quality characteristics listed in Article No. 1, paragraph 4 of Law No. 2300-1;
the standards prescribed in Article 1 of Law No. 2300-1;
the standards provided for by the Law on the Protection of Consumer Rights.
If these conditions are not met, it may philippine country code be decided that the buyer has encountered a product of inadequate quality.
Violations of the rules for the sale of goods
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If defects are found in the product, the seller is obliged to convey this information to the consumer in any accessible form (orally, by writing on the receipt or on the price tag). In certain cases, it becomes clear that the product has defects based on the exact place where it is sold. This includes consignment shops and discount stores. Then the transaction itself confirms that the buyer is aware of the product he is buying (defects are possible).
Law No. 2300-1 “On the Protection of Consumer Rights” (clause 1 of Article 18) states that if the buyer was informed about the poor quality of the product being sold, he cannot then go to court (regarding the purchase of a defective product) (decision of the Soviet District Court of Tula dated 21.01.2015 in case No. 2-48/2015).
But if the buyer has not been informed that the product has defects, he, for his part, may demand:
replace the purchased low-quality product with an equivalent one with normal quality characteristics;
a discount commensurate with the defect that cannot be eliminated due to certain characteristics of the product (when it comes to cosmetics, household chemicals, food products, etc.);
immediate elimination of the defect by the seller at his expense;
compensation for expenses (if any) to eliminate product defects (the buyer could eliminate them himself or seek help from other persons);
reimbursement of expenses incurred due to the purchase of low-quality products.
The customer has the right to demand that the seller accept the purchased product back and reimburse the money spent on it. The seller's duty is to accept the returned product and, if necessary, check the quality.
For certain products sold at retail, the mandatory requirement is the availability of information about expiration dates, use and warranty.
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Service life:
this is the time during which the product can be used directly for its intended purpose;
the time during which, in accordance with paragraph 1 of Article 5 of Law No. 2300-1, the manufacturer is responsible for the quality of the manufactured products;
the term is set by the manufacturer of the goods;
must be indicated on durable goods that become dangerous at the end of their service life (clause 2, article 5 of Law No. 2300-1). In other cases, the manufacturer decides for itself what terms to indicate;
is counted from the date of sale of the goods. If it is not possible to determine it, then from the date of production;
The manufacturer is responsible for the service life of the product.
Product expiration date:
a period of time after which a product is no longer suitable for use;
established by the manufacturer within the framework of current legislation;
according to Law No. 2300-1 (clause 4 of Article 5) it is defined for products that are consumed in full and over time lose their properties or even become dangerous (food products, medicines, perfumes, cosmetics, household chemicals, etc.);
counted from the date of issue.
According to the rules for the sale of certain types of goods, products for which the expiration date is not indicated (but its installation is mandatory) or has expired, cannot be put on sale.
Expiry date of goods
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Guarantee:
the period of time during which the buyer, having discovered defects, has the right to make the claims specified in Articles 18 and 29 of Law No. 2300-1;
its installation is not mandatory for absolutely all goods (clause 6, article 5 of Law No. 2300-1);
is established by the manufacturer of the product or its seller (clause 7 of Article 5 of Law No. 2300-1);
counted from the moment of sale, but in the sales contract the warranty periods can be agreed upon individually;
The manufacturer, seller or importer is responsible (clause 6, article 5 of Law No. 2300-1).
The new rules stipulate the requirements that the buyer can present to the seller during the expiration date or the warranty period if he/she discovers defects or deficiencies in the product. These terms are relevant specifically in the case of filing a complaint with the seller. Claims to the manufacturer are only allowed when serious (significant) deficiencies are found in the product (clause 1, article 5 of Law No. 2300-1). At the same time, in the new rules, the concept of "warranty period" is not accompanied by the clarification "significant".
As for durable goods, if the expiration date is not defined for them, claims for discovered defects can be made within two years from the date of purchase. This period can be extended separately on the basis of an agreement or current legislation.
If the warranty period does not exceed two years, then even after its expiration (but within two years from the date of its start), the buyer has the right to make claims to the seller related to discovered defects or deficiencies.