195-1-4
ŞRİFTİN ÖLÇÜSÜ
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ŞRİFTİN NÖVÜ
San-Serif
Serif
ŞƏKİLLƏRİN TƏSVİRİ
RƏNGİN TƏSVİRİ
195-1-4
Frequently asked questions
  1. Prices are not shown on the goods sold in many stores. How should this be done by law?
    1. According to the decree of the Cabinet of Ministers of the Republic of Azerbaijan dated April 15, 1998, No. 80 "On rules of trade, household and other types of services (performing work, rendering services) in the Republic of Azerbaijan", all goods submitted for sale must have a price paper accurately drawn up with the name, type and price and the back side of the price paper must necessarily have the signature of the financially responsible person and the date of its completion.
  1. What information is the seller obliged to provide to the consumer about the goods?
    1. According to Article 13 of the Law of the Republic of Azerbaijan "On the Protection of Consumers' Rights", the seller (executor) is responsible for the price, consumption properties of the goods (work, service) of interest to the consumer (in the case of food products, also the composition, shelf life, caloric content, and the normative of substances harmful to health is obliged to provide necessary and correct information to the consumer about the conditions of acquisition, warranty obligations and claims, methods and rules of operation, storage and safe use of the goods.
    2. If providing false or incomplete information about the sold goods caused the consumer to purchase or to use the goods (work, service) that do not have the necessary properties, he has the right to cancel the contract.
  1. Please let me know how the warranty period of the goods is determined and how the warranty period of the sold goods is calculated.
    1. The warranty period is the period during which the warranty obligations stipulated in the relevant normative documents of the goods are valid. According to Article 6 of the Law of the Republic of Azerbaijan "On Protection of Consumer Rights", the warranty period starts from the moment the item is handed over to the buyer, unless a separate period is provided in the sales contract. The warranty period is indicated in the warranty card, passport of the product (work, service) or marking paper (label) or other document attached to the product (work, service). When warranty repair is carried out, the warranty period of the goods (work, service) is extended by the time it is under repair. The specified period is calculated from the day when the consumer makes a request to eliminate the defects. When the goods are replaced, the warranty period is recalculated from the date of replacement.
  1. What rights does the consumer have if he discovers a defect or counterfeit product during the warranty period? In what cases and how are these rights ensured?
    1. If the consumer discovers a defect or falsification of the goods purchased during the warranty period established by the contract or other regulations, he has the right to request the following from the seller or manufacturer:

    2. • replacing the product with required quality product;

    3. • reduce the selling price by an appropriate amount;

    4. • elimination of the defects of the goods at the expense of the executor (seller, consumer) or compensation for the costs incurred by the consumer or third parties for the elimination of defects;

    5. • replacing the goods with goods of another model (brand, type, etc.) corresponding to that goods, on condition of recalculation of the cost;

    6. • cancellation of the contract and payment of damages.

    7. The seller (executor) is obliged to take back the goods from the consumer that do not have the required quality and fulfill one of the stated requirements of the consumer.

    8. The consumer's request to change the goods should be fulfilled immediately if the goods are available, if necessary, its quality should be checked within 14 days from the moment of the relevant request or it should be changed within the period agreed between the parties.

    9. The consumer's request to replace the goods must be paid within two months from the date of submission of the relevant application if the goods are not available.

    10. In the case of selling low-quality food products to the consumer, if the quality is discovered during the product's shelf life, the seller must replace the product with a quality product or refund the amount of the product's value.
    11. The consumer's request is considered when a receipt, goods or cashier's check is presented, and for goods with a warranty period, a technical passport or another document that replaces it is presented.
  1. What can be done if the purchased goods are not guaranteed by the store, and the goods are damaged?
    1. The manufacturer (executor) ensures the normal operation (application and use) of the goods (work, service) as well as the component products during the warranty period stipulated by the legislation, and in the absence of these periods in the manner determined by the contract.

    2. Consumer has a right to make claims against the seller (producer, executive) about the defects found in the goods without a specified warranty period, unless otherwise stipulated in the contract, within the period of 2 years or longer specified by Article 589.2 of the Civil Code of the Republic of Azerbaijan
  1. What is the shelf life of an item and how is shelf life calculated?
    1. According to Article 584 of the Civil Code of the Republic of Azerbaijan, the shelf life is the period that limits the suitability of the item for its intended use. The seller must give the item with a specified shelf life to the buyer in such a way that the buyer can use the item for its intended purpose until the shelf life expires. The shelf life of an item is determined by the period of time that indicates its suitability for use, calculated from the date of its manufacture, or by the date on which the item expires.
  1. Is there a warranty for the adapter or the headset that comes with the phone?
    1. The warranty period of complementary products should not be less than the warranty period of the goods (work, service) itself, unless otherwise specified in the legislation or the contract.
  1. What rights does the consumer have if the repair period of the goods for repair takes too long?
    1. If the executor does not start the execution of the contract for the performance of work and services on time, or if his slowness indicates that the work will not be completed on time, the consumer has the right to refuse the contract and demand compensation for losses.

    2. If the works (services) significantly deviate from the terms of the contract, or if there are other important defects, if the consumer gives the executor an additional period to eliminate those defects, and if the work (service) is not performed during this period, consumer has the right to entrust its removal to third parties to demand the cancellation of the contract and payment of losses, or to pay for the defects at the expense of the executor.

    3. When the contractor loses, spoils, or damages the item received from the consumer, he must return to the consumer an item similar in quality and price (do work and provide service), if this is not possible, he must pay the value of the item (material) and the losses incurred to him with the consent of the consumer, no later than one month.
  1. What documents about the goods is the seller obliged to provide to the consumer?
    1. According to the Law of the Republic of Azerbaijan "On the Protection of Consumer Rights", at the request of the consumer, the seller (executor) is obliged to provide him with documents confirming the origin, quality and safety of the goods.
  1. How to exchange goods?
    1. According to Article 623 of the Civil Code of the Republic of Azerbaijan, if a longer period of time has not been announced by the seller, the buyer can replace the purchased goods with a different size, shape, color or structure to a similar product. At this time, if there is a difference in price, the necessary settlement is made with the seller. If the seller does not have the necessary goods for exchange, the buyer can return the goods to the seller and get back the amount of money he paid for the goods.

    2. The buyer's request for the exchange or return of the goods must be paid under the condition that the goods have not been used, the consumer properties have been preserved and also there is evidence of receipt from the seller.
  1. Which items cannot be exchanged or returned?
    1. By the decision of the Cabinet of Ministers of the Republic of Azerbaijan No. 114 dated May 21, 1998, the list of goods that should not be exchanged in retail trade facilities in the territory of the Republic of Azerbaijan was approved.

    2. Those goods are:

    3. -gold and gold products;

    4. -products made of precious and semi-precious metals, stones;

    5. -some goods (ribbons, towels, edging) sold in all types of fabrics and sizes, except for manufacturing defects;

    6. -parfume-cosmetic products;

    7. -underwear for kindergarten and newborn children;

    8. -household chemical products;

    9. -personal hygiene items (toothbrushes, combs, curlers, etc.);

    10. -children's toys;

    11. -men's, women's and children's socks, underwear which have been used with the exception of manufacturing defects, without labels;

    12. -products made of plastic for food;

    13. -food items have been paid for and removed from the store (within the shelf life)
  1. I bought shoes from the store, and after bringing them home, they pinched my feet. Can I exchange this shoe?
    1. According to the Law of the Republic of Azerbaijan "On the Protection of Consumer Rights", if a nonfood product of proper quality does not suit the consumer due to its shape, size, style, color, or cannot be used for its purpose due to other reasons, the consumer has the right to exchange it for a suitable product at the place of purchase.

    2. If the good quality goods purchased by the consumer have not been used and their appearance, consumer properties, seal, label, as well as the goods or cash register receipt or other documents given to them together with the goods have been preserved, in these cases it can be replaced.

    3. The consumer has the right to exchange the goods for goods of the required quality within 14 days, not counting the day of purchase. A longer period of time may be declared by the seller for the replacement of a retail item.
  1. How is the quality and safety of imported goods controlled?
    1. Food products with state hygiene registration, issued in the established manner or with recognized conformity certificates can be imported from foreign countries to the Republic of Azerbaijan. It is not allowed to enter the customs territory of Azerbaijan food products without relevant certificates issued according to the normative documents in force in the Republic of Azerbaijan. The quality and safety indicators of the product must be included in the agreement (contract) concluded between the buyer and the seller on the import of food products.

    2. Compliance of the imported food product with the quality and safety indicators specified in the contract and accompanying documents is one of the absolute conditions for putting that product on sale.
  1. Can the consumer check the quality, size, weight and price of the purchased goods at the commercial facility?
    1. The consumer has the right to check the quality, completeness, size, weight and price of the purchased goods, to demonstrate the correct and safe use of the goods. In such cases, the seller must provide controlmeasuring devices and documents about the price of the goods at the request of the consumer. If it is necessary to determine the reasons for the loss of the quality of the goods during the warranty period, the seller must send the goods for examination within 3 days after receiving the written application of the consumer. Expertise is carried out at the expense of the seller.
  1. Is it necessary to conclude a contract when buying goods and in what form is this done?
    1. In civil litigation, relations between consumers are usually regulated by contracts, and in case of nonfulfillment of obligations by the executor, the consumer can defend his rights based on the contract.

    2. In civil litigation, relations between consumers are usually regulated by contracts, and in case of non-fulfillment of obligations by the executor, the consumer can defend his rights based on the contract.
  1. What are the consumer's rights and the executor's responsibility when the terms of the contract for work and service are violated?
    1. If the executor does not start the execution of the contract for the performance of work and services on time, or if his slowness indicates that the work will not be completed on time, the consumer has the right to refuse the contract and demand compensation for losses.

    2. If the works (services) significantly deviate from the terms of the contract, or if there are other important defects, if the consumer gives the executor an additional period to eliminate those defects, and if the work (service) is not performed within this period, to demand the cancellation of the contract and payment of losses, or to pay for the defects at the expense of the executor has the right to entrust its removal to third parties. If the executor deviates from the terms of the contract, has deteriorated the work (service), or has caused other defects in the work (service), according to the consumer's request, the specified defects must be eliminated free of charge at the expense of the executor in the appropriate period, or the necessary expenses incurred while eliminating the defects of the work (service) with his own funds has the right to request the payment of expenses or the corresponding reduction of the fee for the work (service).
  1. I ordered food at the cafe, but the food delivered was old and of poor quality. What could I do with the law in this case?
    1. According to the decision No. 80 dated April 15, 1998 of the Cabinet of Ministers of the Republic of Azerbaijan "On the Rules of trade, household and other types of services (doing business, providing services) in the Republic of Azerbaijan", when the consumer is given food (product) of poor quality or cooked with violation of production technology, executor should change the food.
  1. When sending damaged goods for repair, in what order should the documentation be done?
    1. When sending damaged goods for repair, the documentation can be formalized in a simple written form and the customer must be given a coupon, cashier's check or receipt. The submitted documents mainly include the date of acceptance of the order, the price of the work to be done, etc. issues should be reflected. If the terms of the contract or document drawn up during the acceptance of the order limit the rights of consumers provided for in the Civil Code of the Republic of Azerbaijan, the Law of the Republic of Azerbaijan "On the Protection of Consumer Rights", that contract or document is considered invalid. If the contract (receipt) or other document under which the order was formalized is lost, the performed work (rendered service) is provided (issued) to the consumer based on the application and identification document submitted by him.
  1. What documents about the goods is the seller obliged to provide to the consumer?
    1. The manufacturer shall provide technical service to the goods and their guaranteed repair, as well as the supply of spare parts in the volume and variety necessary for technical repair and service organizations during the entire production period, and after the goods (work, service) are removed from production, during the service period, which is not provided for in this period in some cases, it must be provided within 10 years. The repair of goods out of warranty is carried out at the expense of the consumer.
  1. How should the settlement be made for goods purchased from the store?
    1. According to clause 38 of the "Rules of trade, household and other types of services (doing work, rendering of services) in the Republic of Azerbaijan" approved by the decision No. 80 of the Cabinet of Ministers of the Republic of Azerbaijan dated April 15, 1998, buyers can pay cash for the goods they purchase or they can settle by noncash settlement with the help of check books, settlement checks and credit cards issued by bank offices.
  1. What is the certificate of origin of goods and what additional advantages does its obtainment give to entrepreneurs (exporters)?
    1. According to the Decision No. 190 dated 29.11.2007 of the National Council of the Republic of Azerbaijan on the approval of the "Rule for Determining the Country of Origin of Goods". When the goods are removed from the customs territory of the Republic of Azerbaijan, a certificate of the origin of the goods is provided, if necessary, provided in the international agreements (agreements) of which the Republic of Azerbaijan is a party, as well as other types of agreements (agreements, contracts) and normativelegal acts. Certificate of origin is a document issued by the competent authority of the exporting country, in accordance with national legislation, which unambiguously confirms the country of origin. The country of origin of the goods is determined in order to ensure the implementation of tariff and non-tariff measures, including other measures determined by the legislation, on the goods brought to the customs territory of the Republic of Azerbaijan and exported from this territory. Obtaining a certificate of origin enables entrepreneurs (exporters) to pay import customs duties in the importing country under favorable conditions during the export of goods.
  1. What is the quality certificate, to whom it is given and in what cases?
    1. Resolution No. 135 of the Cabinet of Ministers of the Republic of Azerbaijan dated July 13, 2005 states that the quality certificate is a document that confirms the compliance of the product's quality and safety indicators with the requirements of the valid normative documents. The quality certificate is issued during the export of products by enterprises that have received a confirmation code number for the export of food products to the countries of the European Union. The certificate is a document confirming the conformity of the products to the European Union requirements for quality and safety. Certain forms are used for the certification of each type of food product during export.
  1. What are the defects that the seller is responsible for?
    1. According to Article 588 of the Civil Code of the Republic of Azerbaijan, the seller is responsible for the defects of the item if the buyer proves that the item's defects were caused by reasons that arose before or before handing over to the buyer.
  1. What is the amount of the administrative fine applied for the sale of expired products?
    1. According to Article 228.0.2 of the Code of Administrative Offenses of the Republic of Azerbaijan, officials are fined from 1,500 to 2,000 manats and legal entities from 4,000 to 5,000 manats for selling expired products.