Consumer rights

Introduction

Protecting consumer rights is all about making sure that when something is bought and has not been provided, that the consumer has some basic rights that will protect them.

Consumer protection

Consumer protection is a group of laws and organizations designed to ensure the rights of consumers as well as fair trade competition and the free flow of truthful information in the marketplace.

Also This Law regulates relations arising between consumers and the manufacturers, the executors, importers, and the sellers in case of the sale of goods, establishes the rights of consumers to the acquisition of goods

Consumer protection laws are a form of government regulation, which aim to protect the rights of consumers. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue, such as food. Consumer protection is linked to the idea of "consumer rights" and to the formation of consumer, which help consumers make better choices in the marketplace and get help with consumer complaints.

Consumer protection can also be asserted via non-government organizations and individuals as consumer activism.

Basic concepts

Consumer the consumer is an individual who has the intention of ordering or acquiring goods

(works, services) or who orders, acquires or uses them exclusively for personal, family,

household and other needs not relating to the pursuance of entrepreneurial activities;

The executor the executor is an organization, regardless of its organizational and legal form, and

also an individual entrepreneur who perform works or render services to the consumers on

the chargeable agreement;

The seller the seller is an organization, regardless of its organizational and legal form, and

also an individual entrepreneur who sells goods to consumers under a sale contract;

Consumers can…

Consumers can buy goods and use services

GOODS: ANYTHING YOU CAN HOLD

Goods could be a T-shirt, toaster or a truck, whether new, second-hand or bought online.

If the good has been provided with a service - a handset with a mobile phone contract or a window supplied by the glazing firm that fits it - you've a service contract.

SERVICES: EVERYTHING FROM DENTISTS TO RESTAURANTS

A service is a contract where a company has carried out some work for you.

If you get goods with a service (ie, a mobile phone with a contract) the same rules apply.

Consumer rights in different countries

Germany

A minister of the federal cabinet is responsible for consumer rights and protection .In the current cabinet of Angela Merkel, this is Ilse Aigner.

When issuing public warnings about products and services, the issuing authority has to take into account that this affects the supplier's constitutionally protected economic liberty

India

In India, Consumer Protection Act of 1986 is the law governing consumer protection. Under this law, Separate Consumer tribunals have been set up throughout India in each and every district in which a consumer can file his complaint on a simple paper without paying any court fees and his complaint will be decided by the Presiding Officer of the District Level. 

The procedures in these tribunals are relatively less formal and more people friendly and they also take less time to decide upon a consumer dispute when compared to the years long time taken by the traditional Indian Judiciary. In recent years, many effective judgment have been passed by some state and National Consumer Forums.

Австралия

In Australia, the corresponding agency is the Australian Competition and Consumer Commission or the individual State Consumer Affairs agencies. The Australian Securities and Investments Commission has responsibility for consumer protection regulation of financial services and products.

Права потребителя в UK

The United Kingdom, as member state of the European Union, is bound by the consumer protection directives of the EU. Domestic (UK) laws originated within the ambit of contract and tort but, with the influence of EU law, it is emerging as an independent area of law. In many circumstances, where domestic law is in question, the matter judicially treated as tort, contract, restitution or even criminal law.

Consumer Protection issues are dealt with when complaints are made to the Director-General of Fair Trade. The Office of Fair Trading(OFT)  will then investigate, impose an injunction or take the matter to litigation. However, consumers cannot directly complain to the OFT. Complaints need to be made to the Citizens Advice Consumer Service who will provide legal advice to complainants, or re-direct the individual complaint to Trading Standards for investigation.

Due to restrictions within the Enterprise Act 2002, individual complainants are unable to be told whether their case is being investigated or not. In very rare cases, Consumer Direct may direct a very large number of complaints to the OFT to be considered as a systemic complaint. The OFT can also be engaged by consumer groups e.g. The Consumers Association or the statutory consumer protection body - Consumer Focus - via a super complaint.

The Office of Fair Trading also acts as the UK's official consumer and competition watchdog, with a remit to make markets work well for consumers, and at a local, municipal level by Trading Standards departments. General consumer advice can be obtained from the Citizens Advice Consumer Service or via a local branch of the Citizen's Advice Bureau.

The things everyone should know

Everyone should know their basic statutory rights for shopping - in other words, the rights you have by law which a shop can't change. Know these and you can enforce fair treatment. It's so crucial you should actually memorise it. To help, our mnemonic is to call them your SadFart rights, as when you buy goods they must be...

DO TAKE THINGS BACK AS QUICKLY AS POSSIBLE

If something's faulty - in other words it breaks the Sad Fart rules - returning it speedily is crucial.

• Within four weeks. You can usually still get a full refund as you're unlikely to be seen as having 'accepted' the goods. After that only expect exchange, repair or part-refund.

• Within six months. The shop must prove goods weren't faulty when they sold 'em – after that, you must prove they were.

These time limits define when you should take faulty goods back. They're totally separate to the "reasonable length of time" bit in the Sad Fart rules, which define what counts as faulty in the first place.

DON'T ASSUME YOU CAN EXCHANGE IT IF IT'S THE WRONG SIZE

Unless goods break the Sad Fart rules, you've no legal right of return. So don't buy someone clothes assuming they can change the size if they don't fit.

Many shops will allow it, but they don't have to. Unless that is, they've got a published returns policy allowing it - then it's a contractual condition of sale, so they must obey it. Это выдели ,когда будешь говорить.

DO RETURN IT TO THE STORE, NOT THE MANUFACTURER

If it breaks the Sad Fart rules, your agreement's with the shop you bought it from, NOT the manufacturer. So the retailer MUST deal with it - don't let it palm you off.

DO CHECK SUITABILITY BEFORE BUYING

The "as described" part of the Sad Fart rules is crucial.

Imagine you buy speakers for your TV, take them home and they don't connect to your specific television.

If you've proof (take notes if possible) the store said “it'll work with your telly”, then it's not as described, so you can return it. Yet if you didn't ask, and it's not in the literature, and the speakers still work if correctly plugged in, it's your problem - not the store's.

Conclusion

Nowadays, consumer rights plays a huge role. It is important to know your rights, especially important to know your rights at shopping and services. Knowledge of these rules can avoid financial losses and unnecessary problems. You will always be able to sensibly assess the situation and always know what to do.