MINISTRY OF ANTIMONOPOLY REGULATION AND TRADE OF THE

MINISTRY OF ANTIMONOPOLY REGULATION AND TRADE OF THE REPUBLIC OF BELARUS Consumer Protection

JUDICIAL PROTECTION OF CONSUMERS ØConsumers are exempt from payment of state fee when filing a lawsuit in the court on consumer protection issues. ØIf the claim is satisfied and if the local executive and administrative body or non-governmental organization of consumers acts with the statement of claim, the court exacts a penalty in the amount of one hundred percent of the amount of the claim from the manufacturer (seller, provider, contractor, repair organization) to the local budget.

CONSUMER NON-GOVERNMENTAL ORGANIZATIONS On the territory of the Republic of Belarus: q 1 Republican NGO "Belarusian Consumer Protection Organization" q 18 local non-governmental consumer organizations

THE SCHEME OF SERVICE PROVIDING BY NON-GOVERNMENTAL ORGANIZATIONS OF CONSUMERS (NGO) NGO 1. FREE OF CHARGE 1. services f o tion ensa omp nses 3. C expe laim 2. C Seller (manufacturer, supplier, contractor) Consumer

LEGAL REGULATION OF CONSUMER PROTESTION RELATIONS LAW ON PROTECTION OF CONSUMER RIGHTS OTHER LEGISLATIVE ACTS decrees, laws CONSUMER LAW GOVERNMENT ACTS - rules of trade and provision of various services TECHNICAL ACTS regulations, standards, 6 etc.

LEGISLATION REGULATION Ø The Law of the Republic of Belarus of 9 January 2002 "On the Ø Ø Ø Ø Protection of Consumer Rights" The Law of the Republic of Belarus of July 16, 2008 "On Protection of Consumers' Rights of Housing and Communal Services" Civil Code and other laws, decrees Act of the Government of the Republic of Belarus of January 14, 2009. No. 26 "On some issues of consumer protection" Act of the Government of the Republic of Belarus of January 27, 2009, No. 99 "On Measures to Implement the Law of the Republic of Belarus" On Protection of Consumer Rights of Housing and Communal Services " Act of the Government of the Republic of Belarus of June 14, 2002. No. 778 "On measures to implement the Law of the Republic of Belarus" On Protection of Consumer Rights " Agreement on the main areas of cooperation of the member states of the Commonwealth of Independent States in the field of consumer protection from January 25, 2000. Treaty on the Eurasian Economic Union of May 29, 2014 (section 7, annex 13)

SUBJECT OF LEGISLATION REGULATION The Law regulates the relationship between consumers (on the one hand) and entrepreneurs manufacturers, sellers, providers, contractors, repair organizations (on the other hand). The Law regulates the relations that arise from the contract of retail sale, lease contract, insurance contract, storage contract, contract of carriage, contract for provision of services, etc.

ACCORDING TO THE LAW CONSUMER - an individual who intends to order or purchase or ordering, acquiring goods (work, services) or using the goods (the result of work, services) exclusively for personal, family, home and other needs not related to entrepreneurial activity

WHO IS RESPONSIBLE TO THE CONSUMER seller manufacturer organization, individual entrepreneur, selling goods to the consumer under the contract of retail purchase and sale organization, individual entrepreneur, producing goods for the consumer provider organization, individual entrepreneur, importing goods to the territory of the Republic of Belarus for their subsequent sale contractor organization, individual entrepreneur, doing work or providing services to the consumer or service provider repair organization, individual entrepreneur, repairing goods

CONSUMER RIGHTS art. 5 The consumer has the right to : • • learning consumer rights (art. 6); get information about goods (works, services), as well as their manufacturers (sellers, providers, contractors) (articles 7, 8); free choice of goods (works, services) (art. 10); the proper quality of goods (works, services), including the security of goods (works, services), proper completeness, the proper quantity of goods (the result of work) (art. 11 -12); full compensation for damages, caused by defects in the goods (work, services), including compensation for non-pecuniary damage (art. 15, 17, 18); state protection of their rights, including appealing to the court and other authorized state bodies for the protection of violated rights or interests protected by the Law and other legislation (art. 41 -44); public protection of their rights (art. 47, 48); accession to consumer non-governmental organizations (art. 46).

IT ‘S IMPORTANT NO REQUIRED INFORMATION Failure to provide information to the consumer, provided for by the Law, entails not only a fine, but also it’s the basis for the termination of the contract of sale and for the return of money to the consumer (art. 7, 16)

Requirements for information about goods for online stores On the home page q Information about the seller: üname ülocation üOperating mode üDate of registration in the Commercial Register q Possible ways of payment for goods Anywhere on the site q Sample cash receipt; q Cost and methods of delivery of goods; q. Product information : üName and address of the manufacturer, importer, repair organization üName of product üIts main consumer properties üPrice üWarranty period established by the manufacturer

Non-delivery of goods (non-delivery of services) under a paid contract, violation of the delivery time of goods / services, manipulation of information on the availability of goods with an acceptable price Sale of low-quality goods (services) or goods (services) that do not correspond to the description (consumer's expectation), 2+2=purposeful misleading of the consumer about the properties 5 of goods (services) Hiding or providing incomplete information about the seller (manufacturer, contractor)

Evasion from consideration of claims of the consumer, non-return (evasion from return) of money resources to the consumer for the poor-quality goods, refusal in compensation of losses (penalties), non-satisfaction of other requirements Proposal for the sale of goods on the Internet, the sale of which is prohibited or restricted by law Uncontrolled use of personal information

The right of the consumer to exchange and return a quality product art. 28 The consumer has the right to exchange or return high-quality non-food goods. Terms of return / exchange of quality goods Exchange and return the quality goods is possible only within 14 days from the date of purchase. The conditions under which the demand for the return or exchange of a quality good is accepted: the goods were not in use; its consumer properties are preserved; there is evidence of the purchase of goods from a particular seller; the goods are not included in the list of goods that can not be exchanged and returned, approved by the Government; return the goods in the package. The requirements of the consumer must be accepted immediately. The maximum period is 7 days.

A consumer who has been sold a substandard (poor quality) product, has the right to demand (at his choice) art. 20 Ø replacement of poor quality goods with a good quality product (replacement of a technically complex product or an expensive product is possible only if there are significant failures); Ø return of a part of the money paid; Ø immediate free of charge repair; Ø compensation for repair costs; Ø terminating the contract and getting back the money paid for the goods.

The procedure for the exchange or return of poor quality technical or expensive goods (since December 23, 2018) After 30 days from the date of purchase of a technical or expensive product, the consumer has the right to declare a demand to replace or return a poor quality product only in 2 cases: Ø if there is a significant defect; Ø or if the subject violates the terms of free repair.

IF THE SERVICE PROVIDER VIOLATED THE TERMS FOR THE PROVISION OF SERVICES art. 30 In that case the consumer has the right (at his choice): qto appoint a new term; qentrust the provision of the service to another service provider and require the former contractor to compensate the expenses; qto demand the return of part of the price for a poorquality service; qterminate the service agreement and demand the return of the paid money

IF THE SERVICE PROVIDER PROVIDED POOR-QUALITY SERVICES art. 31 If the service is provided with defects, the consumer has the right to demand (at his choice): qfree elimination of deficiencies; qreturn part of the price (leaving the result of the service); qfree-of-charge manufacture of another thing from a material of the same quality or re-provision of the service, if possible. Thus the consumer is obliged to return earlier transferred thing; qcompensation of expenses for elimination of deficiencies independently or by another performer of services; q terminate the contract and demand the return of the paid money if the service provider was unable to eliminate the deficiencies of the service.

TERMINATION OF THE SERVICE AGREEMENT According to the Law, the consumer has the right to terminate the service agreement in the following cases: o if the term for the provision of services is violated or if the service provider has not been able to eliminate the defects of a poor-quality service - in these cases the consumer has the right to demand a full refund of the paid money; o if the consumer has changed his mind about receiving the service - in this case the consumer is obliged to compensate the service provider for the actually incurred expenses.

PRIORITY OF THE LAW ON THE AGREEMENT According to Art. 19 of the Law "the terms of the contract limiting the rights of the consumer in comparison with the rights established by this Law and other legislation on consumer protection are considered invalid. " For example, the contract of tourist services provides that the travel agency is not responsible for the quality of the services included in the tour, which is provided by a third party. However, Art. 11 of the Law on the Protection of Consumer Rights establishes the right of the consumer to the proper quality of services, and Art. 17 of the Tourism Law determines that the travel agency is responsible to the consumer for the proper quality of services that are provided by a third party. In connection with this, such term of the contract limits the rights of the consumer and is invalid from the very beginning, from the moment of conclusion of the contract.

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