or) in Russian and (or) in English. , in addition, at the discretion of the seller, manufacturer, supplier - other languages ​​are also displayed.

9. Unsuitable or low-quality material (item) intended for the performance of executive work, services is provided, in case of disagreement with the method proposed by the consumer, the occurrence of a situation that depends on the consumer, the work being performed, is obliged to notify the consumer in a timely and justified manner that it may cause a change in the quality of the service provided, or that it is impossible to complete the work or services in time.

If the consumer does not replace the defective or low-quality material (item) within the period specified in the contract, or does not change the instructions on the method of performing works, services, or other circumstances that lead to a decrease in the quality of the work performed, the service provided, despite the warning of the contractor. if not excluded, the executor has the right to break the contracts on the performance of the work or the service and to demand compensation for the damage (damage).

10. In the event of situations that are dependent on the supplier and do not allow the timely completion of work and services, the supplier is obliged to inform the consumer about these situations in a timely manner.

11. If complete or reliable information about the purchase (work, service) necessary for selection is not provided, the consumer may cancel the contract within seven calendar days or return the amount paid for the product (work, service) in the following cases. has the right to demand compensation for the damage caused to him, that is:
1) if the purchased product (work, service) does not have the features and characteristics necessary for the consumer;
2) in the event that the purchased product (work, service) cannot be used as intended.

12. In case the consumer refuses to perform the contract, he must return it to the seller (performer), if this is possible due to the nature of the purchase (work).

When the seller (executor) returns the amount of money paid for the goods (work) to the consumer, the amount of money in which the value of the purchase (work) has decreased due to the fact that the purchase (work) has been fully or partially used, because of the loss of its commodity form or other similar reasons. has no right to withhold.

13. When considering the consumer's claim for compensation for damages caused by the seller (executor) as a result of the lack of complete and reliable information about the goods (work, service), the consumer lacks special knowledge about the features and characteristics of the product (work, service). should be guided by the idea of

Article 15. The right to security of purchase (work, service).

1. The consumer has the right to be safe while observing the terms of use, storage, and transportation of the purchase (work, service).

2. Requirements for security of purchase (work, service) are mandatory. The purchase (work, service) is not allowed to be sold without information about the mandatory confirmation that it meets the specified requirements.

3. The manufacturer (executor) has the right to determine the service life of goods (work) intended for long-term use. If the goods (work) can cause harm (damage) to the consumer's life, health, generation, his property or the environment over a certain period of time, the manufacturer (executor) shall extend the service life for the goods (work) intended for long-term use. must specify.

Goods intended for long-term use, which may cause harm (damage) to the life, health, generation, property or environment of the consumer over a certain period of time, and the manufacturer (executor) is obliged to determine the service life for them, including the list of their structural products (glasses, parts, accessories) is determined in accordance with the legislation of Turkmenistan.

4. The manufacturer (executor) is obliged to ensure the safety of the product (work) during the specified service period or period of availability.

5. If the manufacturer (executor) has not set a service life for the goods (work), he is obliged to ensure the safety of the goods (work) within ten years after the date of delivery to the consumer.

6. Producer (executive) food goods (work), perfumery-cosmetic goods, medicines, life chemistry goods and over a certain period of time, which may cause harm (damage) to the consumer's life, health, offspring, his property or the environment. is obliged to specify the shelf life of other goods. The list of goods that may cause harm (damage) to the consumer's life, health, offspring, property or the environment over a certain period of time, for which the producer (executor) is obliged to determine the expiration date, is determined in accordance with the legislation of Turkmenistan. The expiration date of the indicated goods is counted from the date of their manufacture.

7. It is not allowed to sell the product (work) whose expiration date (service life) has passed, as well as the expiration date (service life) is mandatory, but the expiration date has not been set. The duration of the product's shelf life (service life) must meet the mandatory requirements for its safety.

8. If it is necessary to observe special rules for the safe use, storage, transportation, disposal or destruction of the product (work), the manufacturer (executor) shall indicate those rules in the shipping document of the product (work) or in another way, the seller (Executive) is obliged to bring these rules to the consumer's attention.

9. If the consumer observes the rules of using the product (work), the conditions of its storage and transportation, it causes or may cause harm (damage) to the consumer's life, health, offspring, his property or the environment. the manufacturer (executor, seller) is obliged to immediately stop the production (production, sale) of the specified product (work) for the period necessary to eliminate the causes of the damage (damage).

If it is not possible to remove the causes of damage (damage) to the consumer's life, health, offspring, his property or the environment, the seller (executor) is obliged to:

1) to remove such product (work) from production (sale);

2) to notify the relevant authorized agency and the consumer through the mass media in a timely manner that it may cause harm to life, health, offspring, property or the environment;

3) to remove the specified product (work) from circulation and to accept it back from consumers. Taking back a product from a consumer is a way for consumers to stop using a defective or seriously defective product, to replace it with a new product of a similar type (model, item) or to receive a refund. is understood as a set of actions aimed at informing the seller about the need to deliver.

10. It is the seller's (producer's, executive's) means to notify the consumer through the mass media about the goods (work, service) that cause or may cause harm (damage) to the consumer's life, health, offspring, property or the environment. is carried out at the expense of

11. In case of non-fulfillment of the obligations stipulated in part 9 of this article by the seller, producer (executor), the production (production) of the product (business) that causes harm (damage) to the consumer's life, health, generation, property or the environment. (from sale), its removal from circulation and withdrawal from consumers is carried out according to the instructions of the relevant authority.

Article 16. The consumer's right to a good quality product (work, service) and to check its quality

1. The consumer has the right to the good quality of the product (work, service) purchased by him that meets the requirements of regulatory documents or the terms of the contract.

2. The seller (executive) is obliged to provide the consumer with the product (work, service) that meets the quality of the information provided about the goods (work, service), the terms of the contract and the requirements of the legislation of Turkmenistan.

3. If this is not contrary to the characteristics of the purchase (work), the consumer has the right to check the quality of the purchase (work), the completeness and quantity of the purchase (work), and to have a demonstration of the functionality, correct and safe use of the purchase (work) in his presence.

4. The seller (executor) is obliged to demonstrate the functionality of the purchase (work), check its integrity, and provide the consumer with the necessary information confirming the quality of the purchase (work).

5. In the absence of conditions regarding the quality of the goods (works) in the contract, the seller (executor) is obliged to provide the consumer with the goods (works) that meet the requirements and are suitable for the purposes of use of such goods (works).

6. If the consumer informed the seller (executor) about the specific purposes of the purchase of the goods (work) during the conclusion of the contract, the seller (executor) is obliged to provide the consumer with the goods (work) suitable for use for the specified purposes.

7. When the goods are sold according to the sample and (or) description, the seller is obliged to provide the consumer with the product corresponding to this sample and (or) description.

Article 17. The right of the consumer to receive a document confirming the purchase of goods (work, service) from the seller (executor)

1. Except for the cases provided by the legislation of Turkmenistan, the consumer has the right to receive a document confirming the purchase of goods (work, service) from the seller (executor). A document confirming the purchase of goods (business, service) is a cashier's check or commodity check, a cash order receipt, a paper tear-off receipt, a payment order, or the name, price, purchase (business, service) of the purchase (business, service). Information about the date of purchase, seller, (executor) is understood in other documents.

2. Except for the cases provided for by the legislation of Turkmenistan, the seller (executor) is obliged to provide the consumer with a document confirming the purchase of the goods (work, service) when the goods (work, service) are sold.

3. The consumer's lack of a document confirming the purchase of a purchase (work, service) does not deprive him of the right to confirm the stated fact based on the testimony of witnesses.

4. The type of payment for the purchase (work, service) is determined by the agreement between the consumer and the seller, the executive, in accordance with the procedure established by the legislation of Turkmenistan.

Article 18. The right of the consumer to receive a product (work, service) in a timely manner

The consumer has the right to receive the goods (work, service) within the terms specified in the contract.

Article 19. Rights of the consumer in case of violation of the term of delivery of the product (work, service) by the contractor (executor)

1. In case of violation of the term of delivery of goods (work, service) by the seller (executor) of the consumer, as well as in the cases provided for in part 10 of Article 14 of this Law, from the contract for partial purchase and sale of goods. has the right to refuse to perform the services, and if the payment for the purchase (work, service) is made in advance, he has the right to demand the return of the amount paid for the purchase (work, service) and the payment of compensation.

2. The seller (executive) is obliged to return the specified amount to the consumer within three calendar days, when the consumer requests the refund of the amount paid by the consumer as the preliminary payment for the purchase (work, service).

3. The seller (executor) is obliged to pay a percentage of the amount of the purchase (work, service) paid from the beginning, starting from the day of completion of the period stipulated in the second part of this article, when the consumer requests the payment of compensation. . In that case, the monetary amount of the refund received by the consumer cannot exceed the monetary amount of the initial payment for the purchase (work, service).

4. The seller (executor) is obliged to pay the compensation voluntarily when the demand for the payment of compensation is made by the consumer.

5. If the seller (executor) proves that the violation of the term of delivery of the purchase (work, service) occurred as a result of unavoidable circumstances or due to the consumer's fault, the consumer's claims specified in the first part of this article shall not be satisfied.

6. When the contract is broken due to failure to deliver the service on time, the executor does not have the right to claim compensation for the expenses incurred for the performance of the work, the service, as well as the payment for the already performed work, the service performed, the consumer who accepted the performed work, This does not apply to the status of using the service.

Article 20. The right of the consumer to exchange the product for a good quality product

1. The consumer has the right to exchange goods of a similar type (model, article) of good quality with a new one without explaining the reason, except for the goods specified in the fifth and sixth parts of this article.

2. The consumer has the right to exchange the following:
1) non-food product of poor quality - within fifteen calendar days, excluding the day of purchase;
2) non-perishable food (not requiring special or special storage conditions) of good quality, in an undamaged consumer container - within thirty-six hours of sale.

3. It is allowed to exchange a good quality product only if the specified product is not in use, its type of product, usage characteristics, seals, company labels, as well as a document confirming the payment of the purchase price have been preserved. The fact that the consumer does not have a document confirming the payment of the purchase price does not deprive him of the opportunity to refer to the testimony of witnesses.

4. If there are no new goods of the same type (model, article) on sale on the day of the consumer's appeal to the seller, the consumer has the right to refuse to fulfill the contract and demand the return of the amount paid for the good quality goods. The consumer's request for a refund of the amount paid for the specified goods is subject to satisfaction within three calendar days after the date of return of said goods.

The replacement of a good quality product may be made upon the agreement of the consumer with the seller when a new product of a similar type (model, item) is released. The seller is obliged to immediately inform the consumer about the sale of a new product of the same type (model, article).

5. The consumer does not have the right to exchange a good quality product made to his own order.

6. The list of non-food goods of good quality, which are not subject to return or exchange in a similar type (model, article) on the basis specified in the first part of this article, is approved by the authorized agency.

Article 21. The right of the consumer to refuse to perform contracts for the partial purchase and sale of goods, the performance of work, and the provision of services.

The consumer has the right to refuse to perform the following without explaining the reason:
1) before the delivery of the goods to the consumer, in the case of partial purchase and sale of the goods, in the event that the purchase price has been paid in advance - unless otherwise stipulated in the contract, subject to the fulfillment of the terms of the contract by the seller. to request a refund of the initial purchase price, minus the actual costs incurred;
2) if the legislation of Turkmenistan does not provide otherwise, from the contracts for the performance of work and services, provided that the executor is reimbursed for the expenses actually incurred by him.

Article 22. Consumer rights in the event of a product (or service) defect

1. During the specified warranty period (in its absence - within two years), if the seller discovers a defect in the goods (work, service) caused by the fault of the manufacturer (executor), the consumer has the right to the following:
1) free removal of the defect in the goods or and in the case of its replacement in the case provided for in the second part of this article;
2) free re-execution of the work, service from the same material of the same quality, or the reworking of the service, or reimbursement of own costs for elimination of the defects of the performed work, the service performed by oneself or with third parties.

2. If, within fifteen calendar days after the purchase of the goods, the consumer discovers its defect, in accordance with paragraph 1 of the first part of Article 23 of this Law, the consumer may demand the replacement of the defective product with a product of a similar type (model, item). has the right.

3. If the consumer proves that the defective goods occurred before or after delivery to the consumer, the seller shall be liable for two years for the goods with an indefinite warranty period.

4. In the case of goods subject to a warranty period, if the seller cannot prove that the defects were caused by the violation of the rules of use, storage or transportation by the consumer after the goods were delivered to the consumer, the actions of third parties or unavoidable circumstances, his defect is responsible for

5. During the product's service life and at the time of its removal from production - the possibility of its repair and technical maintenance, as well as during the product's service life, if the specified period is not specified, repair of the product within ten years from the date of delivery of the product to the consumer and is obliged to ensure the release (delivery) of spare parts to trade and repair organizations for its maintenance.

After the expiration of the purchase (work) warranty period and (or) service period, elimination of the defect in the goods (work) is performed by the seller (executor), an authorized person within the period specified in the twelfth part of this article. In this case, the consumer does not have the right to express the requirements specified in the thirteenth, fourteenth and sixteenth parts of this article.

6. During the warranty period, it is not allowed to condition the satisfaction of the consumer's demand for the elimination of the defect in the goods (work, service) with conditions unrelated to the defect in the goods (work, service).

7. The consumer is obliged to return the defective product at the seller's request and at his expense.

8. The consumer's lack of a document confirming the purchase of a purchase (work, service) cannot be a reason for refusing to fulfill his request.

9. The seller is obliged to accept the defective product from the consumer, to carry out its quality control and, if necessary, to carry out an expert analysis of the product.

10. In order to carry out expert analysis of the purchase, the seller (executor) is obliged to involve representatives of the service organization that carries out maintenance or technical maintenance of the purchase (work, service) or a natural person with the appropriate professional level and work experience within three calendar days. . In that case, the consumer has the right to participate in the expert analysis and, if he does not agree with its result, to appeal the expert analysis result in court.

11. If in the expert analysis it is found that the defect of the product (work, service) was caused by circumstances for which the seller, manufacturer (executor) is not responsible, the consumer shall pay to the seller, contractor, authorized person the costs of the expert analysis, as well as the cost of the specified product (work, service) ) must cover the costs of storage and transportation.

12. The defect of the purchase (work, service) must be eliminated by the authorized person of the seller (executive) within twenty calendar days from the date of the consumer's application.

13. If the seller (executor) or an authorized person violates the deadline for elimination of defects in the goods (work, service) specified in the twelfth part of this article, the right of the consumer to cancel the contract and demand the return of the amount paid for the goods (work, service) there is In this case, the seller (executor) is obliged to return the amount of money paid for the goods (work, service) to the consumer within three working days after the day of the consumer's request to cancel the contract. it is calculated based on the price at the time, and in the case of a decrease in its price, it is based on the price at the time of purchase of the product (work, service). If the consumer's demand is not voluntarily satisfied by the seller (executor), settlements with the consumer are carried out based on the price of the purchase (work, service) at the time of the decision by the court. When the amount of money paid for goods (work, service) is returned to the consumer, the seller (executor) does not have the right to retain the following amount of money:
1) the amount of the decrease in the price of the purchase (work, service) due to full or partial use of the purchase (work, service);
2) due to the loss of the commodity form of the purchase (business, service).

In case of violation of the deadline for returning the amount of money paid for the goods (work, service), the seller, executor, authorized person is obliged to pay compensation in the amount of one percent of the price of the purchase (work, service) for each day of delay.

14. In the case of durable goods, the seller is obliged to provide the goods with the same basic consumer characteristics by ensuring that the goods are delivered to the consumer at his own expense during the repair period.

The list of durable goods that do not apply to the specified requirement is approved by the competent authority.

15. In case of return of defective goods sold on credit, the amount of money paid up to the day of return of the goods sold on credit to the consumer is returned, as well as the payment for the issue of the credit.

16. The seller (executive) may, with the consent of the consumer, reduce the price of the defective product (work, service) to the same extent and return the reduced amount of the product (work, service) to the consumer or replace it with a new product (work, service). must In the event of a demand for an equal reduction in the price of the purchase (work, service), the price of the purchase (work, service) at the time of the demand for price reduction by the consumer, or if it was not satisfied voluntarily - equal to the price of the purchase (work, service) by the court calculated at the time of decision on reduction.

The seller (executor) is obliged to return the indicated amount to the consumer within three working days from the day of return of the purchase (work, service). In case of violation of the deadline for paying the amount of money from the equally reduced price of the purchase (work, service), the seller (executive) is obliged to pay compensation amounting to one percent of the equally reduced price of the purchase (work, service) for each day of the deadline.

17. In the event that the defect of the product (work, service) is eliminated, its warranty period is extended to the period of non-use of the specified product. The specified period is counted from the day when the consumer made a request for the elimination of the defect of the purchase until the day of the return of the purchase (work) after completion of the repair. Then the date when the seller (executor) turned to the authorized individual consumer with a request to eliminate the defect he discovered in the goods (work, service), the date of the purchase (work, service), with the description of the specified defect, in the goods (work, service) are obliged to provide written information about the date of elimination of the defect, used spare parts (parts, materials), and the date of return of the purchase (work, service) to the consumer after elimination of the defect.

18. When the defect of the purchase (work) is eliminated by the replacement of the set product or the component of the main purchase with a new set product or the component of the main purchase within the warranty period, unless otherwise stipulated in the contract, with the replaced set product or A warranty period of fixed duration is also assigned to the main purchase component. In this case, the warranty period starts from the day the product is delivered to the consumer after the repair is completed.

Article 23. Rights of the consumer in the event of a significant defect in the goods (work, service).

1. During the specified warranty period or service period, when it is found that there is a serious defect in the non-food product (work, service) caused by the fault of the seller, manufacturer (executor), the consumer has the right to the following at his choice:
1) a product with a serious defect to exchange for a new product of the same type (model, item);
2) to perform the work (service) again free of charge;
3) to break the contract and demand the return of the amount of money paid for goods (work, service).

2. If the consumer has purchased a product (work, service) with a major defect, the producer (executor) is responsible for this defect throughout the service life of the product (work, service).

3. On the day of the relevant claim by the consumer, the seller is obliged to replace the product with a similar type (model, item) of the same type (model, item). If the product is not available for replacement at the time of the consumer's request for replacement, the seller is obliged to replace the product within ten calendar days from the date of the request. If it is not possible to replace the product within the specified period, the seller is obliged to return the amount of money paid for the goods to the consumer.

The purchase price is not recalculated when the defective product is exchanged for a product of a similar type (model, item). With the consent of the consumer, the seller has the right to replace the defective product with a product of another type (model, item). If the price of the replacement product is lower than the price of the replacement product, the consumer must pay the price difference; if the price of the replacement product is higher than the price of the replacement product, the difference in price is paid to the consumer. The price of the replacement product is determined at the time of replacement, if the customer's demand is not satisfied by the seller.

4. In case of return of goods sold on credit with a serious defect, settlement with the consumer is carried out in accordance with the fifteenth part of Article 22 of this Law.

5. In the case of re-execution of works and services free of charge, the executor shall fulfill this request of the consumer within the period specified for the urgent execution of works and services, if this period is not specified, with the consent of the consumer, within the period stipulated in the contract on the re-execution of works and services. must satisfy. In this case, the executor is entitled to prepare, perform work, and provide services from the same materials as those previously provided by the consumer free of charge, if the executor loses (damages) the consumer's material (item) in whole or in part, of a similar quality. to replace the material (item), if there is no similar type of material (item) - double the cost of the lost (damaged) material (item) to the consumer,

6. The cost of the lost (damaged) material (item) on the day of voluntary fulfillment of the consumer's claim or, if the consumer's claim was not voluntarily satisfied, on the day of the court decision, the material (item) available at the place where the consumer's claim is to be satisfied by the executive. is determined based on the price. In this case, the consumer is obliged to return the material (item) previously given to him by the contractor.

7. If the executor warns the consumer about specific signs that may lead to complete or partial loss (damage) of the material (object) or if the indicated signs of the material (object) are detected by the executor when receiving this material (object). if it is not known, the executor is released from responsibility for the complete or partial loss (damage) of the material (item) received from the consumer.

8. If a serious defect is detected in the work performed by the consumer, in the service provided, he has the right to refuse to fulfill the contracts on the performance of the work and the service. In the event of refusal to perform the contracts for the performance of works, services, the cost of partially or fully performed work, rendered service, returned to the consumer is determined in accordance with the thirteenth part of Article 22 of this Law.

9. In the event that the seller (executor) sells a materially defective product to an authorized individual consumer, they are obliged to compensate the costs associated with the delivery of the specified product to the consumer.

10. When the amount of money paid for goods (work, service) with serious defects is returned to the consumer, the seller (executor) does not have the right to retain the amount of money that has decreased in value due to the full or partial use of the purchase (work), loss of its commodity form. .

Article 24. Consumer rights when goods are purchased at a distance

1. When the goods are purchased at a distance, the consumer has the right to refuse the goods without explaining the reason, at any time before receiving them, and after receiving them, within seven calendar days.

2. When the seller sells the product at a distance, the main features and characteristics of the purchase to the consumer, the seller's address (location), the place of purchase, the full name of the seller, the price and terms of sale, its delivery, expiration date, service period and warranty period. , is obliged to provide information on the order of payment of the purchase price, as well as the validity period of the offer on the conclusion of the contract of partial purchase and sale of the product by distance method.

3. When the goods are delivered to the consumer, he should be given written information about the goods provided for in Article 14 of this Law, as well as information on the order and terms of its return.

4. If the information stipulated in the third part of this article is not provided, the consumer has the right to cancel the contract within three months after the purchase of the product, to return the product in good condition and to demand a refund of the amount paid for the specified product. A good quality product can be returned if the product's type of merchandise, usage characteristics, and proof of purchase are preserved. The absence of the document presented to the consumer does not deprive him of the opportunity to refer to other evidence proving that the product was purchased from the same seller or executor.

5. When the consumer rejects the goods, the seller is obliged to return to him the amount paid under the contract, minus the costs incurred by him to return the returned goods from the consumer, no later than ten calendar days from the date of the relevant request by the consumer.

6. Unless otherwise specified in the legislation of Turkmenistan, the consumer enjoys the rights specified in this Law when purchasing goods from a distance.

7. Distance selling is carried out in accordance with the Distance Selling Rules approved by the authorized agency.

Article 25. Consumer's right to compensation for damage (damage) to life, health, offspring, property or environment

1. Regardless of whether or not the consumer has a contractual relationship with the seller (executor), he has the right to compensation for damage (damage) to his life, health, offspring, property or the environment related to the following:
1) purchase ( lack of opportunity to freely choose work, service;
2) due to structural (constructive), manufacturing, recipe or other characteristic defects of the product (work, service), regardless of whether or not the level of scientific and technical knowledge allows to identify their dangerous characteristics or properties, to the life of the consumer, failure to ensure the safety of the product (work, service) as a result of the use of materials, equipment, tools and other means that may cause harm (damage) to health, offspring, his property or the environment;
3) sale of goods (work, service) with defects or substantial defects;
4) providing incomplete or unreliable information about goods (business, service);
5) violation of terms of delivery of goods (work, service);
6) Return of purchase.

2. The seller, producer, executive, authorized person in the cases mentioned in the first part of this article are obliged to compensate the damage (damage) caused to the consumer's life, health, offspring, property or environment within ten calendar days from the day of the relevant claim.

3. Compensation for damage (damage) to the consumer's life, health, offspring, property, environment, if it is done during the specified period of validity and service life of the purchase (work), shall be covered by the seller, manufacturer (executor).
If these terms are not specified - compensation for damage (damage) caused to the consumer's life, health, offspring, property, environment within ten years from the date of delivery of the purchase (work, service) to the consumer, if determining the date of delivery of the purchase (work, service) if not possible, it refers to the payment from the date of production (execution) of the purchase (work).

4. If the service life or validity period of the product (work, service) is set, but the consumer is not informed about the necessary measures to be taken after the completion of these terms and the possible consequences if such measures are not carried out, the consumer's life and health , the compensation for the damage (damage) caused to the generation, his property, the environment, regardless of the time of its occurrence, is subject to payment by the seller, manufacturer (executor).

5. If the seller, producer (executive) is responsible for the consumer's life, health, offspring, property, environmental damage (damage) caused by the actions of third parties or unavoidable circumstances, or the purchase (work, service) by the consumer ) shall be exempted from liability if it proves that it was caused by violation of the prescribed rules of use, conditions of storage or disposal.

6. The requirements of the consumer specified in the first part of this article are subject to satisfaction by the seller, producer (executor) within ten calendar days from the date of the relevant request.

CHAPTER IV. GENERAL PROVISIONS

Article 26. Dispute Resolution

Disputes arising in the field of consumer rights protection are resolved in accordance with the procedure established by the legislation of Turkmenistan.

Article 27. Judicial protection of consumer rights

1. In case of violation of consumer's rights, unless otherwise specified in the legislation of Turkmenistan, a claim is submitted to the court at the place of residence of the consumer or the place of damage (damage).

2. Consumers are exempted from paying the state fee in the case of a claim related to the violation of their rights, as well as in the case of a claim filed in the interests of consumers (unknown group of consumers) by an authorized agency, other government agencies, public associations of consumers.

Article 28. Liability for violation of this Act

Persons guilty of violating this Law shall bear the responsibility provided for by the legislation of Turkmenistan.

Article 29. The procedure for calculating the periods established by this Law

1. The terms established in this Law are determined by the calendar date or the elapsed period of time calculated in years, months, weeks or days.

2. Terms calculated in years, months, and weeks are completed on the corresponding day of the last year, month, or week of the term. If the end of the period calculated by the month falls on a month without a corresponding day, then the period ends on the last day of that month. A period calculated in calendar weeks or days also includes non-business days.

3. If the last day of the term falls on a non-working day, then the first working day following that day is considered the day of completion of the term, unless otherwise provided by the legislation of Turkmenistan.

Article 30. Entry into force of this Act

1. This Law enters into force on the day of its official publication.

2. From the date of entry into force of this Law, the following shall be recognized as invalid:
the Law of Turkmenistan "On Protection of Buyers' Rights" dated October 1, 1993 (Data of the Mejlis of Turkmenistan, 1993, No. 9-10, Article 66);
The Law of Turkmenistan on Amendments and Additions to the Law of Turkmenistan "On Protection of Buyers' Rights" dated June 12, 1997 (Data of the Mejlis of Turkmenistan, 1997, No. 2, Article 16);
The Law of Turkmenistan on November 23, 1999 "On Amendments to Certain Laws of Turkmenistan" (Data of the Mejlis of Turkmenistan, 1999, No. 4, Article 56);
The Law of Turkmenistan on July 7, 2001 "On Amendments and Additions to Certain Laws of Turkmenistan" (Data of the Mejlis of Turkmenistan, 2001, No. 2, Article 22);
Part II of the Law of Turkmenistan on August 19, 2004 "On Amendments to Certain Laws of Turkmenistan" (Data of the Mejlis of Turkmenistan, 2004, No. 4, Article 30);
On April 18, 2009, Part VI of the Law of Turkmenistan "On making amendments and additions to certain legislative acts of Turkmenistan and considering them to have lost their validity" (Data of the Mejlis of Turkmenistan, 2009, No. 2, Article 33).


President of Turkmenistan
Gurbanguly
Berdimuhamedov

Ashgabat city.
November 8, 2014.
No. 140-V.