Federal Law of the Russian Federation

"On consumer protection"

This Law regulates relations arising between consumers and manufacturers, performers, importers, sellers in the sale of goods (performance of works, provision of services), establishes the rights of consumers to purchase goods (works, services) of adequate quality and safe for life, health, property of consumers and environment, obtaining information about goods (works, services) and their manufacturers (executors, sellers), education, state and public protection of their interests, and also determines the mechanism for the implementation of these rights.

Basic concepts used in this Law:

consumer - a citizen who intends to order or purchase or ordering, acquiring or using goods (works, services) solely for personal, family, household and other needs not related to entrepreneurial activities;

manufacturer - an organization, regardless of its organizational and legal form, as well as an individual entrepreneur producing goods for sale to consumers;

(as amended by Federal Law No. 212-FZ of December 17, 1999)

contractor - an organization, regardless of its organizational and legal form, as well as an individual entrepreneur performing work or providing services to consumers under a reimbursable contract;

(as amended by Federal Law No. 212-FZ of December 17, 1999)

seller - an organization, regardless of its organizational and legal form, as well as an individual entrepreneur who sells goods to consumers under a sales contract;

(as amended by Federal Law No. 212-FZ of December 17, 1999)

paragraph is invalid. - Federal Law of December 21, 2004 N 171-FZ;

lack of goods (work, service) - non-compliance of the goods (work, service) or the mandatory requirements provided for by law or in the manner prescribed by it, or the terms of the contract (in their absence or incompleteness of the conditions with the usual requirements), or the purposes for which the goods (work , service) of this kind is usually used, or for the purposes of which the seller (executor) was informed by the consumer at the conclusion of the contract, or the sample and (or) description when selling goods according to the sample and (or) according to the description;

(as amended by the Federal Laws of December 17, 1999 N 212-FZ, of October 25, 2007 N 234-FZ)

significant defect of a product (work, service) - an unrecoverable defect or defect that cannot be eliminated without disproportionate costs or time, or is detected repeatedly, or reappears after its elimination, or other similar defects;

safety of a product (work, service) - the safety of a product (work, service) for life, health, property of the consumer and the environment under normal conditions of its use, storage, transportation and disposal, as well as the safety of the process of performing work (rendering a service);

an organization authorized by the manufacturer (seller) or an individual entrepreneur authorized by the manufacturer (seller) (hereinafter - an authorized organization or an authorized individual entrepreneur) - an organization engaged in certain activities, or an organization established in the territory of the Russian Federation by a manufacturer (seller), including a foreign manufacturer ( by a foreign seller) performing certain functions on the basis of an agreement with the manufacturer (seller) and authorized by him to accept and satisfy the requirements of consumers in relation to the goods inadequate quality or an individual entrepreneur registered in the territory of the Russian Federation, performing certain functions on the basis of an agreement with a manufacturer (seller), including a foreign manufacturer (foreign seller), and authorized by him to accept and satisfy consumer requirements regarding goods of inadequate quality;

importer - an organization, regardless of its organizational and legal form, or an individual entrepreneur, importing goods for their subsequent sale on the territory of the Russian Federation.

(paragraph introduced federal law dated December 21, 2004 N 171-FZ)

Chapter I. General Provisions

Article 1 Legal regulation relations in the field of consumer protection

1. Relations in the field of consumer rights protection are governed by the Civil Code of the Russian Federation, this Law, other federal laws (hereinafter referred to as laws) and other regulatory laws adopted in accordance with them. legal acts Russian Federation.

(Clause 1 as amended by the Federal Law of December 21, 2004 N 171-FZ)

2. The Government of the Russian Federation is not entitled to instruct federal bodies executive power adopt acts containing norms on the protection of consumer rights.

The Government of the Russian Federation has the right to issue for the consumer and the seller (manufacturer, performer, authorized organization or authorized individual entrepreneur, importer) rules that are mandatory for the conclusion and execution public contracts(contracts of retail purchase and sale, energy supply, contracts for the performance of work and the provision of services).

(the paragraph was introduced by Federal Law No. 171-FZ of December 21, 2004)

Article 2 International treaties of the Russian Federation

If an international treaty of the Russian Federation establishes other rules on the protection of consumer rights than those provided for by this Law, the rules of the international treaty shall apply.

Article 3 Consumer right to consumer protection education

The right of consumers to education in the field of consumer protection is ensured through the inclusion of relevant requirements in federal state educational standards and educational programs, as well as through the organization of a system of consumer information about their rights and necessary actions to protect these rights.

(as amended by Federal Law No. 185-FZ of July 2, 2013)

Article 4 Quality of goods (works, services)

1. The seller (executor) is obliged to transfer to the consumer a product (perform work, provide a service), the quality of which corresponds to the contract.

2. If there are no conditions in the contract on the quality of goods (work, services), the seller (executor) is obliged to transfer to the consumer goods (perform work, provide services) that meet the usual requirements and are suitable for the purposes for which the goods (work, service) of this kind commonly used.

3. If the seller (executor) at the conclusion of the contract was informed by the consumer about the specific purposes of acquiring goods (performance of work, provision of services), the seller (executor) is obliged to transfer to the consumer goods (perform work, provide a service) suitable for use in accordance with these goals.

4. When selling goods according to the sample and (or) description, the seller is obliged to transfer to the consumer goods that correspond to the sample and (or) description.

5. If the laws or the procedure established by them provide for mandatory requirements for a product (work, service), the seller (executor) is obliged to transfer to the consumer the product (perform work, provide a service) that meets these requirements.

(Clause 5 as amended by the Federal Law of December 21, 2004 N 171-FZ)

Article 5 warranty period for goods (work)

1. For a product (work) intended for long-term use, the manufacturer (executor) has the right to establish a service life - the period during which the manufacturer (executor) undertakes to provide the consumer with the opportunity to use the product (work) for its intended purpose and be liable for significant shortcomings on the basis of paragraph 6 of Article 19 and paragraph 6 of Article 29 of this Law.

2. The manufacturer (executor) is obliged to establish the service life of a durable product (work), including components (parts, assemblies, assemblies), which, after a certain period, may pose a danger to the life, health of the consumer, harm his property or the environment. environment.

(as amended by Federal Law No. 171-FZ of December 21, 2004)

3. The service life of a product (work) can be calculated in units of time, as well as other units of measurement (kilometers, meters and other units of measurement based on the functional purpose of the product (result of work)).

(as amended by Federal Law No. 212-FZ of December 17, 1999)

4. For foodstuffs, perfumes and cosmetics, medicines, household chemicals and other similar goods (works), the manufacturer (executor) is obliged to establish an expiration date - the period after which the goods (work) are considered unsuitable for their intended use.

(as amended by Federal Law No. 171-FZ of December 21, 2004)

5. Sale of goods (performance of work) after the expiration of the established expiration date, as well as goods (performance of work) for which an expiration date should be set, but it is not set, is prohibited.

(as amended by Federal Law No. 212-FZ of December 17, 1999)

6. The manufacturer (executor) has the right to establish a warranty period for the product (work) - the period during which, in the event of a defect in the product (work), the manufacturer (executor), seller, authorized organization or authorized individual entrepreneur, importer are obliged to satisfy the requirements of the consumer, established by Articles 18 and 29 of this Law.

(as amended by Federal Law No. 171-FZ of December 21, 2004)

The manufacturer has the right to assume an obligation in relation to the defects of the goods discovered after the expiration of the warranty period established by him (additional obligation).

(the paragraph was introduced by Federal Law No. 171-FZ of December 21, 2004)

(the paragraph was introduced by Federal Law No. 171-FZ of December 21, 2004)

7. The seller has the right to establish a warranty period for the goods, if it is not established by the manufacturer.

The seller has the right to assume an obligation in respect of defects in the goods discovered after the expiration of the warranty period established by the manufacturer (additional obligation).

(Clause 7 as amended by the Federal Law of December 21, 2004 N 171-FZ)

8. The manufacturer (seller) is responsible for the defects of the goods discovered during the term of the additional obligation, in accordance with paragraph two of paragraph 6 of Article 18 of this Law, and after the expiration of the additional obligation - in accordance with paragraph 5 of Article 19 of this Law.

(Clause 8 was introduced by Federal Law No. 171-FZ of December 21, 2004)

Article 6 The obligation of the manufacturer to ensure the possibility of repair and maintenance of the product

The manufacturer is obliged to ensure the possibility of using the product during its service life. For this purpose, the manufacturer shall provide repair and Maintenance goods, as well as the release and supply to trade and repair organizations in the volume and assortment of spare parts necessary for repair and maintenance during the period of production of the goods and after its removal from production during the service life of the goods, and in the absence of such a period within ten years from the date of transfer of the goods to the consumer.

Article 7 The right of the consumer to the safety of goods (works, services)

1. The consumer has the right to ensure that the product (work, service) under normal conditions of its use, storage, transportation and disposal is safe for the life, health of the consumer, the environment, and does not harm the consumer's property. The requirements that must ensure the safety of the goods (work, service) for the life and health of the consumer, the environment, as well as the prevention of harm to the consumer's property, are mandatory and are established by law or in the manner prescribed by it.

(as amended by Federal Law No. 212-FZ of December 17, 1999)

2. The manufacturer (executor) is obliged to ensure the safety of the goods (work) during the established service life or shelf life of the goods (work).

If, in accordance with paragraph 1 of Article 5 of this Law, the manufacturer (executor) has not established a service life for the goods (work), he is obliged to ensure the safety of the goods (work) within ten years from the date of transfer of the goods (work) to the consumer.

Harm caused to the life, health or property of the consumer due to failure to ensure the safety of the goods (work) is subject to compensation in accordance with Article 14 of this Law.

3. If for the safety of using a product (work, service), its storage, transportation and disposal, it is necessary to comply with special rules (hereinafter referred to as the rules), the manufacturer (executor) is obliged to indicate these rules in the accompanying documentation for the product (work, service), on the label , marking or otherwise, and the seller (executor) is obliged to bring these rules to the attention of the consumer.

4. If mandatory requirements are established for goods (works, services) by law or in the manner prescribed by it, ensuring their safety for the life, health of the consumer, the environment and preventing damage to the consumer's property, the compliance of goods (works, services) with these requirements is subject to mandatory confirmation in the manner prescribed by law and other legal acts.

(as amended by Federal Law No. 171-FZ of December 21, 2004)

It is not allowed to sell goods (performance of work, provision of services), including imported goods (work, services), without information on the mandatory confirmation of its compliance with the requirements specified in paragraph 1 of this article.

(Clause 4 as amended by the Federal Law of December 17, 1999 N 212-FZ)

5. If it is established that if the consumer observes the established rules for the use, storage or transportation of goods (work), it causes or may cause harm to the life, health and property of the consumer, the environment, the manufacturer (executor, seller) is obliged to immediately suspend its production (sale) until the causes of harm are eliminated, and in necessary cases take measures to withdraw it from circulation and recall it from the consumer (consumers).

If the causes of harm cannot be eliminated, the manufacturer (performer) is obliged to remove such goods (work, service) from production. If the manufacturer (executor) fails to fulfill this obligation, the authorized federal executive body shall take measures to recall such goods (work, services) from the domestic market and (or) from the consumer or consumers in the manner established by the legislation of the Russian Federation.

(As amended by the Federal Laws of December 21, 2004 N 171-FZ, of July 18, 2011 N 242-FZ)

Losses caused to the consumer in connection with the recall of goods (works, services) are subject to compensation by the manufacturer (executor) in full.

6. Has expired. - Federal Law of December 21, 2004 N 171-FZ.

Article 8 The right of the consumer to information about the manufacturer (performer, seller) and goods (works, services)

1. The consumer has the right to demand the provision of the necessary and reliable information about the manufacturer (executor, seller), the mode of his work and the goods (works, services) he sells.

2. The information specified in paragraph 1 of this article is brought to the attention of consumers in a clear and accessible form when concluding sales contracts and contracts for the performance of work (provision of services) by the methods adopted in certain areas of consumer service, in Russian, and additionally, according to at the discretion of the manufacturer (executor, seller), in the state languages ​​of the constituent entities of the Russian Federation and native languages ​​of the peoples of the Russian Federation.

Article 9 Information about the manufacturer (executor, seller)

1. The manufacturer (executor, seller) is obliged to inform the consumer of the trade name (name) of his organization, its location (address) and its mode of operation. The seller (executor) places the specified information on the sign.

(as amended by Federal Law No. 171-FZ of December 21, 2004)

The manufacturer (executor, seller) - an individual entrepreneur - must provide the consumer with information about state registration and the name of the body that registered it.

2. If the type of activity carried out by the manufacturer (performer, seller) is subject to licensing and (or) the performer has state accreditation, information on the type of activity of the manufacturer (performer, seller), license number and (or) certificate number must be brought to the attention of the consumer on state accreditation, the validity period of the said license and (or) certificate, as well as information on the body that issued the said license and (or) certificate.

(Clause 2 as amended by the Federal Law of October 16, 2006 N 160-FZ)

3. The information provided for in paragraphs 1 and 2 of this article must also be brought to the attention of consumers when carrying out trade, household and other types of consumer services in temporary premises, at fairs, from stalls and in other cases, if trade, household and other types consumer services are carried out outside the permanent location of the seller (executor).

Article 10 Information about goods (works, services)

1. The manufacturer (executor, seller) is obliged to provide the consumer with the necessary and reliable information about goods (works, services) in a timely manner, ensuring the possibility of their right choice. For certain types of goods (works, services), the list and methods of bringing information to the consumer are established by the Government of the Russian Federation.

2. Information about goods (works, services) in without fail must contain:

the name of the technical regulation or other designation established by the legislation of the Russian Federation on technical regulation and indicating the mandatory confirmation of the conformity of the goods;

(as amended by Federal Law No. 171-FZ of December 21, 2004)

information about the main consumer properties of goods (works, services), in relation to food products, information about the composition (including the name of food additives, biologically active additives used in the process of manufacturing food products, information about the presence in food products of components obtained using genetically engineered organisms, if the content of these organisms in such a component is more than nine tenths of a percent), nutritional value, purpose, conditions for the use and storage of food products, methods for preparing ready-made meals, weight (volume), date and place of manufacture and packaging (packaging) of food products, as well as information about contraindications for their use in certain diseases. The list of goods (works, services), information about which should contain contraindications for their use in certain diseases, is approved by the Government of the Russian Federation;

(as amended by the Federal Laws of December 21, 2004 N 171-FZ, of October 25, 2007 N 234-FZ)

the price in rubles and the conditions for the acquisition of goods (works, services), including when paying for goods (works, services) after a certain time after their transfer (fulfillment, rendering) to the consumer, the full amount payable by the consumer, and the repayment schedule for this amount;

(As amended by Federal Law No. 363-FZ of December 21, 2013)

warranty period, if any;

(as amended by Federal Law No. 212-FZ of December 17, 1999)

rules and conditions for the efficient and safe use of goods (works, services);

information on the energy efficiency of goods in respect of which the requirement for the availability of such information is determined in accordance with the legislation on energy saving and on improving energy efficiency;

(paragraph introduced by Federal Law No. 261-FZ of November 23, 2009)

service life or shelf life of goods (works), established in accordance with this Law, as well as information on the necessary actions of the consumer after specified deadlines and possible consequences if such actions are not performed, if the goods (works) after the expiration of the specified periods pose a danger to the life, health and property of the consumer or become unsuitable for their intended use;

address (location), company name (name) of the manufacturer (executor, seller), authorized organization or authorized individual entrepreneur, importer;

(as amended by Federal Law No. 234-FZ of October 25, 2007)

information on the mandatory confirmation of the conformity of goods (works, services) specified in paragraph 4 of Article 7 of this Law;

(as amended by Federal Law No. 212-FZ of December 17, 1999)

information on the rules for the sale of goods (performance of work, provision of services);

an indication of a specific person who will perform the work (provide a service), and information about him, if it matters, based on the nature of the work (service);

an indication of the use of phonograms in the provision of entertainment services by performers of musical works.

(paragraph introduced by Federal Law No. 212-FZ of December 17, 1999)

If the product purchased by the consumer was in use or a defect (shortcomings) was eliminated in it, the consumer must be provided with information about this.

3. The information provided for in paragraph 2 of this article is brought to the attention of consumers in technical documentation attached to goods (works, services), on labels, markings or in any other way accepted for certain types goods (works, services). Information on the mandatory confirmation of conformity of goods shall be submitted in the manner and in the manner established by the legislation of the Russian Federation on technical regulation, and includes information on the number of the document confirming such conformity, on its validity period and on the organization that issued it.

(As amended by the Federal Laws of December 17, 1999 N 212-FZ, of December 21, 2004 N 171-FZ)

The paragraph is invalid. - Federal Law of December 21, 2004 N 171-FZ.

Article 11 Mode of operation of the seller (executor)

1. The mode of operation of state, municipal organizations of trade, household and other types of consumer services is established by decision, respectively, of the executive authorities of the constituent entities of the Russian Federation and bodies local government.

2. The mode of operation of organizations operating in the areas of trade, household and other types of consumer services and not specified in paragraph 1 of this article, as well as individual entrepreneurs, is established by them independently.

3. The mode of operation of the seller (executor) is brought to the attention of consumers and must comply with the established one.

Article 12

(as amended by Federal Law No. 171-FZ of December 21, 2004)

1. If the consumer is not given the opportunity to immediately receive information about the product (work, service) upon conclusion of the contract, he has the right to demand from the seller (executor) compensation for losses caused by unreasonable evasion from concluding the contract, and if the contract is concluded, within a reasonable time to refuse it performance and demand a refund of the amount paid for the goods and compensation for other losses.

(as amended by Federal Law No. 171-FZ of December 21, 2004)

In case of refusal to fulfill the contract, the consumer is obliged to return the goods (the result of work, services, if possible by their nature) to the seller (executor).

(as amended by Federal Law No. 171-FZ of December 21, 2004)

(Clause 1 as amended by Federal Law No. 212-FZ of December 17, 1999)

2. The seller (executor), who has not provided the buyer with complete and reliable information about the goods (work, service), shall be liable, provided for in paragraphs 1 - 4 of Article 18 or paragraph 1 of Article 29 of this Law, for the shortcomings of the goods (work, service) that have arisen after its transfer to the consumer due to the lack of such information.

(Clause 2 was introduced by Federal Law No. 212-FZ of December 17, 1999)

3. When harm is caused to the life, health and property of the consumer due to failure to provide him with complete and reliable information about the product (work, service), the consumer has the right to demand compensation for such harm in the manner prescribed by Article 14 of this Law, including

consumer

manufacturer

executor

salesman

importer

Chapter I. GENERAL PROVISIONS

Chapter II. PROTECTION OF CONSUMER RIGHTS IN THE SALES OF GOODS TO CONSUMERS

Chapter III. PROTECTION OF THE RIGHTS OF CONSUMERS IN THE PERFORMANCE OF WORKS (PROVISION OF SERVICES)

Article 27

1. The contractor is obliged to carry out the performance of work (rendering of services) within the time period established by the rules for the performance of certain types of work (rendering of certain types of services) or the contract for the performance of work (rendering of services). The contract for the performance of work (rendering of services) may provide for a period for the performance of work (rendering of services), if the said rules it is not provided, as well as a period of shorter duration than the period established by these rules.

2. The term for performing work (rendering a service) may be determined by the date (period) by which the performance of work (rendering of a service) must be completed and/or the date (period) by which the performer must start performing work (rendering a service).

3. If the performance of work (provision of services) is carried out in parts (delivery of periodicals, technical maintenance) during the term of the contract for the performance of works (provision of services), appropriate periods (periods) for the performance of such works (provision of services) should be provided .

By agreement of the parties, the contract may also provide for completion dates individual stages works (intermediate terms).

Article 28

1. If the contractor has violated the deadlines for the performance of work (rendering of services) - the dates for the start and (or) completion of the performance of work (rendering of services) and (or) intermediate deadlines for the performance of work (rendering of services) or during the performance of work (rendering of services) became obvious, that it will not be completed on time, the consumer, at his choice, has the right:

• appoint an executor new term;
• entrust the performance of work (provision of services) to third parties for a reasonable price or perform it on their own and require the contractor to reimburse the costs incurred;
• demand a reduction in the price for the performance of work (provision of services);
• refuse to fulfill the contract for the performance of work (provision of services).

The consumer has the right to demand also full compensation for losses caused to him in connection with the violation of the deadlines for the performance of work (provision of services). Losses are reimbursed within the time limits established to meet the relevant requirements of the consumer.

2. The new deadlines for the performance of work (rendering of services) appointed by the consumer are indicated in the contract for the performance of work (rendering of services).

In the event of a delay in the new terms, the consumer has the right to present other requirements to the contractor, established by paragraph 1 of this article.

3. The price of the work performed (service rendered) returned to the consumer in case of refusal to execute the contract on the performance of work (service rendering), as well as taken into account when reducing the price of the work performed (service rendered), is determined in accordance with paragraphs 3, 4 and 5 of Article 24 of this POZPP.

4. In case of refusal to fulfill the contract for the performance of work (rendering of a service), the performer shall not have the right to demand reimbursement of his expenses incurred in the course of the performance of work (rendering of a service), as well as payment for the work performed (rendered service), unless the consumer has accepted work performed (service rendered).

5. In case of violation of the established deadlines for the performance of work (provision of services) or new deadlines assigned by the consumer on the basis of paragraph 1 of this article, the contractor shall pay the consumer for each day (hour, if the deadline is defined in hours) of delay a penalty (fine) in the amount of three percent of the price of performance of work (rendering of services), and if the price of performing work (rendering of services) is not determined by the contract for the performance of work (rendering of services) - the total price of the order. An agreement on the performance of work (provision of services) between the consumer and the contractor may establish a higher amount of the penalty (penalty).

A penalty (penalty) for violation of the deadlines for the commencement of work (provision of services), its stage is collected for each day (hour, if the period is defined in hours) of delay until the start of work (provision of services), its stage or presentation by the consumer of the requirements provided for in clause 1 of this article.

A penalty (penalty) for violation of the deadlines for completing the work (rendering a service), its stage is charged for each day (hour, if the period is defined in hours) of delay until the completion of the work (rendering a service), its stage or the presentation by the consumer of the requirements provided for in clause 1 of this article.

The amount of the penalty (penalty) collected by the consumer cannot exceed the price of a particular type of work (service) or the total price of the order, if the price of a particular type of work (service) is not specified in the contract for the performance of work (service).

The amount of the penalty (penalty) is determined based on the price of the work (rendering the service), and if the indicated price is not determined, based on the total price of the order that existed at the place where the consumer's claim was to be satisfied by the contractor on the day of voluntary satisfaction of such a claim or on the day of issue judgment if the consumer's demand was not voluntarily satisfied.

6. The requirements of the consumer, established by paragraph 1 of this article, are not subject to satisfaction if the contractor proves that the violation of the deadlines for the performance of work (provision of services) occurred as a result of force majeure or the fault of the consumer.

Article 36

The Contractor is obliged to inform the consumer in a timely manner that compliance with the consumer's instructions and other circumstances depending on the consumer may reduce the quality of the work performed (service rendered) or entail the impossibility of completing it on time.

If the consumer, despite timely and reasonable informing the contractor, does not replace the unsuitable or poor-quality material within a reasonable time, does not change the instructions on the method of performing work (rendering a service), or does not eliminate other circumstances that may reduce the quality of the work performed (rendered service), the contractor has the right to refuse to perform the contract for the performance of work (provision of services) and demand full compensation for losses.

Law "On Protection of Consumer Rights" of the Russian Federation dated February 7, 1992 N 2300-1 in new edition with changes as of 2017

List of changes taken into account: dated 09.01.1996 N 2-FZ, dated 17.12.1999 N 212-FZ, dated 30.12.2001 N 196-FZ, dated 22.08.2004 N 122-FZ, dated 02.11.2004 N 127-FZ, dated 12/21/2004 N 171-FZ, 07/27/2006 N 140-FZ, 10/16/2006 N 160-FZ, 11/25/2006 N 193-FZ, 10/25/2007 N 234-FZ, 07/23/2008 N 160 -FZ, dated 06/03/2009 N 121-FZ, dated 11/23/2009 N 261-FZ, dated 06/27/2011 N 162-FZ, dated 07/18/2011 N 242-FZ, dated 06/25/2012 N 93-FZ, dated 28.07 .2012 N 133-FZ, dated 07/02/2013 N 185-FZ, dated 12/21/2013 N 363-FZ, dated 05/05/2014 N 112-FZ, dated 07/13/2015 N 233-FZ, dated 07/03/2016 N 265- FZ, dated 01.05.2017 N 88-FZ

The Law on the Protection of Consumer Rights regulates the relations arising between consumers and manufacturers, performers, importers, sellers in the sale of goods (performance of works, provision of services), establishes the rights of consumers to purchase goods (works, services) of adequate quality and safe for life, health, property of consumers and the environment, obtaining information about goods (works, services) and their manufacturers (performers, sellers), education, state and public protection of their interests, and also determines the mechanism for the implementation of these rights.

The main concepts used in the Consumer Rights Protection Law:

consumer- a citizen who intends to order or purchase or ordering, acquiring or using goods (works, services) solely for personal, family, household and other needs not related to entrepreneurial activities;

manufacturer- an organization, regardless of its organizational and legal form, as well as an individual entrepreneur producing goods for sale to consumers;

executor- an organization, regardless of its organizational and legal form, as well as an individual entrepreneur performing work or providing services to consumers under a reimbursable contract;

salesman- an organization, regardless of its organizational and legal form, as well as an individual entrepreneur selling goods to consumers under a sales contract;

lack of goods (work, services)- non-compliance of the goods (work, service) or the mandatory requirements provided for by law or in the manner prescribed by it, or the terms of the contract (in their absence or incompleteness of the conditions with the usual requirements), or the purposes for which the goods (work, service) of this kind are usually used , or the purposes of which the seller (executor) was informed by the consumer at the conclusion of the contract, or the sample and (or) description when selling the goods according to the sample and (or) according to the description;

a significant lack of goods (work, services)- an irreparable defect or a defect that cannot be eliminated without disproportionate costs or time, or is detected repeatedly, or reappears after its elimination, or other similar disadvantages;

safety of goods (works, services)- safety of the goods (work, service) for life, health, property of the consumer and the environment under normal conditions of its use, storage, transportation and disposal, as well as the safety of the process of performing work (rendering a service);

an organization authorized by the manufacturer (seller) or an individual entrepreneur authorized by the manufacturer (seller) (hereinafter - an authorized organization or an authorized individual entrepreneur) - an organization engaged in certain activities, or an organization established in the territory of the Russian Federation by a manufacturer (seller), including a foreign manufacturer ( a foreign seller) performing certain functions on the basis of an agreement with the manufacturer (seller) and authorized by him to accept and satisfy the requirements of consumers in relation to goods of inadequate quality, or an individual entrepreneur registered in the Russian Federation, performing certain functions on the basis of an agreement with the manufacturer (seller) ), including with a foreign manufacturer (foreign seller), and authorized by him to accept and satisfy the requirements of consumers in relation to goods of inadequate quality;

importer- an organization, regardless of its legal form, or an individual entrepreneur, importing goods for their subsequent sale on the territory of the Russian Federation.

Chapter I. GENERAL PROVISIONS

It does not work Edition from 02.06.1993

LAW RF dated 07.02.92 N 2300-I (as amended on 02.06.93) "ON PROTECTION OF CONSUMER RIGHTS"

This Law regulates relations arising between consumers and entrepreneurs, establishes the rights of consumers to purchase goods (works, services) of appropriate quality, to the safety of their life and health, to receive information about goods (works, services) and their manufacturers (performers, sellers), education of consumers, state and public protection of their interests, association of consumers in public organizations, and also determines the mechanism for the implementation of these rights.

The main concepts used in this Law:

consumer - a citizen who uses, purchases, orders or intends to purchase or order goods (works, services) for personal household needs;

manufacturer - an enterprise, organization, institution or individual entrepreneur producing goods for sale;

executor - an enterprise, organization, institution or citizen-entrepreneur performing work or providing services;

seller - an enterprise, organization, institution or individual entrepreneur selling goods under a contract of sale;

standard - state standard, sanitary norms and rules, building codes and regulations and other documents that, in accordance with the legislation of the Russian Federation, establish mandatory requirements for the quality of goods (works, services);

mandatory certification - confirmation by an authorized body of the conformity of a product (work, service) with the mandatory requirements of the standard;

defect - a separate non-compliance of a product (work, service) with the mandatory requirements of standards, the terms of contracts or the usual requirements, as well as information about the product (work, service) provided by the manufacturer (executor, seller);

significant defect - a defect that makes it impossible or unacceptable to use a product (work, service) in accordance with its designated purpose, or cannot be eliminated in relation to this consumer, or its elimination requires large expenditures of labor and time, or makes the product (work, service) different than provided for by the contract, or appears again after its elimination.

If an international treaty of the Russian Federation establishes other rules on the protection of consumer rights, the rules of the international treaty shall apply.

The seller (manufacturer, performer) is obliged to sell to the consumer a product (transfer the results of the work performed, provide a service) that meets the quality of the mandatory requirements of standards, the terms of the contract, the usual requirements, as well as information about the goods (works, services) provided by the seller (manufacturer, performer).

The manufacturer (executor) is obliged to ensure the possibility of using the goods (the results of the work performed) for their intended purpose during their service life, established by him or by agreement with the consumer, and if the service life is not established, within ten years.

The manufacturer is obliged to ensure the possibility of repair and maintenance of the goods during the entire period of its production, and after the removal of the goods from production - within the periods specified in part two of this article.

1. The consumer has the right to ensure that goods (works, services) under normal conditions of their use, during their storage and transportation, are safe for his life, health, environment, and also do not harm his property. The standards establish mandatory requirements that must ensure the safety of life, health of the consumer, the environment, and also prevent damage to the consumer's property. For certain groups of goods (types of work, services), these requirements are established legislative acts Russian Federation.

If there are no standards containing mandatory requirements for goods (works, services), the use of which may harm the life, health of consumers, the environment, as well as property of consumers, the relevant authorities government controlled are obliged to immediately ensure the development and implementation of such standards, and, if necessary, suspend the sale of goods (performance of work, provision of services) by the manufacturer (executor, seller).

2. For goods (results of work), the use of which after certain period poses a danger to life, health of consumers, the environment or can cause harm to consumers' property, service life (usefulness) periods must be established.

The consumer must be warned about the service life (shelf life) of the product (the result of the work), the necessary actions after its expiration and the possible consequences if these actions are not taken.

3. The manufacturer (executor) is obliged to ensure the safety of goods (works, services) during the established period of their service (usefulness), and if the service life is not established, within ten years.

Losses caused to the consumer as a result of violation of this requirement are subject to compensation in accordance with Article 12 of this Law.

4. If for the safe use of goods (works, services), their storage, transportation and disposal, it is necessary to comply with special rules, the manufacturer (executor) is obliged to develop such rules, and the seller (executor) to bring them to the attention of the consumer.

5. Goods (works, services) for which requirements are established in legislative acts or standards aimed at ensuring the safety of life, health of consumers and environmental protection, preventing damage to consumers' property, and means ensuring the safety of life and health of consumers, are subject to mandatory certification according to established order.

The sale of goods (including imported goods), the performance of works and the provision of services without a certificate confirming the compliance of goods (works, services) with the requirements specified in paragraph 1 of this article is prohibited. The basis for permitting the import of goods into the territory of the Russian Federation is the Customs a certificate issued or recognized by an authorized body.

Responsibility for violation of the requirements for the safety of goods (works, services) provided for by this paragraph, as well as for the unjustified issuance of a certificate, is determined by paragraph 2 of Article 41 of this Law.

6. If it is established that if the consumer observes the rules for the use, storage or transportation of goods (results of work), they cause or may cause harm to his life, health, environment and property of the consumer, the manufacturer (executor, seller) is obliged to immediately suspend their production (realization ) until the causes of harm are eliminated, and, if necessary, take measures to withdraw them from circulation and recall them from consumers.

If the causes causing harm cannot be eliminated, the manufacturer (performer) is obliged to remove such goods (works, services) from production. If the manufacturer (performer) fails to fulfill these obligations, the removal of goods (works, services) from production, their withdrawal from circulation and their recall from consumers are carried out according to the instructions of the government bodies exercising control over the safety of goods (works, services).

Losses caused to the consumer in connection with the recall of goods (results of work) are subject to compensation by the manufacturer (executor) in full.

The consumer has the right to require the seller (manufacturer, performer) to provide the necessary and reliable information about his enterprise, the goods (works, services) sold by him and the mode of his work.

The specified information in a visual and accessible form is brought to the attention of consumers when concluding contracts for the sale of goods (performance of work, provision of services) in the ways adopted in certain areas of service.

1. The manufacturer is obliged to bring to the attention of the consumer the name of his enterprise and its location. The specified information must be contained in the production mark or presented in another way in accordance with applicable law.

2. Trade enterprises, enterprises of consumer and other types of services are required to have a sign indicating the profile and forms of organization of their activities, company name, if any, and information about the mode of operation. Businesses are required to list them on their signage. legal address(location of their owner).

Trade enterprises, enterprises of consumer and other types of services are obliged to inform consumers about the rules applied by them for the sale of goods (performance of work, provision of services).

3. The rules established by paragraph 2 of this article shall apply in the implementation of trade, household and other types of services in temporary premises, at fairs, from stalls, as well as in other cases, if trade and services are carried out outside the permanent location of a trade enterprise, household and other types of services.

1. The manufacturer (executor, seller) is obliged to provide the consumer with the necessary and reliable information about goods (works, services) in a timely manner, ensuring the possibility of their competent choice. For certain types of goods (works, services), the list and methods of bringing information to the consumer are established by the Government of the Russian Federation and the Councils of Ministers of the republics within the Russian Federation.

2. Information about goods (works, services) must contain:

names of standards, the mandatory requirements of which must comply with goods (works, services);

a list of the main consumer properties of goods (works, services), and in relation to food products - composition (including a list of other food products and food additives used in the process of their manufacture), weight and volume of content, calorie content, content of substances harmful to health in comparison with mandatory requirements of standards and contraindications for use in certain types of diseases;

price and conditions for the acquisition of goods (works, services);

manufacturer's (executor's) warranty obligations;

rules and conditions for the efficient and safe use of goods (works, services);

service life (shelf life) of goods (results of work) and information about the necessary actions of the consumer upon its expiration, as well as about the possible consequences if these actions are not performed;

addresses of the manufacturer (executor, seller) and enterprises authorized by the manufacturer (seller) to accept claims from the consumer, as well as those performing repairs and maintenance.

In relation to goods (works, services) subject to mandatory certification, the consumer must be provided with information about their certification.

For goods (works, services), which under certain conditions may pose a danger to the life and health of the consumer, the manufacturer (executor, seller) is obliged to bring to his attention information about the types and possible consequences of their impact.

On goods whose consumer properties may deteriorate over time (food, perfumery and cosmetics, medicines, household chemicals, etc.), an expiration date should be indicated.

In relation to works (services), the consumer must be provided with information on the rules for their implementation (rendering).

3. The information provided for in paragraph 2 of this article is brought to the attention of consumers in the technical documentation attached to the goods (results of works, services), on the label, as well as by marking, indicating the date of manufacture or in another way accepted for certain types of goods (works, services) or in specific service areas. The packaging must contain the same information as on the product. Food products packaged or packaged in the Russian Federation must be provided with information about their place of origin.

4. Citizen exercising entrepreneurial activity, must provide information on registration and the name of the body that registered it, as well as on the standard, the mandatory requirements of which apply to the goods (works, services) sold by it, and information on their certification.

The consumer has the right to demand that the mode of operation of the seller (executor) correspond to the declared one.

For state (municipal) enterprises of trade, household and other types of services, the mode of operation is established by decision of the local administration.

The mode of operation of trade, household and other types of services based on other forms of ownership is determined by the owner.

For violation of the regime of operation of the state (municipal) enterprise of trade, household and other types of services, guilty officials shall bear responsibility established by the legislation of the Russian Federation and the republics within the Russian Federation.

1. If the provision of false or insufficiently complete information about the product (work, service), as well as the manufacturer (executor, seller) entailed:

the purchase of a product (work, service) that does not have the properties necessary for the consumer - he has the right to terminate the contract and demand compensation for the losses caused to him;

the impossibility of using the purchased goods (work, service) for its intended purpose - the consumer has the right to demand the provision of appropriate information within a reasonably short time. If the information is not provided within the agreed period, the consumer has the right to terminate the contract and demand compensation for the losses caused to him;

causing harm to life, health and property of the consumer - he has the right to present the seller (manufacturer, performer) with the requirements provided for in Article 12 of this Law, as well as to demand compensation for losses caused natural objects, which is in the possession of the consumer on the right of ownership, or on other grounds provided for by law or contract.

2. In the event of a systematic violation of the provisions of Articles 7, 8 and 9 of this Law, the manufacturer (executor, seller) on the instructions of the State Committee of the Russian Federation for Antimonopoly Policy and Support for New Economic Structures and its territorial bodies may be liquidated in the manner prescribed by the legislation of the Russian Federation.

3. When considering the consumer's claims for compensation for losses caused by inaccurate or insufficiently complete information about a product (work, service), it is necessary to proceed from the assumption that the consumer has no special knowledge about its properties and characteristics.

1. For violation of the rights of consumers, the seller (manufacturer, performer) shall be liable under this Law. The legislation of the Russian Federation, the republics within the Russian Federation or an agreement between the consumer and the seller (executor) may provide for liability for violation by the latter of obligations for which liability is not established by this Law, as well as determine a higher amount of liability.

2. Losses caused to the consumer as a result of defects in goods (work, services) are subject to compensation in excess of the penalty established by this Law.

3. Payment of a penalty and compensation for damages do not release the seller (manufacturer, performer) from fulfilling the obligations imposed on him by this Law to the consumer.

4. The seller (manufacturer, executor) is released from liability for non-fulfillment or improper performance obligations established by this Law, if he proves that non-fulfillment or improper fulfillment occurred due to force majeure, as well as on other grounds provided for by this Law.

5. The consumer's claims for payment of the penalty provided for by this Law, other acts of legislation on consumer rights or the contract shall be subject to satisfaction by the seller (manufacturer, performer) on a voluntary basis.

6. When meeting the requirements of the consumer ( public organizations consumers) established by this Law, the court shall have the right to make a decision to recover from the seller (manufacturer, performer) who violated the rights of consumers, to the relevant budget a fine in the amount of the price of the claim for non-compliance voluntary order meeting consumer requirements.

1. Harm caused to the life, health or property of the consumer as a result of design, production, prescription and other defects in the goods (work, service) shall be subject to compensation in full, unless the legislative acts of the Russian Federation, the republics within the Russian Federation provide for a higher amount of liability.

2. The right to demand compensation for damage caused due to defects in goods (work, services) is recognized for any injured consumer, regardless of whether he was in contractual relations with the contractor (seller) or not. Damage caused to life, health or property of the consumer is subject to compensation within the established service life (service life), and if the service life is not established, within ten years from the date of manufacture of the goods (acceptance of work, service).

3. Damage caused as a result of defects in the goods revealed during the warranty period or shelf life, and if they are not established, within the periods established in paragraph 1 of Article 18 and in paragraph 2 of Article 30 of this Law, or another, longer period established by the contract is subject to reimbursement by the seller or manufacturer.

Damage caused as a result of defects in the goods that come to light after the expiration of the warranty period is subject to compensation by the manufacturer.

Damage caused due to shortcomings in the work (service) is subject to compensation by the contractor.

4. The manufacturer (executor) shall be liable for harm caused to the life, health and property of the consumer in connection with the use of materials, equipment, instruments, tools and other means necessary for the production of goods (performance of work, provision of services), regardless of whether it allowed level of scientific and technical knowledge reveal their special properties or not.

5. The manufacturer (executor, seller) is released from liability if he proves that the damage was caused due to force majeure or violation by the consumer of the rules of use or storage.

Moral injury, caused to the consumer as a result of a violation by the manufacturer (performer, seller) of his rights provided for by the legislation on the protection of consumer rights, is subject to compensation by the tortfeasor in the presence of his fault. The amount of compensation for harm is determined by the court, unless otherwise provided by legislative acts.

1. The terms of the contract that infringe the rights of consumers in comparison with the rules established by law are recognized as invalid.

If, as a result of the application of the terms of the contract that infringe on the rights of the consumer, he has incurred losses, then they are subject to compensation by the manufacturer (executor, seller) in full.

2. It is prohibited to condition the purchase of some goods (works, services) on the obligatory purchase of others. Losses caused to the consumer as a result of violation of his right to a free choice of goods (works, services) are compensated by trade enterprises, household and other types of services in full.

3. The seller (executor) is not entitled to impose on the consumer additional services provided for a fee. The consumer has the right to demand the return of the amounts paid for the provision without his consent additional services.

The consumer has the right to demand the provision of benefits and benefits to him, if this is provided for by the legislative acts of the Russian Federation, as well as the republics within the Russian Federation.

Protection of consumer rights provided for by law is carried out by the court.

Claims are filed in court at the place of residence of the plaintiff or at the location of the defendant, or at the place of infliction of harm.

Consumers are exempt from paying state duty on claims related to the violation of their rights.

Section II PROTECTION OF CONSUMER RIGHTS IN THE SALES OF GOODS

1. A consumer to whom goods with defects are sold, if they were not specified by the seller, has the right to demand at his choice:

a) gratuitous elimination of defects in the goods or reimbursement of expenses for the correction of defects by the consumer or a third party;

b) a proportional reduction in the purchase price;

c) replacement for a product of a similar brand (model, article);

d) replacement for the same product of another brand (model, article) with a corresponding recalculation of the purchase price;

e) termination of the contract and compensation for damages. With regard to goods sold through retail commission trading enterprises, the consumer's requirements specified in subparagraphs "a" and "c" of paragraph 1 of this article shall be subject to satisfaction with the consent of the seller.

2. The requirements established by paragraph 1 of this article are presented at the choice of the consumer at the place of purchase of the goods or at the location of the consumer.

These requirements at the location of the consumer are fulfilled by trading enterprises established by the seller that sell goods similar to those purchased by the consumer, or trading enterprises that are entrusted with such functions on the basis of an agreement.

The seller and the manufacturer are obliged to inform the consumer about the enterprises that fulfill the requirements established by paragraphs 1 and 3 of this article at the location of the consumer (hereinafter referred to as the enterprises performing their functions). In case of failure to provide this information, they bear the responsibility established by Article 10 of this Law.

The manufacturer of the goods is obliged to reimburse the trade enterprise, which is not the seller of the goods, in full the costs incurred in connection with the satisfaction of the requirements of the consumer provided for by this article, and also pay this trade enterprise an additional amount in the amount of 10 percent of the expenses incurred by him.

The relationship of the manufacturer with the trade enterprise - the seller, established by this article, is regulated by law.

3. The consumer has the right to submit claims for the free elimination of deficiencies or reimbursement of his expenses for their elimination, or for the replacement of goods to the manufacturer of the goods or enterprises created by him for these purposes, or enterprises that fulfill these requirements on the basis of an agreement with the manufacturer (an enterprise performing its functions ).

Instead of presenting these claims, the consumer has the right to return the defective product to the manufacturer and demand a refund of the amount paid for it.

4. In the event that the consumer purchases food products with defects, the seller is obliged to replace them with goods of appropriate quality or return to the buyer the amount paid by him, if the indicated defects are found within the expiration date.

5. The requirements of the consumer are considered upon presentation by the consumer of a commodity (cash) receipt, and for goods for which warranty periods are established - technical passport or other equivalent document.

At the request of the consumer, the seller is obliged to issue him a sales receipt or other document certifying the fact of purchase.

In case of loss by the consumer of a technical passport or other document replacing it, their restoration is carried out in the manner established by the civil procedural legislation Russian Federation.

The seller, manufacturer (enterprise performing their functions) are obliged to accept the goods from the consumer and satisfy his requirements, unless they prove that the defects in the goods arose as a result of the consumer's violation of the rules for use or storage, the actions of third parties or force majeure. The consumer has the right to participate in the quality control of the goods.

6. Delivery of bulky goods and goods weighing more than 5 kg for repair, markdown, replacement and return to the consumer is carried out free of charge by the seller, manufacturer (enterprise performing their functions). In case of failure to fulfill this obligation, as well as in the absence of the seller, manufacturer (enterprise performing their functions) at the location of the consumer, delivery and return of goods can be carried out by the consumer. At the same time, the seller, manufacturer (enterprise performing their functions) are obliged to reimburse him for the necessary costs associated with the delivery and return of the goods.

1. The consumer has the right to present the claims established by Article 17 of this Law, if the defects of the goods were discovered during the warranty period established by the manufacturer.

For goods for which warranty periods are not established, the consumer has the right to present the specified requirements to the manufacturer if the defects were discovered within six months, and in relation to real estate- no later than two years from the date of its transfer to the consumer, if longer periods are not established by law or the contract.

2. For goods whose consumer properties may deteriorate over time or may pose a danger to life, health, property of the consumer and the environment after a certain period of time (food, perfumery and cosmetic products, medicines, household chemicals and others), expiration dates are set.

Sale of expired products is prohibited. With regard to these goods, the requirements of the consumer, established by Article 17 of this Law, are subject to satisfaction if their defects were discovered during the expiration date.

3. The terms specified in paragraph 1 of this article, as well as the service life of the goods, are calculated from the date of its sale to the consumer. If it is impossible to determine the date of sale, these terms are calculated from the date of manufacture.

For seasonal goods (shoes, clothing and others), these periods are calculated from the moment of the onset of the corresponding season, determined based on the climatic conditions of the location of consumers by the Government of the Russian Federation and the Councils of Ministers of the republics within the Russian Federation.

When selling goods by samples, by mail, as well as in cases where the moment of concluding a sales contract and the moment of transferring the goods to the consumer do not coincide, these periods are calculated from the day the goods are delivered to the consumer, and if the goods need special installation (connection) or assembly - from the date of their production. If the day of delivery, installation (connection) or assembly of goods, as well as the transfer of real estate cannot be established, or if it was with the consumer before the conclusion of the purchase and sale agreement - from the date of the conclusion of the purchase and sale agreement.

The expiration date of the goods is calculated from the date of its manufacture. The expiration date is determined either by the period of time during which the product is suitable for use, or the date before which the product is suitable for use.

4. Warranty periods may be established for individual independent components and components of the main product. The warranty period for components and components is calculated in the same manner as the warranty period for the main product.

5. The terms specified in this article are brought to the attention of the consumer in the information about the product provided to him in accordance with article 8 of this Law.

6. The consumer has the right to present the manufacturer with a demand for the free elimination of defects in the goods after the expiration of the warranty period. The specified requirement may be presented during the established service life, and if the service life is not established - within ten years, if significant defects were revealed in the product, which were made through the fault of the manufacturer. If a this requirement is not satisfied within the time limits provided for in Article 19 of this Law, the consumer has the right, at his choice, to present to the manufacturer other requirements established by Article 17 of this Law.

7. The requirements of the consumer, established by Article 17 of this Law, must be presented to the seller, manufacturer (enterprise performing their functions) no later than ten days after the expiration of the periods provided for in this Article.

Deficiencies found in the product must be eliminated by the manufacturer (enterprise performing its functions) within ten days, and by the seller (enterprise performing its functions) - within 20 days from the date of presentation of the relevant requirement by the consumer.

For durable goods, the seller, manufacturer (enterprise performing their functions) are obliged, upon presentation of a demand by the consumer, to immediately provide him with a similar product free of charge for the period of repair with delivery at his own expense. The list of durable goods to which this requirement does not apply is established by the Government of the Russian Federation.

In case of elimination of defects in the product, the warranty period is extended by the time during which the product was not used. The specified time is calculated from the date of the consumer's request to eliminate the deficiencies.

When eliminating defects by replacing a component product or component part of the product for which warranty periods are established, the warranty period for a new component product and constituent part is calculated from the date of issuance of the goods to the consumer from the repair.

If the consumer detects defects in the goods, the seller, manufacturer (enterprise performing their functions) are obliged to replace it immediately, and if necessary, additional checks of the quality of the goods by the seller, manufacturer (enterprise performing their functions) - within 20 days from the date of presentation of the demand by the consumer.

If the seller, manufacturer (enterprise performing their functions) does not have at the time of presentation of the relevant requirement necessary to replace the goods, he must replace it within a month. At the request of the consumer, the seller, manufacturer (enterprise performing their functions) are obliged to provide him free of charge with delivery for temporary use until replacement, a similar durable goods, with the exception of goods, the list of which is established in accordance with part two of Article 19 of this Law.

For regions of the Far North and other regions of seasonal delivery of goods, the consumer's requirement to replace the goods is subject to satisfaction upon his application within the period necessary for the next delivery of the corresponding goods to these areas.

When replacing the goods, the warranty period is calculated anew from the date of its transfer to the consumer.

For each day of delay in the terms specified in Articles 19 and 20 of this Law, as well as for each day of delay in fulfilling the consumer's demand for the provision of a similar product for the period of repair (replacement) of a similar product, the seller, manufacturer (enterprise performing their functions) that committed such violations shall pay the consumer a penalty in the amount of one percent of the value of the goods in the manner prescribed by paragraph 5 of Article 11 of this Law. In case of non-fulfillment of the requirements of the consumer within the time limits provided for in Articles 19 and 20 of this Law, the consumer has the right, at his choice, to present other requirements established by Article 17 of this Law.

When replacing a defective product with a product of the same brand (model, article), in the event of a price change, the cost is not recalculated.

Upon termination of the contract, settlements with the consumer are made in the event of an increase in the price of the goods based on its value at the time of presentation of the corresponding demand, and in the event of a price reduction - based on the value of the goods at the time of purchase.

When replacing a defective product with a product of a different brand (model, article), in the event of an increase in its price, the cost is recalculated based on the price in force at the time of replacement.

In the event of termination of the sale and purchase agreement, the consumers to whom the goods were sold on credit are returned the amount of money in the amount of the loan repaid by the time the goods were returned, and the fee for its provision is also reimbursed.

1. The consumer has the right to exchange a non-food product of good quality for a similar one at the trade enterprise where it was purchased if the product does not fit in shape, size, style, color, size, or for other reasons cannot be used by him for its intended purpose.

The consumer has the right to exchange goods of good quality within 14 days, not counting the day of purchase.

The exchange of goods of good quality is carried out if it has not been in use, its presentation, consumer properties, seals, factory labels, as well as a sales or cash receipt issued to the consumer along with the sold goods are preserved.

The list of goods not subject to exchange on the grounds specified in this article is approved by the Government of the Russian Federation and the Councils of Ministers of the republics within the Russian Federation.

2. In the event that a similar product is not available for sale at the time the consumer contacts the seller, the consumer has the right to terminate the contract at his own choice and demand a refund of the money paid for it. sum of money or exchange the product for a similar one upon the first receipt of the corresponding product on sale. The seller is obliged to inform the consumer who requested the exchange of the goods about its receipt on sale.

The form of payment for purchased goods (cash or non-cash) is determined by agreement between the consumer and the seller.

The sale of goods on credit is carried out in the manner established by the rules for the sale of goods on credit, approved by the Government of the Russian Federation.

When buying goods on credit, the right of ownership of the consumer arises from the moment the goods are transferred to him, unless otherwise provided by the contract.

The rules on certain types of sales contracts, as well as the rules for the sale of certain types of goods, are approved by the Government of the Russian Federation.

Section III PROTECTION OF THE RIGHTS OF CONSUMERS IN THE PERFORMANCE OF WORKS AND PROVISION OF SERVICES

Performer holding dominant position on the market, is obliged to conclude a contract with the consumer for the performance of work or the provision of services, unless he proves that their performance (rendering) is beyond the scope of his statutory activities or production capabilities. At the same time, he must organize his production or other economic activity so that the needs of the citizens are met properly and without interruption. The contractor is obliged to compensate the consumer for losses caused as a result of an unreasonable refusal to conclude a contract for the performance of work or the provision of services.

Rules for household and other types of services (performance of certain types of work, provision of certain types of services) are approved by the Government of the Russian Federation.

1. The contractor is obliged to perform the work (render the service) within the period established by the rules for the performance of certain types of work (rendering certain types of services) or the contract. The contract may provide for a period for the performance of work (rendering a service), if they are not provided for by the said rules, as well as a period of shorter duration than that established by the said rules.

2. The term for the performance of work (rendering a service) may be determined by the date (period of time) by which the work (service) must be performed (rendered), as well as the date (period of time) when the performer must begin to perform (render) it. If the work (service) is performed (provided) in parts (delivery of periodicals, maintenance) during the term of the contract, particular terms (periods) for the performance of work (rendering services) should be provided.

1. If the performer has not started performing the work (rendering the service) in a timely manner, or if during its performance (rendering) it becomes obvious that it will not be performed (rendered) on time, as well as in case of delay in the performance of the work (rendering the service), the consumer has the right of your choice:

appoint a new deadline for the contractor, during which he must begin to perform work (render services) and (or) perform (render) it;

entrust the performance of work (provision of services) to another person at the expense of the contractor;

demand a reduction in remuneration for work (service);

terminate the contract and claim damages.

2. The new deadlines set by the consumer, during which the contractor must begin to perform the work (render the service) and complete it, are indicated in the contract.

In the event of a delay in the appointed new terms for more than one month, the consumer has the right to present other requirements established by paragraph 1 of this article.

3. Upon termination of the contract, if the performer has not started performing the work (rendering the service) in a timely manner or performs (renders) it so slowly that the performance by the deadline becomes impossible, the contractor is not entitled to claim reimbursement of his costs incurred in the course of performing the work ( provision of services), as well as payment for work already performed (service rendered).

Features of the procedure for settlements in such cases may be established by the rules on certain types of work (services).

4. In case of violation of the established deadlines for the start and completion of the performance of work (provision of services), as well as new deadlines assigned by the consumer on the basis of paragraph 1 of this article, the contractor shall pay the consumer for each day (hour, if the deadline is defined in hours) of delay a penalty in the amount of three percent from the cost of the work (service), and if the cost of the work (service) is not separately determined in the contract - the total cost of the order, up to the start of the performance of the work (rendering the service) or the presentation by the consumer of other requirements established by paragraph 1 of this article.

The amount of the penalty collected by the consumer cannot exceed the cost of a particular type of work (service) or the total cost of the order, if the cost of a particular type of work (service) is not determined by the contract.

5. The requirements of consumers, established by paragraph 1 of this article, are not subject to satisfaction if the contractor proves that the delay in the performance of work (provision of services) occurred due to force majeure or through the fault of the consumer.

1. The consumer, upon detection of shortcomings in the work performed (service rendered), has the right, at his choice, to demand:

gratuitous elimination of shortcomings in the work performed (service rendered);

a corresponding reduction in remuneration for the work performed (service rendered);

gratuitous production of another thing from a homogeneous material of the same quality or re-performing work (washing, dry cleaning), or reimbursement of expenses incurred by him to correct deficiencies with his own means or by a third party.

The consumer has the right to terminate the contract and demand compensation for damages if, within the prescribed period, the shortcomings in the work performed (service rendered) were not eliminated by the contractor. The consumer also has the right to terminate the contract if he finds significant shortcomings in the work performed (service rendered) or other significant deviations from the terms of the contract.

2. The requirements established by paragraph 1 of this article may be presented in case of detection of deficiencies in the acceptance of work (service) or in the course of its performance (rendering), and if it is impossible to detect deficiencies in the acceptance of work - during the warranty period, and in its absence - within six months from the date of acceptance of the work. Claims for deficiencies in the building or other real estate that could not be detected upon acceptance of the work may be presented if deficiencies are discovered during the warranty period, and in its absence - within two years from the date of acceptance of the work.

3. The consumer has the right to submit a claim for the free elimination of defects after the expiration of the warranty period. The specified requirement may be presented if during the established period of service (and if the period of service is not established, within ten years from the date of acceptance of the work), significant shortcomings were revealed through the fault of the contractor. If this requirement is not satisfied within the time limits established by Article 31 of this Law, the consumer, at his choice, has the right to demand:

a corresponding reduction in remuneration for work;

reimbursement of expenses incurred by him to eliminate deficiencies with his own funds or by a third party;

termination of the contract and compensation for damages.

4. The claims established by paragraph 1 of this article must be submitted no later than ten days after the expiration of the guarantee period or the periods provided for in paragraphs 2 and 3 of this article.

The shortcomings of the work (service) discovered in the course of its implementation must be eliminated within a proportionate period appointed by the consumer.

Shortcomings of the performed work (rendered service) must be eliminated within twenty days, unless a shorter period is established by the contract (agreement of the parties) when accepting the work (service) or the rules for the performance of certain types of work (rendering certain types of services).

The deadline for eliminating deficiencies set by the consumer or agreed by the parties is fixed in the contract or other document signed by the parties.

For violation of the deadlines for the elimination of deficiencies provided for by this article, the contractor is obliged to pay a penalty in the amount established by the rules for the performance of certain types of work (the provision of certain types of services) or the contract.

The consumer has the right to terminate the contract for the performance of work at any time by paying the contractor remuneration for the work performed and indemnifying him for direct losses caused by the termination of the contract.

A firm or approximate estimate may be drawn up for the performance of the work stipulated by the contract.

The contractor is not entitled to demand payment for work and additional costs, not included in the firm estimate, if the consumer has not agreed to their production or has not instructed the contractor to perform such work.

If there is a need to exceed the approximate estimate, the contractor is obliged to immediately notify the consumer about this. In this case, the consumer has the right to withdraw from the contract by reimbursing the contractor for the costs incurred by him attributable to the work performed, according to the initially determined estimate. If the contractor has not warned the consumer about exceeding the approximate estimate, he is obliged to perform the work without requiring reimbursement of excess costs.

The contractor is obliged to perform the work specified in the contract from his material and with his own means, if the consumer does not require the work to be performed from his material.

The contractor performing work from his material is responsible for its proper quality.

The contractor's material is paid by the consumer at the conclusion of the contract in full or in the amount specified in the rules for the performance of certain types of work or the contract with final settlement upon receipt by the consumer of the work performed by the contractor, unless a different procedure for paying for the materials of the contractor is provided by agreement of the parties.

In cases stipulated by the rules or the contract, the material may be provided by the contractor on credit. A subsequent change in the price of the material provided on credit does not entail a recalculation.

Materials of the performer and necessary for the performance of work technical means, tools, etc. are delivered to the place of work by the contractor.

If the work is performed in whole or in part from the material (with a thing) of the consumer, the performer is responsible for the safety of this material (thing), its correct use.

The contractor is obliged:

warn the consumer about the unsuitability or poor quality of the material (thing) transferred to him;

submit a report on the consumption of the material and return its balance.

The contractor is responsible for the loss and damage of the material (thing) accepted from the consumer.

In case of complete or partial loss (damage) of the material (thing) accepted from the consumer, the contractor is obliged within three days to replace it with a homogeneous material, a thing of similar quality, and in the absence of such - to reimburse the consumer for double the cost of the lost (damaged) material (thing), as well as the costs incurred by the consumer. In the event of complete or partial loss (damage) of the material (thing) of the consumer, the contractor is obliged, at the request of the consumer, to immediately renew the contract and manufacture the product from a homogeneous material (thing) as soon as technically possible.

The contractor is released from liability for total or partial loss (damage) of the material (thing) received from the consumer, if the consumer was warned by the contractor about its special properties that could lead to its loss (damage). Ignorance by the performer of these properties does not relieve him of responsibility.

The cost of the material (thing) transferred to the contractor is determined by the consumer in the contract or other document (receipt, order) confirming its conclusion.

The contractor is obliged to warn the consumer in a timely manner that compliance with the instructions of the consumer and other circumstances depending on the latter threaten the suitability and strength of the work performed.

If the consumer, despite the timely and justified warning of the contractor, does not replace the unsuitable or low-quality material within a reasonable period of time, does not change the instructions on the method of performing the work, or does not eliminate other circumstances that threaten its suitability and durability, the contractor has the right to terminate the contract and recover the damages caused.

The form of payment (cash or non-cash) for the work performed (service rendered) is determined by agreement between the consumer and the contractor.

The consumer is obliged to pay for the work performed by the contractor (service rendered) for the delivery of its entire volume, unless otherwise established by the legislation of the Russian Federation and the republics within the Russian Federation or by the contract.

The performance of work (rendering of services), as well as the provision by the contractor of materials on credit, are carried out in the manner established by the rules on the performance of certain types of work (rendering of certain types of services).

When performing work on credit, the consumer has the right of ownership to its result from the moment he accepts the work.

The consequences of violation of the terms of the contract for the provision of services, which by their nature are not subject to this section, are determined by the legislation of the Russian Federation and the republics within the Russian Federation.

Section IV STATE AND PUBLIC PROTECTION OF CONSUMER RIGHTS

1. In order to protect consumer rights State Committee of the Russian Federation for Antimonopoly Policy and Support for New Economic Structures (hereinafter referred to as the SCAP of Russia) and its territorial bodies:

carry out state control over compliance with the legislation of the Russian Federation on the protection of consumer rights;

stop the monopolistic activity of economic entities and unfair competition in the market consumer goods(works, services);

send instructions to manufacturers (performers, sellers) to stop violations of consumer rights;

file claims in courts, arbitration courts against manufacturers (performers, sellers) in cases of violations of consumer rights.

2. The SCAP of Russia has the right to conclude agreements with manufacturers (executors, sellers) on their compliance with the rules and customs of business transactions in the interests of consumers.

The SCAP of Russia gives official clarifications on the application of the legislation of the Russian Federation on consumer protection.

1. In order to ensure the safety of goods (works, services), the State Committee of the Russian Federation for Standardization, Metrology and Certification under the President of the Russian Federation (hereinafter referred to as Gosstandart of Russia), the State Committee for Sanitary and Epidemiological Surveillance of the Russian Federation, the Ministry of Ecology and Natural Resources of the Russian Federation and other government bodies exercising control over the safety of goods (works, services) within their competence:

establish mandatory requirements for the safety of goods (works, services) and exercise control over compliance with these requirements;

send orders to eliminate violations of the requirements for the safety of goods (works, services), withdraw from production, stop the production and sale of such goods (works, services), recall them from consumers, as well as inform consumers about this;

file suits in courts, arbitration courts against manufacturers (performers, sellers) in case of violation by them of the requirements for the safety of goods (works, services).

2. Coordination of the activities of government bodies exercising control over the safety of goods (works, services) in this area is assigned to the State Standard of Russia.

3. Gosstandart of Russia is the national body for certification of goods (works, services). In accordance with this Gosstandart of Russia:

determines the procedure for certification of goods (works, services);

determines the range of goods (works, services) subject to mandatory certification;

accredits bodies for certification of certain types of goods (works, services), as well as testing laboratories (centers) for conducting relevant tests, grants other legal entities the right to accreditation;

exercises control over the correctness of the certification of goods (works, services);

leads State Register certified goods (works, services), accredited certification bodies, testing laboratories (centers);

makes decisions on the recognition of certificates issued by foreign and international bodies;

represents the Russian Federation in relations with foreign countries and international organizations on issues of certification of goods (works, services).

(As amended by the Law of the Russian Federation dated 02.06.93 N 5076-1)

1. The SCAP of Russia has the right to impose a fine on manufacturers (executors, sellers) for evasion or untimely execution of its orders to stop violations of consumer rights in the amount of up to 1 million rubles.

2. Gosstandart of Russia and other government bodies exercising control over the safety of goods (works, services), within their competence, have the right to impose a fine in the following cases:

evasion from execution or untimely execution of their instructions by the manufacturer (executor, seller) - up to 1 million rubles;

causing damage to consumers by goods (works, services) that do not meet the latest safety requirements - in the amount of the amount of damage caused to consumers; if such damage cannot be determined - in the amount of up to 1 million rubles;

violation of the rules for certification of goods (works, services) by certification bodies, testing laboratories(centers) - in the amount of double the cost of certification works, and by the manufacturer (executor, seller) - in the amount of the cost of goods (works, services) sold with violations of the certification rules.

3. Heads of enterprises and certification bodies shall be liable for violations provided for in paragraphs 1 and 2 of this article in the form of a fine imposed by the SCAP of Russia, the State Standard of Russia and other bodies exercising control over the safety of goods (works, services), in the amount of up to three official salaries.

4. Manufacturers (performers, sellers) of goods (works, services) have the right to apply to a court, an arbitration court with an application to invalidate, in whole or in part, the instructions of the CCAP of Russia, the State Standard of Russia and other bodies exercising control over the safety of goods (works, services), or on the annulment or amendment of decisions to impose a fine.

The filing of an application shall not suspend an order or decision to impose a fine pending its consideration in a court or arbitral tribunal, if the court or arbitration court no ruling was issued to suspend the execution of these acts.

1. local administration establishes consumer protection bodies.

2. Bodies for the protection of consumer rights under the local administration:

consider consumer complaints, advise them on consumer protection legislation;

analyze contracts concluded by sellers (performers, manufacturers) with consumers in order to identify conditions that infringe on the rights of consumers;

collect information on damage to life, health or property of consumers caused by dangerous goods (works, services), and send it to the State Standard of Russia (its territorial bodies);

if consumers detect deficiencies in goods (works, services) or identify dangerous goods (works, services), they immediately notify the relevant services of the State Standard of Russia, the State Committee for Administrative Offenses of Russia and other government bodies exercising control over the safety of goods (works, services);

in order to protect the rights of consumers, they bring claims to the courts on their own initiative or on behalf of the consumer (group of consumers), or in the interests of an indefinite number of consumers.

1. Citizens have the right to unite on a voluntary basis in public consumer organizations that carry out their activities in accordance with the legislation of the Russian Federation and the republics within the Russian Federation.

2. Public organizations of consumers have the right to:

participate in the development of requirements for the safety of goods (works, services), as well as standards establishing these requirements;

conduct an independent examination of the quality and safety of goods (works, services);

check compliance with the rights of consumers and the rules of trade, consumer and other types of services;

submit proposals to government bodies, enterprises, organizations and institutions on measures to improve the quality of goods (works, services), to phase out, withdraw from circulation goods (works, services) hazardous to life, health, property of consumers, and environment;

participate, together with government bodies, in exercising control over the application of regulated prices;

submit to the prosecutor's office and state administration bodies materials on bringing to justice those responsible for the production and sale of goods (works, services) that do not comply with established requirements on safety and quality;

bring claims in the interests of consumers who are not members of public consumer organizations in case of violation of their rights provided for by the legislation on the protection of consumer rights of the Russian Federation and the republics within the Russian Federation.

Public organizations of consumers have the right to file a lawsuit in court to recognize the actions of the seller, manufacturer (enterprise performing their functions), performer as illegal in relation to an indefinite number of consumers and stop these actions.

When satisfying such a claim, the court obliges the offender to bring the decision of the court to the attention of consumers within the time period established by him through the mass media or in another way.

entered into legal effect a court decision on recognizing the actions of the seller, manufacturer (enterprise performing their functions), performer as unlawful in relation to an indefinite number of consumers is mandatory for the court considering the consumer's claim on the civil law consequences of their actions on the issues of whether these actions took place and whether they were committed by these persons.

The president
Russian Federation
B. YELTSIN

Moscow, House of Soviets of Russia

The Zakonbase website presents the LAW of the Russian Federation dated February 7, 1992 N 2300-I (as amended on June 2, 1993) "ON PROTECTION OF CONSUMER RIGHTS" in the latest edition. It is easy to comply with all legal requirements if you familiarize yourself with the relevant sections, chapters and articles of this document for 2014. To search for the necessary legislative acts on a topic of interest, you should use convenient navigation or advanced search.

On the website "Zakonbase" you will find the LAW of the Russian Federation dated 07.02.92 N 2300-I (as amended on 02.06.93) "ON PROTECTION OF CONSUMER RIGHTS" in fresh and full version in which all changes and amendments have been made. This guarantees the relevance and reliability of the information.

List of changes taken into account: dated 09.01.1996 N 2-FZ, dated 17.12.1999 N 212-FZ, dated 30.12.2001 N 196-FZ, dated 22.08.2004 N 122-FZ, dated 02.11.2004 N 127-FZ, dated 12/21/2004 N 171-FZ, 07/27/2006 N 140-FZ, 10/16/2006 N 160-FZ, 11/25/2006 N 193-FZ, 10/25/2007 N 234-FZ, 07/23/2008 N 160 -FZ, dated 06/03/2009 N 121-FZ, dated 11/23/2009 N 261-FZ, dated 06/27/2011 N 162-FZ, dated 07/18/2011 N 242-FZ, dated 06/25/2012 N 93-FZ, dated 28.07 .2012 N 133-FZ, dated 07/02/2013 N 185-FZ, dated 12/21/2013 N 363-FZ, dated 05/05/2014 N 112-FZ, dated 07/13/2015 N 233-FZ, dated 07/03/2016 N 265- FZ, dated 05/01/2017 N 88-FZ, dated 04/18/2018 N 81-FZ, dated 06/04/2018 N 133-FZ, dated 07/29/2018 N 250-FZ, dated 03/18/2019 N 38-FZ, dated 18.07. 2019 N 191-FZ, dated 02.12.2019 N 425-FZ

This Law regulates relations arising between consumers and manufacturers, performers, importers, sellers, owners of aggregators of information about goods (services) in the sale of goods (performance of works, provision of services), establishes the rights of consumers to purchase goods (works, services) of appropriate quality and safe for life, health, property of consumers and the environment, obtaining information about goods (works, services) and their manufacturers (performers, sellers), about the owners of aggregators of information about goods (services), education, state and public protection of their interests, and also determines the mechanism for the implementation of these rights.

The main concepts used in the Consumer Rights Protection Law:

consumer- a citizen who intends to order or purchase or ordering, acquiring or using goods (works, services) solely for personal, family, household and other needs not related to entrepreneurial activities;

manufacturer- an organization, regardless of its organizational and legal form, as well as an individual entrepreneur producing goods for sale to consumers;

executor- an organization, regardless of its organizational and legal form, as well as an individual entrepreneur performing work or providing services to consumers under a reimbursable contract;

salesman- an organization, regardless of its organizational and legal form, as well as an individual entrepreneur selling goods to consumers under a sales contract;

lack of goods (work, services)- non-compliance of the goods (work, service) or the mandatory requirements provided for by law or in the manner prescribed by it, or the terms of the contract (in their absence or incompleteness of the conditions with the usual requirements), or the purposes for which the goods (work, service) of this kind are usually used , or the purposes of which the seller (executor) was informed by the consumer at the conclusion of the contract, or the sample and (or) description when selling the goods according to the sample and (or) according to the description;

a significant lack of goods (work, services)- an irreparable defect or a defect that cannot be eliminated without disproportionate costs or time, or is detected repeatedly, or reappears after its elimination, or other similar disadvantages;

safety of goods (works, services)- safety of the goods (work, service) for life, health, property of the consumer and the environment under normal conditions of its use, storage, transportation and disposal, as well as the safety of the process of performing work (rendering a service);

an organization authorized by the manufacturer (seller) or an individual entrepreneur authorized by the manufacturer (seller) (hereinafter referred to as an authorized organization or an authorized individual entrepreneur) is an organization engaged in certain activities, or an organization established in the territory of the Russian Federation by a manufacturer (seller), including a foreign manufacturer ( a foreign seller) performing certain functions on the basis of an agreement with the manufacturer (seller) and authorized by him to accept and satisfy the requirements of consumers in relation to goods of inadequate quality, or an individual entrepreneur registered in the Russian Federation, performing certain functions on the basis of an agreement with the manufacturer (seller) ), including with a foreign manufacturer (foreign seller), and authorized by him to accept and satisfy the requirements of consumers in relation to goods of inadequate quality;

importer- an organization, regardless of the legal form, or an individual entrepreneur, importing goods for their subsequent sale on the territory of the Russian Federation.

owner of the aggregator of information about goods (services)(hereinafter - the owner of the aggregator) - an organization, regardless of the legal form or an individual entrepreneur, who are the owners of the program for electronic computers and (or) the owners of the site and (or) the page of the site in the information and telecommunication network "Internet" and which provide the consumer with respect to a certain product (service) the opportunity to simultaneously familiarize themselves with the seller's (executor's) offer to conclude a contract for the sale of goods (a contract for paid provision of services), conclude a sales contract with the seller (executor) (contract for the provision of services for a fee), as well as make an advance payment for the specified goods (services) by transferring Money to the owner of the aggregator within the framework of the applicable forms of non-cash payments in accordance with paragraph 3 of Article 16.1 of this Law and Federal Law No. 161-FZ of June 27, 2011 “On the National Payment System”.

Chapter I. General Provisions

Article 1. Legal regulation of relations in the field of consumer protection

1. Relations in the field of consumer protection are regulated Civil Code of the Russian Federation, this LOZPP, other federal laws (hereinafter referred to as laws) and other regulatory legal acts of the Russian Federation adopted in accordance with them.

2. The Government of the Russian Federation is not entitled to instruct federal executive bodies to adopt acts containing norms on the protection of consumer rights.

the government of the Russian Federation has the right to issue for the consumer and the seller (manufacturer, performer, authorized organization or authorized individual entrepreneur, importer) rules that are mandatory when concluding and executing public contracts (contracts for retail purchase and sale, energy supply, contracts for the performance of work and the provision of services) .

Article 2. International treaties of the Russian Federation

if an international treaty of the Russian Federation establishes other rules on the protection of consumer rights than those provided for by the law on the protection of consumer rights, the rules of the international treaty shall apply.

Article 3. The right of consumers to education in the field of consumer protection

The right of consumers to education in the field of consumer protection is ensured by including relevant requirements in federal state educational standards and educational programs, as well as by organizing a system of consumer information about their rights and about the necessary actions to protect these rights.

Article 4. Quality of goods (works, services)

1. The seller (executor) is obliged to transfer to the consumer a product (perform work, provide a service), the quality of which corresponds to the contract.

2. If there are no conditions in the contract on the quality of goods (work, services), the seller (executor) is obliged to transfer to the consumer goods (perform work, provide services) that meet the usual requirements and are suitable for the purposes for which the goods (work, service) of this kind commonly used.

3. if the seller (executor) at the conclusion of the contract was informed by the consumer about the specific purposes of the acquisition of goods (performance of work, provision of services), the seller (executor) is obliged to transfer to the consumer the goods (perform work, provide a service) suitable for use in accordance with these goals.

4. When selling goods according to the sample and (or) description, the seller is obliged to transfer to the consumer goods that correspond to the sample and (or) description.

4.1. When selling certain types of technically complex goods with pre-installed programs for electronic computers, the consumer is provided with the opportunity to use certain types of
technically complex goods with pre-installed Russian programs for electronic computers. The list of certain types of these technically complex goods, the procedure for compiling and maintaining the list Russian programs for electronic computers that must be pre-installed, and the procedure for their pre-installation is determined by the Government of the Russian Federation.

5. if the laws or the procedure established by them provide for mandatory requirements for a product (work, service), the seller (executor) is obliged to transfer to the consumer the product (perform work, provide a service) that meets these requirements.

Article 5

1. For a product (work) intended for long-term use, the manufacturer (executor) has the right to establish a service life - the period during which the manufacturer (executor) undertakes to provide the consumer with the opportunity to use the product (work) for its intended purpose and be liable for significant shortcomings on the basis of and the Consumer Protection Act.

2. The manufacturer (executor) is obliged to establish the service life of a durable product (work), including components (parts, assemblies, assemblies), which, after a certain period, may pose a danger to the life, health of the consumer, harm his property or the environment. environment.

3. The service life of a product (work) can be calculated in units of time, as well as other units of measurement (kilometers, meters and other units of measurement based on the functional purpose of the product (result of work)).

4. For foodstuffs, perfumery and cosmetic products, medicines, household chemicals and other similar goods (works), the manufacturer (executor) is obliged to establish an expiration date - the period after which the goods (work) are considered unsuitable for their intended use.

5. Sale of goods (performance of work) after the expiration of the established expiration date, as well as goods (performance of work) for which an expiration date should be set, but it is not set, is prohibited.

6. The manufacturer (executor) has the right to establish a warranty period for the product (work) - the period during which, if a defect is found in the product (work), the manufacturer (executor), seller, authorized organization or authorized individual entrepreneur, importer are obliged to satisfy the requirements of the consumer, set forth in the Articles and of this LOCA.

The manufacturer has the right to assume an obligation in relation to the defects of the goods discovered after the expiration of the warranty period established by him (additional obligation).

7. The seller has the right to establish a warranty period for the goods, if it is not established by the manufacturer.

The seller has the right to assume an obligation in respect of defects in the goods discovered after the expiration of the warranty period established by the manufacturer (additional obligation).

8. The manufacturer (seller) is responsible for the defects of the goods discovered during the period of validity of the additional obligation, in accordance with this law, and after the expiration of the period of validity of the additional obligation, in accordance with this law.

Article 6. Obligation of the manufacturer to ensure the possibility of repair and maintenance of the goods

The manufacturer is obliged to ensure the possibility of using the product during its service life. For this purpose, the manufacturer ensures the repair and maintenance of the goods, as well as the release and supply to trade and repair organizations in the volume and assortment of spare parts necessary for repair and maintenance during the period of production of the goods and after its removal from production During the service life of the goods, and in the absence of such a period within ten years from the date of transfer of the goods to the consumer.

Article 7. Consumer's right to safety of goods (work, services)

1. The consumer has the right to ensure that the product (work, service) under normal conditions of its use, storage, transportation and disposal is safe for the life, health of the consumer, the environment, and does not harm the consumer's property. The requirements that must ensure the safety of the goods (work, service) for the life and health of the consumer, the environment, as well as the prevention of harm to the consumer's property, are mandatory and are established by law or in the manner prescribed by it.

2. The manufacturer (executor) is obliged to ensure the safety of the goods (work) during the established service life or shelf life of the goods (work).

2. The requirements specified in paragraph 1 of this article are presented by the consumer to the seller or an authorized organization or an authorized individual entrepreneur.

3. The consumer has the right to present the requirements specified in paragraphs two and five of paragraph 1 of this article to the manufacturer, authorized organization or authorized individual entrepreneur, importer.

Instead of presenting these requirements, the consumer has the right to return the goods of inadequate quality to the manufacturer or importer and demand the return of the amount paid for it.

4. No longer valid. - Federal Law of October 25, 2007 N 234-FZ.

5. The consumer does not have a cash register or sales receipt or any other document certifying the fact and conditions of the purchase of goods, is not a basis for refusing to satisfy his requirements.

the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, importer are obliged to accept the goods of inadequate quality from the consumer and, if necessary, to check the quality of the goods. The consumer has the right to participate in the quality control of the goods.

In the event of a dispute about the causes of defects in the goods, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer are obliged to conduct an examination of the goods at their own expense. Examination of the goods is carried out within the time limits established by Articles and of this Law on the Protection of Consumer Rights in order to meet the relevant requirements of the consumer. The consumer has the right to be present during the examination of the goods and, in case of disagreement with its results, to challenge the conclusion of such an examination in court.

if, as a result of the examination of the goods, it is established that its defects have arisen due to circumstances for which the seller (manufacturer) is not responsible, the consumer is obliged to reimburse the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer for the costs of conducting an examination, as well as related to its conduct storage and transportation costs.

6. The seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer shall be liable for the defects of the goods for which the warranty period is not established, if the consumer proves that they arose before the transfer of the goods to the consumer or for reasons that arose before that moment.

In relation to the goods for which the warranty period is established, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer is responsible for the defects of the goods, unless he proves that they arose after the transfer of the goods to the consumer due to the violation by the consumer of the rules for the use, storage or transportation of the goods, actions of third parties or force majeure.

7. Delivery of bulky goods and goods weighing more than five kilograms for repair, markdown, replacement and (or) their return to the consumer is carried out by and at the expense of the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer). in case of failure to fulfill this obligation, as well as in the absence of the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) at the location of the consumer, the delivery and (or) return of these goods may be carried out by the consumer. At the same time, the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) is obliged to reimburse the consumer for the costs associated with the delivery and (or) return of these goods.

Article 19

1. The consumer has the right to make claims against the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) provided for in this LOCA in relation to product defects if they are discovered during the warranty period or shelf life.

With regard to goods for which no warranty or expiration dates have been established, the consumer has the right to make these claims if the defects of the goods are discovered within a reasonable time, but within two years from the date of their transfer to the consumer, unless longer periods are established by law or contract.

2. The warranty period of the goods, as well as the period of its service, is calculated from the day the goods are transferred to the consumer, unless otherwise provided by the contract. if it is impossible to determine the day of transfer, these terms are calculated from the date of manufacture of the goods.

For seasonal goods (shoes, clothing and others), these periods are calculated from the moment of the onset of the corresponding season, the onset of which is determined by the constituent entities of the Russian Federation, respectively, based on the climatic conditions of the location of consumers.

When selling goods by samples, by mail, as well as in cases where the moment of conclusion of the contract of sale and the moment of transfer of the goods to the consumer do not coincide, these periods are calculated from the day the goods are delivered to the consumer. if the consumer is deprived of the opportunity to use the product due to circumstances that depend on the seller (in particular, the product needs a special installation, connection or assembly, it has defects), the warranty period does not run until the seller eliminates such circumstances. if the day of delivery, installation, connection, assembly of the goods, elimination of circumstances dependent on the seller, due to which the consumer cannot use the goods for their intended purpose, cannot be determined, these periods are calculated from the date of conclusion of the contract of sale.

the expiration date of the goods is determined by the period calculated from the date of manufacture of the goods, during which it is suitable for use, or the date before which the goods are suitable for use.

The duration of the shelf life of the goods must comply with the mandatory requirements for the safety of the goods.

3. Warranty periods may be established for components and components of the main product. Warranty periods for components and components are calculated in the same manner as the warranty period for the main product.

The warranty periods for components and components of the goods are considered equal to the warranty period for the main product, unless otherwise provided by the contract. If a warranty period of a shorter duration is established for a component product and an integral part of the product in the contract than the warranty period for the main product, the consumer has the right to make claims related to the shortcomings of the component product and the component part of the product, if they are discovered during the warranty period for the main product unless otherwise provided by the contract.

if a component product has a warranty period longer than the warranty period for the main product, the consumer has the right to make claims regarding the defects of the product, provided that the defects of the component product are discovered during the warranty period for this product, regardless of the expiration of the warranty period for the main product.

4. The terms specified in this article are brought to the attention of the consumer in the information about the product provided to the consumer in accordance with this law on the protection of consumer rights.

5. In cases where the warranty period provided for by the contract is less than two years and the defects of the goods are discovered by the consumer after the expiration of the warranty period, but within two years, the consumer has the right to present the seller (manufacturer) with the requirements provided for by this law, if he proves that the defects of the goods have arisen before its transfer to the consumer or for reasons that arose before that moment.

6. In case of revealing significant defects in the goods, the consumer has the right to present to the manufacturer (an authorized organization or an authorized individual entrepreneur, importer) a demand for the free elimination of such defects, if he proves that they arose before the transfer of the goods to the consumer or for reasons that arose before that moment. The specified requirement may be presented if the defects of the goods are discovered after two years from the date of transfer of the goods to the consumer, during the service life established for the goods, or within ten years from the date of transfer of the goods to the consumer in case of non-establishment of the service life. If the specified requirement is not satisfied within twenty days from the date of its presentation by the consumer or the defect of the goods discovered by him is irreparable, the consumer, at his choice, has the right to present to the manufacturer (authorized organization or authorized individual entrepreneur, importer) other requirements provided for by this law or return the goods to the manufacturer (authorized organization or an authorized individual entrepreneur, importer) and demand a refund of the amount paid.

Article 20. Elimination of defects in goods by the manufacturer (seller, authorized organization or authorized individual entrepreneur, importer)

1. if the term for the elimination of defects in the goods is not defined in writing by agreement of the parties, these shortcomings must be eliminated by the manufacturer (seller, authorized organization or authorized individual entrepreneur, the importer) immediately, that is, within the minimum period objectively necessary to eliminate them, taking into account the method usually used. The term for eliminating defects in goods, determined in writing by agreement of the parties, may not exceed forty-five days.

If during the elimination of defects in the goods it becomes obvious that they will not be eliminated within the period specified by the agreement of the parties, the parties may conclude an agreement on a new period for the elimination of defects in the goods. At the same time, the absence of spare parts (parts, materials), equipment necessary to eliminate the shortcomings of the goods, equipment or similar reasons are not grounds for concluding an agreement on such a new period and do not exempt from liability for violation of the period initially determined by agreement of the parties.

2. With regard to durable goods, the manufacturer, seller or authorized organization or authorized individual entrepreneur shall be obliged, upon presentation of the specified requirement by the consumer, within three days to provide the consumer free of charge for the repair period with durable goods having the same basic consumer properties, providing delivery at their own expense. The list of durable goods to which this requirement does not apply is established by the Government of the Russian Federation.

3. In case of elimination of defects in the goods, the warranty period for it is extended for the period during which the goods were not used. The specified period is calculated from the day the consumer applied with a requirement to eliminate the defects of the goods until the day of its issuance upon completion of the repair. When issuing goods, the manufacturer (seller, authorized organization or authorized individual entrepreneur, importer) is obliged to provide in writing to the consumer information on the date of the consumer's request to eliminate the defects of the goods discovered by him, on the date of transfer of the goods by the consumer to eliminate the defects of the goods, on the date of elimination of the defects of the goods with their description, on the used spare parts (parts, materials) and on the date of issue of the goods to the consumer upon completion of the elimination of defects in the goods.

4. When eliminating defects in the goods by replacing a component or component of the main product for which warranty periods are established, a warranty period of the same duration is established for the new component or component of the main product as for the replaced component or component of the main product, unless otherwise provided by the contract, and the warranty period is calculated from the date of issuance of this product to the consumer upon completion of the repair.

Article 21. Replacement of goods of inadequate quality

1. In the event that the consumer detects defects in the goods and submits a demand for its replacement, the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) is obliged to replace such goods within seven days from the date of presentation of the specified requirement by the consumer, and, if necessary, an additional check of the quality of such goods by the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) - within twenty days from the date of presentation of the specified requirement.

if the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) does not have the goods necessary for replacement at the time of presentation of the demand, the replacement must be carried out within a month from the date of presentation of such a demand.

In the districts extreme north and areas equated to them, the demand of the consumer to replace the goods is subject to satisfaction upon his application within the period necessary for the next delivery of the corresponding goods to these areas, if the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) does not have the necessary to replace the goods with the date of the submission of the said request.

if it takes more than seven days to replace the goods, at the request of the consumer, the seller (manufacturer or an authorized organization or an authorized individual entrepreneur), within three days from the date of presentation of the request for the replacement of goods, is obliged to provide the consumer for temporary use for the period of replacement with durable goods with these the same basic consumer properties, ensuring its delivery at your own expense. This rule does not apply to goods, the list of which is determined in accordance with this law on the protection of consumer rights.

2. A product of inadequate quality must be replaced with a new product, that is, with a product that has not been in use.

When replacing the goods, the warranty period is calculated anew from the date of transfer of the goods to the consumer.

Article 22

The consumer’s claims for a commensurate reduction in the purchase price of the goods, reimbursement of expenses for correcting defects in the goods by the consumer or a third party, the return of the amount of money paid for the goods, as well as the claim for compensation for losses caused to the consumer as a result of the sale of goods of inadequate quality or the provision of inadequate information about the goods, are subject to satisfaction by the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) within ten days from the date of presentation of the relevant request.

Article 23

1. For violation of the terms provided for by Articles and this Law on the Protection of Consumer Rights, as well as for failure to fulfill (delay in fulfillment) the consumer’s demand to provide him with a similar product for the period of repair (replacement) of a similar product, the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) who has committed such violations, pays the consumer for each day of delay a penalty (penalty) in the amount of one percent of the price of the goods.

The price of the goods is determined on the basis of its price that existed in the place where the consumer's claim was to be satisfied by the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer), on the day of voluntary satisfaction of such a claim or on the day of the court decision, if the demand was not voluntarily satisfied.

2. In case of non-fulfillment of the requirements of the consumer within the time limits provided for in the Articles of this law, the consumer has the right, at his choice, to present other requirements established by this law.

Article 23.1. Consequences of violation by the seller of the deadline for the transfer of prepaid goods to the consumer

1. The contract of sale, which provides for the obligation of the consumer to pay for the goods in advance, must contain a condition on the term for the transfer of the goods to the consumer.

2. If the seller, having received the advance payment amount in the amount determined by the purchase and sale agreement, has not fulfilled the obligation to transfer the goods to the consumer within the period established by such an agreement, the consumer, at his choice, has the right to demand:

• transfer of the paid goods within the new period established by him;
• refund of the amount of advance payment for goods not transferred by the seller.

At the same time, the consumer is also entitled to demand full compensation for losses caused to him as a result of violation of the deadline for the transfer of prepaid goods established by the contract of sale.

3. In case of violation of the deadline for the transfer of the prepaid goods to the consumer, established by the purchase and sale agreement, the seller shall pay him for each day of delay a penalty (penalty) in the amount of half a percent of the amount of the prepayment for the goods.

The penalty (penalty) is collected from the day when, under the contract of sale, the transfer of goods to the consumer should have been carried out, until the day the goods were transferred to the consumer or until the day the consumer's demand for the return of the amount previously paid by him is satisfied.

The amount of the penalty (penalty) collected by the consumer cannot exceed the amount of the advance payment for the goods.

4. The requirements of the consumer for the return of the amount paid for the goods and for the full compensation for losses are subject to satisfaction by the seller within ten days from the date of presentation of the relevant requirement.

5. The requirements of the consumer, established by paragraph 2 of this article, shall not be satisfied if the seller proves that the violation of the terms for the transfer of the prepaid goods to the consumer occurred due to force majeure or through the fault of the consumer.

Article 24

1. When replacing goods of inadequate quality with goods of the same brand (the same model and (or) article), the price of the goods is not recalculated.

2. When replacing goods of inadequate quality with the same goods of a different brand (model, article), if the price of the goods to be replaced is lower than the price of the goods provided in exchange, the consumer must pay the difference in prices; if the price of the goods to be replaced is higher than the price of the goods provided in exchange, the difference in prices shall be paid to the consumer. The price of the goods to be replaced is determined at the time of its replacement, and if the consumer's demand is not satisfied by the seller, the price of the goods to be replaced and the price of the goods transferred in exchange are determined at the time the court decides to replace the goods.

3. If the consumer makes a demand for a commensurate reduction in the purchase price of the goods, the price of the goods at the time the consumer presents the demand for a reduction or, if it is not voluntarily satisfied, at the time the court decides on a commensurate reduction in the purchase price, shall be taken into account.

4. When returning goods of inadequate quality, the consumer has the right to demand compensation for the difference between the price of the goods, established by the agreement, and the price of the relevant goods at the time of voluntary satisfaction of such a claim or, if the claim is not voluntarily satisfied, at the time of the court's decision.

5. In the event of the return of goods of inadequate quality sold on credit, the consumer shall be refunded the amount of money paid for the goods in the amount of the loan repaid by the day of return of the specified goods, and the payment for the provision of the loan shall be reimbursed.

6. In the event of the return of goods of inadequate quality purchased by the consumer at the expense of a consumer credit (loan), the seller is obliged to return to the consumer the amount of money paid for the goods, as well as to reimburse the interest paid by the consumer and other payments under the consumer credit (loan) agreement.

Article 25

1. The consumer has the right to exchange a non-food product of good quality for a similar product from the seller from whom this product was purchased, if specified item did not fit in shape, dimensions, style, color, size or configuration.

The consumer has the right to Exchange a non-food product of good quality within fourteen days, not counting the day of its purchase.

The exchange of a non-food product of good quality is carried out if the specified product was not in use, its presentation, consumer properties, seals, factory labels are preserved, and there is also a sales receipt or cash receipt or other document confirming payment for the specified product. The consumer does not have a sales receipt or cash receipt or other document confirming the payment for the goods does not deprive him of the opportunity to refer to witness testimony.

The list of goods not subject to exchange on the grounds specified in this article is approved by the Government of the Russian Federation.

2. If a similar product is not available for sale on the day the consumer applies to the seller, the consumer has the right to refuse to fulfill the contract of sale and demand the return of the amount of money paid for the specified product. The demand of the consumer for the return of the amount of money paid for the specified goods is subject to satisfaction within three days from the date of return of the specified goods.

By agreement between the consumer and the seller, the exchange of goods may be provided for when a similar product goes on sale. The seller is obliged to immediately inform the consumer about the receipt of a similar product on sale.

Article 26 - Federal Law of October 25, 2007 N 234-FZ.

Article 26.1. Remote method of selling goods

1. A retail sale contract may be concluded on the basis of familiarization of the consumer with the description of the goods proposed by the seller through catalogs, brochures, booklets, photographs, means of communication (television, postal, radio communications and others) or other means that exclude the possibility of direct acquaintance of the consumer with the goods or sample goods at the conclusion of such an agreement (remote method of selling goods) by methods.

2. Before the conclusion of the contract, the seller must provide the consumer with information on the main consumer properties of the goods, on the address (location) of the seller, on the place of manufacture of the goods, on the full trade name (name) of the seller (manufacturer), on the price and on the conditions for the acquisition of goods, about its delivery, service life, shelf life and warranty period, about the procedure for paying for the goods, as well as about the period during which the offer to conclude a contract is valid.

3. At the time of delivery of the goods, the consumer must be provided in writing with information about the goods provided for by this Law on the Protection of Consumer Rights, as well as information provided for in paragraph 4 of this article on the procedure and terms for returning the goods.

4. The consumer has the right to refuse the goods at any time before its transfer, and after the transfer of the goods - within seven days.

If information on the procedure and terms for returning goods of good quality was not provided in writing at the time of delivery of the goods, the consumer has the right to refuse the goods within three months from the date of transfer of the goods.

Return of goods of proper quality is possible if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified goods are preserved. The lack of a document confirming the fact and conditions of the purchase of goods by the consumer does not deprive him of the opportunity to refer to other evidence of the purchase of goods from this seller.

The consumer does not have the right to refuse goods of proper quality, having individually defined properties, if the specified product can be used exclusively by the consumer who purchases it.

If the consumer refuses the goods, the seller must return to him the amount of money paid by the consumer under the contract, with the exception of the seller's expenses for the delivery of the returned goods from the consumer, no later than ten days from the date the consumer presents the relevant demand.

5. The consequences of the sale of goods of inadequate quality by the remote method of selling goods are established by the provisions provided for in the Articles 18 - 24 of this POZPP.

Article 26.2. Rules for the sale of certain types of goods

The rules for the sale of certain types of goods are established by the Government of the Russian Federation.

Chapter III. Protection of consumer rights when performing work (rendering services)

Article 27

1. The contractor is obliged to carry out the performance of work (rendering of services) within the time period established by the rules for the performance of certain types of work (rendering of certain types of services) or the contract for the performance of work (rendering of services). the contract for the performance of work (rendering of services) may provide for a period for the performance of work (rendering of services), if it is not provided for by the said rules, as well as a period of shorter duration than the period established by the said rules.

2. The term for performing work (rendering a service) may be determined by the date (period) by which the performance of work (rendering of a service) must be completed and/or the date (period) by which the performer must start performing work (rendering a service).

3. If the performance of work (provision of services) is carried out in parts (delivery of periodicals, technical maintenance) during the term of the contract for the performance of works (provision of services), appropriate periods (periods) for the performance of such works (provision of services) should be provided.

By agreement of the parties, the contract may also provide for the completion of individual stages of work (interim periods).

Article 28

1. if the contractor has violated the deadlines for the performance of work (rendering of services) - the dates for the start and (or) completion of the performance of work (rendering of services) and (or) intermediate deadlines for the performance of work (rendering of services) or during the performance of work (rendering of services) became obvious, that it will not be completed on time, the consumer, at his choice, has the right:

• assign a new term to the contractor;
• entrust the performance of work (provision of services) to third parties for a reasonable price or perform it on their own and require the contractor to reimburse the costs incurred;
• demand a reduction in the price for the performance of work (provision of services);
• refuse to fulfill the contract for the performance of work (provision of services).

The consumer has the right to demand also full compensation for losses caused to him in connection with the violation of the deadlines for the performance of work (provision of services). Losses are reimbursed within the time limits established to meet the relevant requirements of the consumer.

2. The new deadlines for the performance of work (rendering of services) appointed by the consumer are indicated in the contract for the performance of work (rendering of services).

In the event of a delay in the new terms, the consumer has the right to present other requirements to the contractor, established by paragraph 1 of this article.

3. The price of the work performed (service rendered) returned to the consumer In case of refusal to execute the contract on the performance of work (service rendering), as well as taken into account when reducing the price of the work performed (service rendered), is determined in accordance with the paragraphs of this POZPP.

4. In case of refusal to fulfill the contract for the performance of work (rendering of a service), the performer shall not have the right to demand reimbursement of his expenses incurred in the course of the performance of work (rendering of a service), as well as payment for the work performed (rendered service), unless the consumer has accepted work performed (service rendered).

5. In case of violation of the established deadlines for the performance of work (provision of services) or new deadlines assigned by the consumer on the basis of paragraph 1 of this article, the contractor shall pay the consumer for each day (hour, if the deadline is defined in hours) of delay a penalty (fine) in the amount of three percent of the price of performance of work (rendering of services), and if the price of performing work (rendering of services) is not determined by the contract for the performance of work (rendering of services) - the total price of the order. An agreement on the performance of work (provision of services) between the consumer and the contractor may establish a higher amount of the penalty (penalty).

A penalty (penalty) for violation of the deadlines for the commencement of work (provision of services), its stage is collected for each day (hour, if the period is defined in hours) of delay until the start of work (provision of services), its stage or presentation by the consumer of the requirements provided for in clause 1 of this article.

A penalty (penalty) for violation of the deadlines for completing the work (rendering a service), its stage is charged for each day (hour, if the period is defined in hours) of delay until the completion of the work (rendering a service), its stage or the presentation by the consumer of the requirements provided for in clause 1 of this article.

The amount of the penalty (penalty) collected by the consumer cannot exceed the price of a particular type of work (service) or the total price of the order, if the price of a particular type of work (service) is not specified in the contract for the performance of work (service).

The amount of the penalty (penalty) is determined based on the price of the work (rendering the service), and if the indicated price is not determined, based on the total price of the order that existed at the place where the consumer's claim was to be satisfied by the contractor on the day of voluntary satisfaction of such a claim or on the day of the judgment, if the consumer's claim was not voluntarily satisfied.

6. The requirements of the consumer, established by paragraph 1 of this article, are not subject to satisfaction if the contractor proves that the violation of the terms for the performance of work (rendering of services) occurred due to force majeure or through the fault of the consumer.

Article 29

1. The consumer, upon detection of shortcomings in the work performed (service rendered), has the right, at his choice, to demand:

• gratuitous elimination of shortcomings of the work performed (service rendered);
• a corresponding reduction in the price of the work performed (service rendered);
• gratuitous production of another thing from a homogeneous material of the same quality or re-performing the work. In this case, the consumer is obliged to return the thing previously transferred to him by the contractor;
• reimbursement of expenses incurred by him to eliminate the shortcomings of the work performed (service rendered) on his own or by third parties.

Satisfaction of the requirements of the consumer for the free elimination of defects, for the manufacture of another thing or for the re-performance of work (rendering of services) does not relieve the contractor from liability in the form of a penalty for violating the deadline for completing the work (rendering of services).

The consumer has the right to refuse to execute the contract for the performance of work (provision of services) and demand full compensation for losses if the shortcomings of the work performed (service rendered) are not eliminated by the contractor within the period established by the specified contract. The consumer also has the right to refuse to execute the contract for the performance of work (rendering of services) if he discovers significant shortcomings in the work performed (rendered services) or other significant deviations from the terms of the contract.

The consumer also has the right to demand full compensation for losses caused to him due to shortcomings in the work performed (service rendered). Losses are reimbursed within the time limits established to meet the relevant requirements of the consumer.

2. The price of the work performed (service rendered) returned to the consumer In case of refusal to execute the contract on the performance of work (service rendering), as well as taken into account when reducing the price of the work performed (service rendered), is determined in accordance with paragraphs , and of this law on the protection of rights consumers.

3. Claims related to deficiencies in the work performed (service rendered) may be presented upon acceptance of the work performed (service rendered) or in the course of the work (service rendered) or, if it is impossible to detect deficiencies in the acceptance of the work performed (service rendered), in within the time limits set forth in this paragraph.

The consumer has the right to make claims related to shortcomings in the work performed (service rendered), if they are discovered during the warranty period, and in its absence, within a reasonable time, within two years from the date of acceptance of the work performed (service rendered) or five years in respect of defects in buildings and other real estate.

4. The contractor is responsible for the shortcomings of the work (service) for which the warranty period is not established, if the consumer proves that they arose before he accepted it or for reasons that arose before that moment.

In relation to the work (service) for which the warranty period is established, the contractor is responsible for its shortcomings, unless he proves that they arose after the acceptance of the work (service) by the consumer as a result of his violation of the rules for using the result of the work (service), actions of third parties or force majeure .

5. In cases where the warranty period provided for by the contract is less than two years (five years for real estate) and defects in the work (service) are discovered by the consumer after the warranty period expires, but within two years (five years for real estate), the consumer has the right to present the requirements provided for in paragraph 1 of this article, if he proves that such shortcomings arose before he accepted the result of the work (service) or for reasons that arose before that moment.

6. in case of revealing significant shortcomings of the work (service), the consumer has the right to present the contractor with a demand for the free elimination of shortcomings, if he proves that the shortcomings arose before he accepted the result of the work (service) or for reasons that arose before that moment. This requirement may be brought if such defects are discovered after two years (five years in relation to real estate) from the date of acceptance of the result of the work (service), but within the service life established for the result of the work (service) or within ten years from the date of acceptance of the result of the work (service) by the consumer, If the service life is not set. if this requirement is not satisfied within twenty days from the date of its presentation by the consumer or the discovered defect is irreparable, the consumer, at his choice, has the right to demand:

• a corresponding reduction in the price for the work performed (service rendered);
• reimbursement of expenses incurred by him to eliminate the shortcomings of the work performed (service rendered) on his own or by third parties;
• refusal to execute the contract on the performance of work (rendering of services) and compensation for losses.

Article 30

The shortcomings of the work (service) must be eliminated by the contractor within a reasonable time, appointed by the consumer.

The deadline set by the consumer for the elimination of defects in the goods is indicated in the contract or in another document signed by the parties or in an application sent by the consumer to the contractor.

For violation of the deadlines provided for in this article to eliminate the shortcomings of the work performed (service rendered), the contractor shall pay the consumer for each day of delay a penalty (penalty), the amount and procedure for calculating which are determined in accordance with this LOZPP.

In case of violation of the specified terms, the consumer has the right to present other requirements to the contractor, provided for in paragraphs 1 and 4 of this law.

Article 31

1. The requirements of the consumer to reduce the price for the work performed (service rendered), to reimburse the costs of eliminating shortcomings in the work performed (service rendered) on their own or by third parties, as well as to return the amount of money paid for the work (service) and compensation for losses caused in connection with the refusal to perform the contract, provided for in paragraphs 1 and 4 of this law, are subject to satisfaction within ten days from the date of presentation of the relevant request.

2. The requirements of the consumer for the free production of another thing from a homogeneous material of the same quality or for the repeated performance of work (rendering of services) are subject to satisfaction within the time period established for the urgent performance of work (rendering of service), and if this period is not established, within the period stipulated by the contract for the performance of work (provision of services), which was improperly performed.

3. For violation of the deadlines provided for by this article to satisfy individual requirements of the consumer, the contractor shall pay the consumer for each day of delay a penalty (penalty), the amount and procedure for calculating which are determined in accordance with this law.

In case of violation of the terms specified in paragraphs 1 and 2 of this article, the consumer has the right to present other requirements to the contractor, provided for in paragraphs 1 and 4 of this law.

Article 32

The consumer has the right to refuse to execute the contract for the performance of work (provision of services) at any time, subject to payment to the contractor of the expenses actually incurred by him related to the fulfillment of obligations under this contract.

Article 33

1. A firm or approximate estimate may be drawn up for the performance of work (rendering a service) provided for by an agreement on the performance of work (rendering a service).

Drawing up such an estimate at the request of the consumer or contractor is mandatory.

2. The contractor is not entitled to demand an increase in a firm estimate, and the consumer - its reduction, including in the case when at the time of the conclusion of the contract it was impossible to provide for the full amount of work to be performed (services to be rendered) or the costs necessary for this.

The Contractor has the right to demand an increase in a firm estimate in case of a significant increase in the cost of materials and equipment provided by the Contractor, as well as services provided to him by third parties, which could not be foreseen at the conclusion of the contract. If the consumer refuses to comply with this requirement, the contractor has the right to terminate the contract in court.

3. if there is a need to perform additional work(provision of additional services) and for this reason a significant excess of the approximate estimate, the contractor is obliged to warn the consumer in a timely manner. if the consumer has not agreed to exceed the approximate estimate, he has the right to refuse to perform the contract. in this case, the contractor may require the consumer to pay the price for the work performed (service rendered).

The Contractor, who did not warn the consumer in a timely manner about the need to exceed the approximate estimate, is obliged to fulfill the contract, while retaining the right to pay for work (services) within the approximate estimate.

Article 34

1. The contractor is obliged to perform the work specified in the contract for the performance of work, from his own material and with his own means, unless otherwise provided by the contract.

The contractor who provided the material for the performance of the work is responsible for its inadequate quality according to the rules on the responsibility of the seller for goods of inadequate quality.

2. The material of the performer is paid by the consumer at the conclusion of the specified contract in full or in the amount specified in the contract for the performance of work with the condition of final payment upon receipt by the consumer of the work performed by the contractor, unless a different procedure for payment for the material of the contractor is provided by agreement of the parties.

3. In cases stipulated by the contract for the performance of work, the material may be provided by the contractor to the consumer on credit. A subsequent change in the price of the contractor's material provided on credit does not entail a recalculation.

4. The material of the performer and the technical means, tools, etc. necessary for the performance of the work are delivered to the place where the work is performed by the performer.

Article 35

1. if the work is performed in whole or in part from the material (with a thing) of the consumer, the performer is responsible for the safety of this material (thing) and its correct use.

The contractor is obliged:

• warn the consumer about the unsuitability or poor quality of the material (thing) transferred by the consumer;
• submit a report on the consumption of the material and return its balance.

In case of complete or partial loss (damage) of the material (thing) accepted from the consumer, the contractor is obliged within three days to replace it with a homogeneous material (thing) of similar quality and, at the request of the consumer, to manufacture a product from a homogeneous material (thing) within a reasonable time, and if in the absence of a homogeneous material (thing) of similar quality - to reimburse the consumer for the double price of the lost (damaged) material (thing), as well as the costs incurred by the consumer.

2. The price of the lost (damaged) material (thing) is determined on the basis of the price of the material (thing) that existed in the place where the consumer’s claim was to be satisfied by the contractor on the day of voluntary satisfaction of such a claim or on the day a court decision was made, if the claim the consumer was not voluntarily satisfied.

The price of the material (thing) transferred to the contractor is determined in the contract for the performance of work or in another document (receipt, order) confirming its conclusion.

3. The contractor shall be released from liability for the total or partial loss (damage) of the material (thing) received by him from the consumer, if the consumer is warned by the contractor about the special properties of the material (thing) that may entail its complete or partial loss (damage) or if the indicated properties of the material (thing) could not be detected upon proper acceptance by the contractor of this material (thing).

Article 36

The Contractor is obliged to inform the consumer in a timely manner that compliance with the consumer's instructions and other circumstances depending on the consumer may reduce the quality of the work performed (service rendered) or entail the impossibility of completing it on time.

if the consumer, despite timely and reasonable informing the contractor, does not replace the unsuitable or poor-quality material within a reasonable time, does not change the instructions on the method of performing work (rendering a service), or does not eliminate other circumstances that may reduce the quality of the work performed (rendered service), the contractor has the right to refuse to perform the contract for the performance of work (provision of services) and demand full compensation for losses.

Article 37. Procedure and forms of payment for the work performed (service rendered)

The consumer is obliged to pay for the services rendered to him in the manner and within the time limits established by the contract with the contractor.

The consumer is obliged to pay for the work performed by the contractor in full after it is accepted by the consumer. With the consent of the consumer, the work can be paid by him at the conclusion of the contract in full or by issuing an advance.

Payment for the services rendered (work performed) is made by cash or non-cash payments in accordance with the legislation of the Russian Federation.

When using the cash form of payment, payment for goods (works, services) by the consumer is made in accordance with the instructions of the seller (executor) by depositing cash to the seller (executor), or in credit organization, or to a payment agent carrying out activities for receiving payments individuals, or a bank paying agent (subagent) operating in accordance with the legislation on banks and banking activities, unless otherwise provided by federal laws or other regulatory legal acts of the Russian Federation. At the same time, the consumer's obligations to the seller (executor) to pay for goods (works, services) are considered fulfilled in the amount of the contributed funds from the moment the cash is deposited, respectively, to the seller (executor), or to a credit institution, or to a paying agent engaged in receiving payments. individuals, or a bank paying agent (subagent) carrying out activities in accordance with the legislation on banks and banking activities.

Article 38 - Federal Law of October 25, 2007 N 234-FZ.

Article 39. Regulation of the provision of certain types of services

The consequences of violation of the terms of contracts for the provision of certain types of services, if such contracts by their nature do not fall within the scope of this Chapter, shall be determined by law.

Article 39.1. Rules for the provision of certain types of services, the performance of certain types of work to consumers

The rules for the provision of certain types of services, the performance of certain types of work to consumers are established by the Government of the Russian Federation.

Chapter IV. State and public protection of consumer rights

Article 40

1. Federal state supervision in the field of consumer rights protection is carried out by the authorized federal executive body (hereinafter referred to as the body state supervision) in the manner prescribed by the Government of the Russian Federation.

2. Federal state supervision in the field of consumer protection includes:

1) organizing and conducting inspections of compliance by manufacturers (executors, sellers, authorized organizations or authorized individual entrepreneurs, importers, owners of aggregators) with the requirements established international treaties of the Russian Federation, this Law, other federal laws and other regulatory legal acts of the Russian Federation regulating relations in the field of consumer protection (hereinafter referred to as mandatory requirements), instructions of officials of the state supervision body;

2) organization and conduct of inspections of compliance of goods (works, services) with mandatory requirements that ensure the safety of goods (works, services) for the life and health of consumers, the environment, prevention of actions misleading consumers, and prevention of harm to consumers' property, established in in accordance with international treaties of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation;

3) application, in accordance with the procedure established by the legislation of the Russian Federation, of measures to prevent violations mandatory requirements, the issuance of orders to stop violations of consumer rights, to stop violations of mandatory requirements, to eliminate identified violations of mandatory requirements, to bring to justice persons who have committed such violations;

4) systematic monitoring of the fulfillment of mandatory requirements, analysis and forecasting of the state of fulfillment of mandatory requirements when manufacturers (performers, sellers, authorized organizations or authorized individual entrepreneurs, importers, owners of aggregators) carry out their activities;

5) statistical observation in the field of consumer protection, accounting and analysis of cases of harm to the life and health of consumers, the environment and property of consumers associated with the acquisition and use of goods (works, services) with defects, dangerous goods (works, services) or providing consumers with untimely, incomplete, unreliable and misleading information about goods (works, services);

6) annual analysis and evaluation of the effectiveness of federal state supervision in the field of consumer protection;

7) annual preparation, based on the results of the activities provided for in subparagraphs 1 - 6 of this paragraph, of state reports on the protection of consumer rights in the Russian Federation in the manner established by the Government of the Russian Federation.

3. The provisions of the Federal Law of December 26, 2008 N 294-FZ “On the protection of the rights legal entities and individual entrepreneurs in the implementation state control(oversight) and municipal control”.

3.1. When exercising federal state supervision in the field of consumer protection, the state supervision body conducts test purchases in the manner established by the Federal Law of 26
December 2008 N 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the implementation of state control (supervision) and municipal control”. Test purchase goods (works, services) can be carried out by the state supervision body immediately with a simultaneous notification of the prosecutor's office.

4. Officials of the state supervision body, in accordance with the procedure established by the legislation of the Russian Federation, have the right to:

1) request and receive on the basis of motivated written requests from authorities state power, local governments, public organizations, manufacturers (performers, sellers, authorized organizations or authorized individual entrepreneurs, importers, owners of aggregators) information and documents on consumer protection issues;

2) freely at sight official ID and copies of the order (instruction) of the head (deputy head) of the state supervision body on the appointment of an inspection to visit the territory, buildings, premises and structures used by the manufacturer (executor, seller, authorized organization or authorized individual entrepreneur, importer, owner of the aggregator) in the course of its activities, for the purpose of carrying out control measures;

3) conduct sampling and samples of goods intended for sale and sold to consumers, for their research, testing;

4) issue orders to manufacturers (executors, sellers, authorized organizations or authorized individual entrepreneurs, importers, owners of aggregators) to stop violations of consumer rights, to stop violations of mandatory requirements, to eliminate identified violations of mandatory requirements, to take measures to ensure the prevention of harm to life, health and property of consumers, the environment;

5) draw up protocols on administrative offenses in the field of consumer protection, to consider cases of these administrative offenses and take measures to prevent such violations;

6) send materials related to violations of mandatory requirements to the authorized bodies to resolve issues of initiating criminal cases on the grounds of crimes;

7) apply to the court with statements in defense of consumer rights and legitimate interests individual consumers (a group of consumers, an indefinite circle of consumers), as well as with applications for the liquidation of the manufacturer (performer, seller, authorized organization, importer, owner of the aggregator) or the termination of the activities of an individual entrepreneur (authorized individual entrepreneur) for repeated (two or more times in for one calendar year) or gross (resulting in death or mass diseases, poisoning of people) violation of consumer rights.

5. The state supervisory body may be invited by the court to participate in the case or may intervene in the case on its own initiative or on the initiative of the persons participating in the case in order to give an opinion on the case in order to protect consumer rights in the manner established by the legislation of the Russian Federation.

6. The state supervision body has the right to give clarifications on the application of laws and other regulatory legal acts of the Russian Federation regulating relations in the field of consumer protection.

7. State supervision over the compliance of goods with the safety requirements established technical regulations, is also carried out by authorized federal executive bodies in accordance with the legislation of the Russian Federation on technical regulation.

8. The state supervision body, together with the authorized federal executive bodies specified in paragraph 7 of this article, shall form and maintain an open and publicly available state information resource in the field of consumer rights protection, quality and safety of goods (works, services) in the manner established by the Government Russian Federation.

9. The state supervision body approves guidelines on the development and implementation of regional and municipal programs for the protection of consumer rights.

Article 41

The manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer, owner of the aggregator), at the request of the state supervision body, its officials, is obliged to provide reliable information, documentation, explanations in writing and (or) oral form and other information within the time period established by them necessary for the implementation by the state supervision body and its officials powers established by the legislation of the Russian Federation.

Article 42 - Federal Law of December 21, 2004 N 171-FZ.

Article 42.1. Powers of the highest executive bodies of state power of the constituent entities of the Russian Federation in the field of consumer protection

1. The highest executive body of state power of the relevant subject of the Russian Federation takes measures to implement, ensure and protect the rights of consumers and, within its powers, takes certain measures.

2. In order to promote the protection of consumer rights, the executive authorities of the constituent entities of the Russian Federation develop regional programs for the protection of consumer rights and provide assistance to local governments and public associations of consumers (their associations, unions) in their implementation of consumer protection.

Article 42.2. Transfer of the exercise of powers of the state supervision body to the executive authorities of the constituent entities of the Russian Federation

The powers of the state supervision body to exercise federal state supervision in the field of consumer protection may be transferred for exercise to the executive authorities of the constituent entities of the Russian Federation by decrees of the Government of the Russian Federation in the manner established by Federal Law No. 184-FZ of October 6, 1999 “On general principles organizations of legislative (representative) and executive bodies state power of the constituent entities of the Russian Federation”.

Article 42.2. Submission and consideration of consumer appeals

1. The consumer's appeal may be sent in writing on paper or in electronic form to a state supervision body, other authorized federal executive bodies, an executive body of a constituent entity of the Russian Federation or a local self-government body.

2. The consumer's appeal can be sent by mail, using the Internet information and telecommunication network, including the official website of the state supervision body, other authorized federal bodies executive authority, executive authority of a constituent entity of the Russian Federation or a local government (in the constituent entities of the Russian Federation - cities of federal significance Moscow, St. Petersburg and Sevastopol using the official website of the local government if this is provided for by the laws of the constituent entities of the Russian Federation - cities of federal significance Moscow, St. Petersburg and Sevastopol), a single portal of state and municipal services or a regional portal of state and municipal services, and can also be accepted at the personal reception of the applicant.

3. In multifunctional centers provision of state and municipal services, consumer appeals can be received and consumers can be consulted on the protection of their rights on the basis of agreements on interaction between multifunctional centers for the provision of state and municipal services and federal executive authorities, state non-budgetary funds, state authorities of the constituent entities of the Russian Federation, bodies local government.

Article 43

For violation of consumer rights established by laws and other regulatory legal acts of the Russian Federation, the seller (performer, manufacturer, authorized organization or authorized individual entrepreneur, importer) bears administrative, criminal or civil liability in accordance with the legislation of the Russian Federation.

Article 44

In order to protect the rights of consumers in the territory municipality Local authorities have the right to:

• consider consumer appeals, advise them on consumer protection issues;
• apply to the courts to protect the rights of consumers (an indefinite circle of consumers);
• develop municipal programs for the protection of consumer rights.

If goods (works, services) of inadequate quality, as well as dangerous to life, health, property of consumers and the environment, are detected by the consumer, local governments immediately notify the federal executive authorities that monitor the quality and safety of goods (works, services). ).

Article 45. Rights of public associations of consumers (their associations, unions)

1. Citizens have the right to unite on a voluntary basis in public associations of consumers (their associations, unions), which carry out their activities in accordance with the charters of these associations (their associations, unions) and the legislation of the Russian Federation.

2. Public associations of consumers (their associations, unions) for the implementation of their statutory goals have the right to:

• participate in the development of mandatory requirements for goods (works, services), as well as draft laws and other regulatory legal acts of the Russian Federation regulating relations in the field of consumer protection;
• conduct an independent examination of the quality, safety of goods (works, services), as well as the conformity of consumer properties of goods (works, services) with the information declared by sellers (manufacturers, performers) about them;
• carry out public control over the observance of consumer rights and send information to the state supervisory authority and local governments about the facts of violations of consumer rights in order to verify these facts and, if they are confirmed, take measures to suppress violations of consumer rights within the limits of authority said bodies, participate in the examination of the facts of violations of consumer rights in connection with consumer appeals. When implementing public control public associations of consumers (their associations, unions) are not entitled to demand from manufacturers (executors, sellers, authorized organizations or authorized individual entrepreneurs, importers) to submit documents (performance of actions), the obligation to submit (execute) which at the request of the consumer is not established by law;
• disseminate information about the rights of consumers and the necessary actions to protect these rights, about the results of comparative studies of the quality of goods (works, services), as well as other information that will contribute to the realization of the rights and legitimate interests of consumers. The results of comparative studies of the quality of goods (works, services) published by public associations of consumers (their associations, unions) are not advertising;
• submit proposals to the federal executive authorities, organizations on taking measures to improve the quality of goods (works, services), to suspend the production and sale of goods (performance of works, rendering services), to recall goods (works, services) from the domestic market that do not comply with mandatory requirements imposed on them and established by the legislation of the Russian Federation on technical regulation;
• to submit to the prosecutor's office and federal executive bodies materials on bringing to justice persons engaged in the production and sale of goods (performance of work, provision of services) that do not meet the mandatory requirements imposed on them, as well as violate the rights of consumers established by laws and other regulatory legal acts Russian Federation;
• apply to the prosecutor's office with requests to bring protests on the invalidation of acts of federal executive authorities, acts of executive authorities of the constituent entities of the Russian Federation and acts of local governments that are contrary to laws and other regulations regulating relations in the field of consumer protection legal acts Russian Federation;
• apply to the courts with applications to protect the rights of consumers and the legitimate interests of individual consumers (a group of consumers, an indefinite circle of consumers);
• participate together with the state supervision body in the formation of open and publicly available state information resources in the field of consumer protection, quality and safety of goods (works, services).

Article 46. Protection of the rights and legitimate interests of an indefinite range of consumers

The state supervision body, local self-government bodies, public associations of consumers (their associations, unions) have the right to bring claims to the courts for the termination of illegal actions manufacturer (executor, seller, authorized organization or authorized individual entrepreneur, importer) in relation to an indefinite number of consumers.

Upon satisfaction of such a claim, the court obliges the offender to bring to court-ordered term through the media or otherwise to the attention of consumers court decision.

A court decision that has entered into legal force on recognizing the actions of a manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) as unlawful in relation to an indefinite number of consumers is mandatory for the court considering the consumer's claim for the protection of his rights arising from the onset of civil law consequences of actions manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer), regarding the questions whether such actions took place and whether they were committed by the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer).

Simultaneously with the satisfaction of a claim brought by a public association of consumers (their association, union), local governments in the interests of an indefinite number of consumers, the court decides to compensate the public association of consumers (their association, union), local governments for all incurred in the case legal costs, as well as other necessary expenses incurred prior to going to court and related to the consideration of the case, including the costs of conducting independent expertise if, as a result of such an examination, a violation of the mandatory requirements for goods (works, services) is revealed.

the president
Russian Federation
B. Yeltsin
Moscow, House of Soviets of Russia
February 7, 1992
N 2300-1

Law of the Russian Federation of February 7, 1992 N 2300-1 (as amended on July 18, 2019) On consumer protection

1. A firm or approximate estimate may be drawn up for the performance of work (rendering a service) provided for by an agreement on the performance of work (rendering a service).

Drawing up such an estimate at the request of the consumer or contractor is mandatory.

2. The contractor is not entitled to demand an increase in a firm estimate, and a consumer - its reduction, including in the case when at the time of the conclusion of the contract it was impossible to provide for the full amount of work to be performed (services to be rendered) or the costs necessary for this.

The Contractor has the right to demand an increase in a firm estimate in case of a significant increase in the cost of materials and equipment provided by the Contractor, as well as services provided to him by third parties, which could not be foreseen at the conclusion of the contract. If the consumer refuses to comply with this requirement, the contractor has the right to terminate the contract in court.

3. If there is a need to perform additional work (provision of additional services) and for this reason a significant excess of the approximate estimate, the contractor is obliged to warn the consumer in a timely manner. If the consumer has not agreed to exceed the approximate estimate, he has the right to refuse to perform the contract. In this case, the contractor may require the consumer to pay the price for the work performed (service rendered).

The Contractor, who did not warn the consumer in a timely manner about the need to exceed the approximate estimate, is obliged to fulfill the contract, while retaining the right to pay for work (services) within the approximate estimate.