A Consumer isa Citizen (a Natural Person) purchasing (acquiring) or intending to acquire or order a commodity or work, a service with the aim of personal consumption (use) or for other purposes not connected with profit derivation.
Consumers possess the Rights for:
For particular groups of Consumers, attributed to the category of those needing the Social Protection, privileges and advantages at spheres of Trade, Consumer and other kinds of Services may be established by the Legislation.
A manufacturer is obliged to get to a Consumer’s knowledge the name of its/his/her Enterprise and its location (a legal address). The said information shall be contained at a production mark or a trade mark or be delivered in other ways.
A seller (a performer) is obliged to get to a Consumer’s knowledge the company name of its organization, its location (a legal address) and operating regime. The said information shall be placed on a sign board.
Information stipulated by the Part II of the present Article shall be got to the Consumers’ knowledge also at performance of trade and render of a service at temporary room spaces, fairs, sales from stalls (stands) or in other cases, when the trade and render of services are being performed outside the constant location of a seller (a performer).
A seller (a performer) is obliged to provide a Consumer with complete information on the rules of the Commodities’ Trade, the Consumer and other kinds of Services
A manufacturer (a seller, a performer) is obliged to provide in-time a Consumer with the necessary, trustworthy and accessible information on goods (works, services) being sold (performed, rendered) by it/him/her.
Information on a commodity (a work, a service) shall compulsorily contain:
the indication of the regulatory documentation, to obligatory requirements of which a commodity (a work, a service) shall conform;
the list of main consumer qualities (characteristics) including the specific ones;
a price (a tariff) and terms of purchase;
date of manufacture related to certain types of goods;
guarantee obligations of a manufacturer (a performer);
rules and conditions of the effective and the safe usage;
serviceable (working, fitness) life (expiry date) and data on necessary actions on part of a Consumer upon expiry of that period, as well as possible consequences at non-performance of the said actions;
name and property form of a manufacturer (a seller, a performer), No of its registration and licensing certificate;
legal addresses of a manufacturer (a seller, a performer) and enterprises authorized by it/him/her for acceptance of claims from Consumers, as well as performing repair and technical service;
ways and rules of maintenance, utilization safety;
information on using audio / sound records at conduct of theatrical and concert arrangements (events).
Related to a commodity subject to compulsory certification, information on its certification shall be provided to a Consumer.
Absence of the necessary information on a commodity (a work, a service) entail suspension of sale of such a commodity (a work, a service) until its presentation upon a direction issued by the appropriate State Governance Body.
The form and the order of payment to be done for goods (works, services) shall be defined by an agreement between a Consumer and a seller (a manufacturer, a performer). Sale of goods on credit shall be performed in the order established by the rules of sale of goods on credit subject to approval by the Government of the Republic of Uzbekistan.
At performance of a sale-purchase, a cash voucher or a cash-memo shall be given to a Consumer.
Sale of a commodity without issue of a cash voucher or a cash-memo is prohibited.
A Consumer to whom a commodity containing defects was sold, unless otherwise has been stipulated at conclusion of a contract, is entitled, by his/her own choice to demand:
A Consumer can implement the abovementioned rights, if the defects were discovered within:
At detection by a Consumer of defects in the goods sold to him/her which, as independent elements, compose a part of sets, type face, assembly and possessing separate prices, he/she are entitled to present claims, foreseen by the Part I of the present Article, both in respect of a complete set, type face, assembly, and in respect of separate elements being part of them and having defects.
Demands set at the Part I of the present Article shall be presented by a Consumer to a seller.
Demands made by a Consumer shall be considered at his/her presentation of a cash voucher or a cash-memo, as for the goods related to which the warranty periods have been set, - the appropriately formalized technical passport or any other document replacing it.
In case of a loss by a Consumer of a technical passport, its restoration shall be performed in accordance with the legislation.
Defects detected in a commodity shall be removed by a manufacturer. Interrelations between a manufacturer and a seller shall be regulated by an agreement.
In case of detection by a Consumer of production design, prescription or other defects, a seller (manufacturer) is obliged within a seven days’ period replace it by a commodity of a similar type (model, article) and , in case of need in an additional inspection by a seller (manufacturer) of a commodity’s quality – within a twenty days’ period since a moment of presentation of a demand by a Buyer.
At absence of a commodity of a similar type (model, article), a Consumer’s demand for replacement shall be subject to satisfaction within a one month period since a moment of presentation of a demand. For desert and remote areas, areas of periodic delivery, the said demand made by a Customer shall be subject to satisfaction within a period necessary for performance of a next delivery of goods to those areas, but not longer than two months.
For each day of a delay in the said periods, a seller (a manufacturer) shall pay to a Consumer, simultaneously with giving out of a replaced commodity, a forfeit (a penalty) at size of one percent of a cost of a commodity.
By a Consumer’s consent, a seller is obliged to replace a commodity with defects by a similar one.
A Consumer is entitled, within a ten days’ period since a date of a purchase made, to exchange a non-food product of the appropriate quality for a similar one by a seller, where it had been purchased and, in case of absence of such a commodity at sale – to receive a cash compensation.
The order of exchange and the list of the goods not being subject to exchange, shall be determined by the rules approved by the Government of the Republic of Uzbekistan.
Sometimes the sellers try to avoid from performance of replacement or exchange of a purchased good.
1. Goods for prevention and treatment of diseases at home conditions (sanitary and hygienic items made of metal, rubber, textile and other materials, medical tools, devices and apparatus, hygienic items for oral cavity, lenses for spectacles, kids’ care items, pharmaceutical preparations).
2. Personal hygiene items (tooth brushes, combs, hairpins, hair rollers, wigs, chignons and other similar goods).
3. Perfumes and cosmetic goods.
4. Textile goods (cotton, linen, silk, woolen and synthetic clothes, goods made of molded fabric – bands, braid, laces and other); cable products (wires, cords, cables); construction and decoration materials (linoleum, films, carpet coverings and other) and other goods released by meterage (length).
5. Garments and knitted gods (underwear, stocking / socks and gloves’ garments and knitted goods),
6. Items and materials contacting with food-products, made of polymeric materials, including the disposable ones (tableware/dishes, kitchenware, vessels and packing materials for storage and transportation of food-products).
7. Home chemistry goods, pesticides and agrochemicals.
8. Furniture (furniture suites and assembled groups).
9. Items made of precious metals, precious stones, made of precious metals with inserts of semiprecious and synthetic stones, facet precious stones.
10. Cars, motorcycle and bicycle goods, trailers and numerated aggregates to them; mobile means of small mechanization of agricultural works, pleasure boats and other sailing means for domestic use.
11. Technically complicated goods for home application for which the warranty periods are set, (metal-cutting ans wood-processing machined for domestic use; electric machines and devices for domestic use; radio-electronic apparatus for domestic use, computing and copyprinter devices, photo- and motion-picture apparatus, phone apparatus, fax machines, electric-musical instruments, electronic toys).
12. Animals and plants.
1. Cars, motorcycle and other kinds of motorized techniques, trailers and numerated aggregates to them, except the items designed for use by disabled persons, pleasure boats and other sailing means.
3. Electric devices for domestic use as toilette items and for medical purposes (electric shavers, electric hair-waving pincers, medical electric reflectors, electric heating pads, electric bandages, electric plaids, electric blankets).
4. Electric (household) appliance devices used for thermal processing of products and for preparation of meals, domestic microwave frequency stoves, toasters, electric water heaters, electric tea-pots, electric heaters and other goods).
Harm caused to life, health or property of a Consumer in consequence of design, production, prescription and other defects in a commodity (a work, a service), as well as application of materials, equipment, devices, tools, gadgets or other means which not provide safety of life, health or property of a Consumer, shall be subject to compensation by a seller (manufacturer, performer).
The right to demand compensation of harm, caused in consequence of defects in a commodity (a work, a service),shall be recognized caused to any victim independently whether he/she had been in a contractual relationship with a seller (manufacturer, performer) or not.
Harm caused to life, health or property of a Consumer, shall be subject to compensation, if it were caused within serviceable period (fitness period) stipulated by the normative documentation, in case if it were not set, - within a ten years’ period since a moment of manufacture of a product (acceptance of a work, of a service).
A seller (manufacturer, performer) shall be released from responsibility if he/she proves that harm was caused in consequence of force majeure or violation by a Consumer of the established rules of use, maintenance and transportation.
Moral harm caused to a Consumer in consequence of violation of his/her rights, shall be subject to compensation by a party who caused harm at presence of its/his/her guilt. Size of harm compensation shall be defined by a court.
Compensation of moral harm shall be performed independently of compensation of property harm and losses suffered by a Consumer.
The State guarantees to Consumers protection of their rights and interests secured by the Law at purchase and use of a commodity (a work, a service) by them.
The State protection of Consumers’ Rights is performed by the State Governance Bodies and Departments as well as the courts.
Specially authorized State Bodies for protection of Consumers’ Rights present being: the State Committee of the Republic of Uzbekistan for Privatization, Demonopolization and Development of Competition, the Uzbek Agency for Standardization, Metrology and Certification (further referred to as the “UzStandard”), Ministry of Public Health of the Republic of Uzbekistan, the State Committee of the Republic of Uzbekistan for Architecture and Construction, the State Committee of the Republic of Uzbekistan for Environment Protection; other State Governance Bodies, performing within a frame of their competence control over observance of the legislation on Protection of the Consumers’ Rights.
With the aim to provide safety and quality of goods (works, services), the UzStandard Agency, Ministry of Public Health of the Republic of Uzbekistan, the State Committee of the Republic of Uzbekistan for Architecture and Construction, the State Committee of the Republic of Uzbekistan for Privatization, Demonopolization and Development of Competition, the State Committee of the Republic of Uzbekistan for Environment Protection; other State Governance Bodies, performing control over safety and quality of goods (works, services), within a frame of their competence:
Establish compulsory requirements on safety and quality of goods (works, services) and perform control over observance of those requirements;
send directions (orders) to manufacturers (performers, sellers) on removal of violations of requirements on safety and quality of goods (works, services), removal from production, cessation of output and sale of inferior goods(works, services), their recall from Consumers, as well as inform Consumers on that;
present to courts the claims against manufacturers (performers, sellers) in cases of violations by them of requirements on safety and quality of goods (works, services).
The Government of the Republic of Uzbekistan coordinates the activity of the State Governance Bodies performing control over safety and quality of goods (works, services).
Payment terminals shall be installed in a compulsory order* at the following facilities of retail trade and render of services performing monetary settlement of accounts with population:
*) excluding the facilities possessing, in accordance with the legislation, the right to render monetary settlement of accounts with population without use of the cash registers.
Persons possessing the higher education, record of service at length of not less than two years, as well as having gone through a Certification Test at a State Body authorized for Bankruptcy Affairs, may be assigned as Court Managers.
There are 5 Bankruptcy Procedures: - Surveillance, Court Reorganization, Voluntary Settlement, External Management, Liquidation Process.
Signs of a Debtor’s Bankruptcy shall be recognized as being inability to satisfy creditors’ demands on monetary liabilities, and (or) perform duties on compulsory payments, if the according liabilities Признакамибанкротствадолжникапризнаетсянеспособностьудовлетворитьтребования and (or) duties were not carried out by it/him/her within a period of three months since a date of their receipt.
At the Register of the Creditors’ Demands the data on each of creditors, established size of its/his/her demands on monetary liabilities, and (or) on compulsory payments, sequence (order of priority) of satisfaction of each of its/his/her demands, shall be indicated.
Out of turn the court charges and expenses related to payment of compensation to Court Managers, current utility and exploitation charges, expenses related to insurance of a Debtor, as well as satisfaction of liabilities of a Debtor having arisen after opening of a Bankruptcy Case and demands of citizens before whom a Debtor bears responsibility for causing harm to life and health in accordance with the legislation, - shall be covered.