Consumer protection

The effectiveness of production (sales, services) activities of economic entities in the conditions of market relations directly depends on the level of its adaptation to the market, consumer demand, purchase motives and behavior. One of the main human rights is the rights of consumers. Paying special attention to the protection of consumer rights and the development of entrepreneurship, the state has succeeded in preventing monopolies in the country's economy and strengthening the fight against unfair competition, as well as improving public administration and creating a legislative framework in the field of consumer protection.

Who is the consumer?

The Law of the Republic of Azerbaijan "On Protection of Consumer Rights" provides extensive information on the concept of consumer. According to this Law, a consumer is a person who uses, receives, orders, or intends to buy or order goods, works and services for the purpose of meeting his personal needs.

History of enactment of consumer law.

We can note that for the first time on March 15, 1962, the US President John F. Kennedy's "Declaration on Consumer Protection" was adopted in connection with the protection of consumer rights. The Declaration defines the following rights of consumers.

  • The right to choose;

  • Security law;

  • The right to information;

  • The right to be represented.

Then, in 1975, the European Union adopted a regional document on "Recognition of Consumer Rights". The document defines the following rights of the consumer.

  • The right to protect the health and safety of consumers;

  • The right to protect the economic interests of consumers;

  • The right to compensation for damage to the consumer;

  • The right to consumer education;

  • The right to represent the consumer.

Ten years later, in 1985, the United Nations adopted the Guidelines for Consumer Protection. The document further expanded the rights of consumers. The Guidelines set out the following rights:

  • The right to basic needs;

  • The right to live in a healthy environment;

  • The right to choose;

  • Right to security;

  • Right to information;

  • The right to be represented;

  • The right to compensation for damage to the consumer;

  • Consumer right to education.

On September 19, 1995, Azerbaijan adopted the Law on Consumer Protection, developed on the basis of the “Guiding Principles for the Protection of Consumers' Interests” adopted by the UN General Assembly and aimed at bringing such relations in line with world practice in the Republic of Azerbaijan. This Law determines the general legal, economic and social bases and the mechanism of equal regulation of the relations between the consumer and the producer, the seller and the executor, and also protection of the rights of consumers in the process of purchase, work and service in order to create equal environment for consumers in the territory of the Azerbaijan Republic.

Consumer rights defined by law

  • Free choice of goods (works, services) and their producer and seller;

  • That the goods (works, services) they consume are of the required quality;

  • Security of goods (works, services);

  • To obtain complete and accurate information on the quantity, range and quality of goods (works, services);

  • in cases stipulated by the legislation, compensation for damage caused by goods (works, services) of insufficient quality, as well as dangerous to human health and life;

  • To apply to the competent state bodies and the court to protect his rights and legitimate interests;

  • To join public organizations (consumer unions).

Consumer rights when selling defective goods

If the consumer discovers a defect or falsification in the goods purchased during the warranty period specified in the contract or other rules, he has the right to demand from the seller or manufacturer at his own discretion:

  • To replace the required quality goods;

  • Reduce the selling price by an appropriate amount;

  • elimination of defects in the goods at the expense of the executor (seller, consumer) or reimbursement of expenses incurred by the consumer or third parties for the elimination of defects;

  • Replacement of the goods with goods of another model (brand, type, etc.) corresponding to that goods, subject to recalculation of value;

  • Termination of the contract and compensation for damages.

The right of consumers to receive information about goods (works, services)

Seller (executor) should provide necessary and accurate information to the consumer on: price of goods (works, services); consumer properties (in the case of food products, as well as composition, shelf life, caloric content, amount of substances harmful to health compared to the requirements of regulatory documents; conditions of acquisition; warranty obligations and claims on the methods and rules of promotion, use, storage and of goods.

The right to replace goods that do not meet the requirements of the consumer with goods of the required quality

The consumer has the following rights to replace the goods of the required quality with goods that do not meet the requirements:

  • If the non-food product of the required quality does not suit the consumer due to its shape, size, shape, color, he has the right to replace it with the appropriate product at the place of purchase.

  • The consumer has the right to replace the goods with the required quality goods within 14 days. For retail goods, it may take longer for the seller to determine.

  • If the consumer does not use the goods of the required quality and retains its appearance, consumer properties, seals, labels, as well as cash receipts and documents issued for the goods, then the consumer has the right to change it.

Judicial protection of consumer rights

Article 26 of the law provides for judicial protection of consumer rights. The article provides for compensation by the defendant in case of damage to the consumer. It also provides compensation for moral damage.

 Protection of consumer rights protected by law

The following responsibilities of the State Service have been identified in accordance with the directions of activity defined by the Regulations:

  • To take measures to prevent the inclusion in the contract of conditions restricting the rights of the consumer,

  • To exercise state control over the observance of the legislation on protection of consumer rights, including norms and rules of trade, public catering, household and other services,

  • To issue written requests (instructions) to eliminate violations of consumer rights or trade rules, to take measures to prevent violations in this area and to bring the perpetrators to justice in accordance with the law;

  • To consider and take measures to deceive consumers in terms of weight (size), price, calculations, failure to provide consumers with complete and accurate information about the goods, violation of the terms of sale.