The following concepts are used in this Law:
consumer — a citizen (physical person) who buys goods, orders to perform works or provide services for personal consumption or other purpose, not connected with profit or a citizen who has this intention;
manufacturer — an enterprise, organization, institution or individual entrepreneur who produces goods for realization to a consumer;
executor — an enterprise, organization, institution or individual entrepreneur performing works or providing services to consumer under the contract in the sphere of household service, housing and communal services, repair and construction, transport and other services;
seller — an enterprise, organization, institution or individual entrepreneur, performing the sale of goods to consumer under the sale contract;
contract — a verbal or written agreement between a consumer and a seller (manufacturer, executor) on quality, quantity, term, price and other terms in realization of sale and purchase of goods, performing works or providing services;
goods — the outcome of manufacturing activity, intended for sale on the contract by consumer, including the outcome of import;
normative documents — standards, other documents equivalent to them (town-planning norms and rules, state pharmacopoeia and pharmacopoeia articles, etc.), technical conditions, technical specifications, receptions and other documents, including requirements to quality and safety of goods (work, service);
security of goods (work, service) — an absence of danger connected with the possibility of damage to consumer's life, health or property and environment in the ordinary conditions of consumption, use, storage, transportation or utilization of goods, as well as in the ordinary conditions of the use of results of work or service;
certificate of conformity — a document certifying conformity of the certified product to the established requirements;
defect of goods (work, service) — non-compliance of goods (work, service) with compulsory requirements of normative documents, terms of contract or typical requirements for quality of goods (work, service);
a serious defect in goods (work, service) — a deficiency that makes goods (work, service) inaccessible for defined purpose, or requires a lot of work and time to eliminate;
warranty period — the established regulatory period (in months) or in the form of operating time (in hours, cycles of operation, kilometers, etc.), during which the manufacturer (executor) guarantees and ensures that the requirements for the quality of goods (services) stipulated by regulatory documents are met) when fulfilling the operating rules;
service period — is a fixed period for the use of goods, which should be terminated to use it regardless of the technical condition of goods;
period of validity (storage) — is a specific period during which product is usable and after this period product can endanger peoples’ life and health;
cash checks — a document confirming the purchase of goods or payment of work (service), indicated the price of goods (work, service), the date of payment and the number of cash desk;
a check — a document confirming the purchase of the goods or payment of work (service), indicated the price of the goods (works, services), the date of payment and the name and address of the seller.
withdrawal of goods (work, service) from a consumer — any measure which is carried out by manufacturer (executor, seller) oriented to take goods (work, service) back that are not in compliance with the requirements of safety of goods (work, service) if the goods (work, service) have been converted into the consumer property or invited to it;
disposition of goods (work, service) — any measure, which is carried out by the manufacturer (executor, seller) oriented to end the offer to goods (work, service) and do not let that happen, on the goods (work, service), which does not meet the requirements of safety of goods (work, service);
Protection of consumer rights in the Republic of Karakalpakstan is regulated by the legislation of the Republic of Karakalpakstan.
Legislation may not restrict the rights of consumers established by this Law and reduce the safeguards of their protection.
If there is established other rules in international treaty or agreement participating in The Republic of Uzbekistan than those stipulated by the legislation of the Republic of Uzbekistan on protection of consumer rights, the rules of international treaty or agreement shall be applied.
get accurate and complete information about goods (work, service), as well as the manufacturer (executor, seller);
full compensation of material and moral damage caused by goods (work, service), which has a defect for life, health and property, as well as unlawful actions (inactions) of manufacturer (executor, seller);
to apply to court and other competent state bodies for the protection of violated rights or interests protected by law;
For certain groups of consumers included in the category of socially-vulnerable groups, benefits and preferences can be set by law for trade, household services and other types of rendering service.
Manufacturer must inform consumer of the name and (legal) address of his/her company. Such information should be indicated in a production sign or trade mark or presented in other way.
Seller (executor) is obliged to inform consumer about company name, its location (legal address) and the order of its business. This information should be reflected in the caption.
The information provided for in second part of this article shall be brought to the notice of consumer in the case of trade and service are held on temporary buildings, fairs, portable shops, or trade and service are carried out outside the permanent location of seller (executor).
Seller (executor) is obliged to provide to consumer with full information about the rules of commodity trade, household service and other kinds of service.
Manufacturer (executor, seller) is obliged to provide to consumer timely, accurate and clear information about goods (works, services) they sell.
the name of regulatory document, which must meet the mandatory requirements of goods (work, service);
the service life (validity period) of the goods and the information on what tasks consumer should to do after the expiration date, as well as the consequences which may arise as a result of non-performance of such tasks;
the name of manufacturer (executor, seller) and the form of property ownership, registration and license number;
addresses of manufacturers (executor, seller) and enterprises authorized to accept claims from consumer, as well as repair and maintenance services;
Absence of necessary information about goods (work, service) shall result in suspension of selling these goods (work, service) by the order of the relevant state authority till information is provided.
purchase of goods (works, services) which do not have necessary consumer features, consumer has the right to cancel contract and demand compensation for damage caused to him/her;
inability to use the intended purpose from the purchased goods (work, services), the consumer has the right to request the information provided in a reasonable short (maximum three days) period. If the information is not submitted within the specified period, consumer has the right to cancel contract and demand damages;
damage to the life, health or property of consumer, he/she has the right to put forward requirements to manufacturer (executor, seller), stipulated by the legislation.
Requirements of consumer for compensation of damages caused by inadequate or inadequate information on goods (work, service) shall be considered on the basis of the description of features and nature of goods (work, service) on which consumer does not have special knowledge.
Damage to consumer caused by wrongful advertisement (work, service) shall be fully compensated by manufacturer (executor, seller).
The consumer has the right to freely purchase the goods (work, services) by concluding an agreement under which the seller (manufacturer, executor) agrees to transfer to the consumer the goods (perform work, providing service) in a certain quantity and quality, and the consumer agrees to pay the agreed money.
Exposed goods, decorated with a price tag, and information on goods (works, services) offered to visitors are recognized as an offer for concluding an appropriate contract.
The contract between the consumer and the manufacturer (executor, seller) is considered concluded when an agreement is reached between the parties on the subject of the contract, quantity, price and other essential conditions.
An agreement executed directly upon its conclusion, as a rule, is concluded orally, with the exception of cases established by law. An agreement that is not executed upon its conclusion (upon prior orders, upon parcel trade and in other cases) is concluded in written form.
The consumer has the right to check the quality, completeness, weight and price of the purchased goods (work, services), and the seller (manufacturer, executor) is obliged to provide control and measuring instruments, price documents, demonstrate it in action, teach safe and proper use, and if necessary — send the goods for examination.
The rules on certain types of sales contracts, as well as the rules for the sale of certain types of goods (works, services) are approved by the Government of the Republic of Uzbekistan.
The form and procedure for payment for goods (work, services) are determined by agreement between the consumer and the seller (manufacturer, executor). The sale of goods on credit is carried out in the manner prescribed by the rules for the sale of goods on credit, approved by the Government of the Republic of Uzbekistan.
When making a sale, the consumer is issued a cash or sales receipt. Sale of goods without issuing a cash or sales receipt is prohibited.
The manufacturer (executor) must establish a warranty period for all types of durable goods and services. The warranty period is calculated from the day the product is sold to the consumer or the service is provided. If the date of sale of the goods cannot be established, this period shall be calculated from the date of manufacture of the goods.
The manufacturer (executor) is obliged to ensure the normal operation (application, use) of the goods (services), including components during the warranty period.
The warranty periods for components must be no less than the warranty period for the main product, unless otherwise provided by law.
The warranty period is indicated in the passport for the product (service) or in another document issued to the consumer with the product when it is sold or the service is provided.
The manufacturer is obliged to ensure the possibility of using the goods during the warranty period and its service life, to organize repair and maintenance of the goods, release and delivery to trade and repair organizations in the required volume and range of spare parts during the production period of the goods and after they are removed from production during the service life of the goods, and in the absence thereof, within ten years from the date of removal of the goods from production.
On medicines and medical devices, food products and household chemicals, the date of issue, expiration date and storage conditions must be indicated. Sellers are prohibited from accepting and selling goods without specifying the release date and expiration date or with an expired expiration date.
The consumer has the right to guarantee that the goods (work, service) he/she has purchased are manufactured or performed in compliance with sanitary and hygienic requirements, including radiological, anti-epidemic and other applicable norms and rules, and is safe for his/her life, health, environment, and also does not harm his/her property.
Requirements for the safety of goods (work, services) for life, health, property of consumers and the environment are determined by law.
The manufacturer (executor) is obliged to ensure the safety of the goods (work, services) during the specified period of its service or expiration date, and if it is not established, within ten years from the date of sale of the goods (work) to the consumer.
For the release of goods (work, services) that pose a danger to life, health, property of consumers and the environment, in accordance with the legislation shall be responsible:
health protection, ecology and environmental protection, veterinary services or other bodies that authorized the release or sale of dangerous goods (work, services).
Damage caused to the life, health or property of the consumer as a result of the failure to ensure the safety of the goods (work, service) shall be compensated in accordance with article 20 of this Law.
If compliance with special rules is necessary for the safe use of the goods (work, services) or their transportation and storage, the manufacturer (executor) is required to develop such rules, the seller (executor) must disseminate them to the attention of the consumer.
If it is detected that the use, storage, transportation or disposal of goods, the results of work (services) cause or may cause harm to life, health, property of the consumer or the environment, the manufacturer (executor, seller) is obliged to immediately suspend their production (performance, sale) until eliminate the causes of harm, take measures to remove them from circulation and to withdraw from consumers.
If it is impossible to eliminate the causes of harm, the manufacturer (executor, seller) is obliged to remove such goods from production, to stop performing work and providing services, while medical, food and household chemicals must be disposed of by the seller or manufacturer. If seller or manufacturer (executor) does not fulfill these obligations, the removal of goods from production, the cessation of performing work and providing services, their withdrawal from circulation and from consumers is carried out by order of government bodies that control the safety and quality of goods (work, services).
The procedure for withdrawing from the circulation of consignments of goods, prohibition of performing work and providing services that are dangerous to life, health and property of the consumer and the environment, is established by the Government of the Republic of Uzbekistan.
Damages caused to the consumer in connection with the withdrawal of the goods, the prohibition of the performance of work and providing services are subject to compensation by the manufacturer (executor, seller) in full.
If the manufacturer (seller) has taken all necessary measures to withdraw the goods with dangerous features, he/she is exempt from liability for harm caused by the fact that the consumer continued to use the specified goods.
A consumer to whom goods with defects are sold, if this was not agreed upon at the conclusion of the contract, has the right, at his/her choice, to demand:
replacements for the same product of another brand (model) with the corresponding recalculation of the purchase price;
freely elimination of defects in goods or replacement of expenses for correction of defects by a consumer or a third party;
two years from the date of transfer of real estate to the consumer, if longer periods are not provided for by contract;
If a consumer detects defects in products sold to him/her, which are included as independent elements in sets, headsets, kits, complexes and having independent prices, he/she is entitled to present the requirements provided for in part one of this article, both with regard to the entire set, headset, set, complex, and self-contained elements having disadvantages.
The requirements set forth in the first part of this article are presented by the consumer to the seller.
Consumer requirements are considered upon presentation of a cash or sales receipt, and for goods for which the warranty period is established, a properly executed technical passport or other equivalent document.
Defects found in the product are eliminated by the manufacturer. The relationship between the manufacturer and the seller is regulated by the contract.
If the consumer loses the technical passport, its restoration is carried out in accordance with law.
If a consumer detects manufacturing, structural, compositional or other defects in a product, the seller (manufacturer) must replace it with a product of a similar brand (model) within seven days, and if necessary, an additional check by the seller (manufacturer) of the quality of the goods - within twenty days from the moment the customer makes a claim.
In the absence of goods of a similar brand (model), the consumer's demand for a replacement is subject to satisfaction within a month from the date of the claim. For desert and remote areas, areas of periodic delivery, such requirement of the consumer is subject to satisfaction by the time required for the next delivery of goods to these areas, but not more than two months.
For each day of violation of these terms, the seller (manufacturer) pays to the consumer at the same time as the replacement of the replaced product the penalty (surcharge) in the amount of one percent of the price of the goods.
With the consent of the consumer, the seller is obliged to replace goods with defects with the same goods of another brand (model) with the corresponding recalculation of the purchase price.
Defects found in the product during the warranty period must be eliminated free of charge by the seller within twenty days, and by the manufacturer within ten days from the date of the relevant demand by the consumer.
The consumer has the right to present to the manufacturer a demand for the free elimination of defects in the goods after the warranty period. Such requirement can be presented within the established service life, and if the service life is not established - within ten years, if the product revealed significant defects made through the fault of the manufacturer.
At the request of the consumer for the period of repair of durable goods, within three days after the presentation of the goods with defects, they are provided (with delivery by the seller or his/her representative at the expense of the seller) goods of the same brand (model). The manufacturer together with the seller on a contractual basis are required to provide for this an exchange fund of goods. The list of durable goods to which these requirements do not apply is established by the Government of the Republic of Uzbekistan.
In the case of a requirement to eliminate defects in the product, the warranty period of its operation is extended by the time during which the product could not be used by the consumer. The indicated time is calculated from the date of the consumer’s request to eliminate the defects.
The seller (manufacturer) pays the consumer a penalty (surcharge) in the amount of one percent of the price of the goods for each day of delay in fulfilling the buyer's demand for the provision of similar goods for the period of repair, as well as for each day of delay in eliminating defects beyond the time period arising from the contract.
If the seller (manufacturer) has not complied with the consumer’s requirements to replace the product or eliminate defects in it, the consumer has the right to demand a commensurate reduction in the purchase price of the goods or termination of the contract with compensation for losses and moral damage in accordance with articles 20 and 22 of this Law.
When replacing goods with defects with goods of the same brand (model) in the event of a change in price, recalculation is not performed.
When replacing goods with defects with goods of another brand (model) if the price of the goods to be replaced is lower than the price of the goods provided in exchange, the consumer must pay the difference in prices, and in the case where the price of the goods to be replaced is higher prices of goods provided in exchange - the difference in prices is paid to the consumer. In these calculations, in case of an increase in the price of the goods to be replaced, its price is applied at the time of the presentation of the demand, in the case of a decrease in the price - at the time of purchase.
Upon termination of the contract, settlements with the consumer are made in case of an increase in the price of the goods based on its value at the time of the presentation of the relevant demand, and in the case of a decrease in the price based on the value of the goods at the time of purchase.
Upon the termination of the contract, the consumers, to whom the goods were sold on credit, shall be refunded in the amount of the repaid loan at the time of returning the goods, and the fee for providing the loan shall also be compensated.
Big scale goods and goods weighing more than five kilograms are delivered for repair, reduction price, replacement, and return to the consumer by the forces and at the expense of the seller (manufacturer). In case of failure to fulfill this obligation, delivery and return of goods may be carried out by the consumer. In this case, the seller (manufacturer) is obliged to replace the consumer for the costs associated with the delivery and return of the goods.
The consumer has the right within ten days from the date of purchase to exchange non-food goods of acceptable quality for the same from the seller where he/she was purchased, and in the absence of such goods on sale - to receive money.
The exchange procedure and the list of goods not subject to exchange are determined by the rules approved by the Government of the Republic of Uzbekistan.
Executor is obliged to complete the work (to provide the service) in time, amount and quality established by the rules for the execution of certain types of work (provision of certain types of services) or the contract.
The time period for the performance of work (provision of the service) may be determined by the date (time period) by which the work (service) must be performed (provided), as well as by the date (time period) when the executor must begin its performance (provision). If the work (service) is performed (is provided) in parts (delivery of periodicals, maintenance and others) during the term of the contract, phased periods (time periods) of the work (provision of services) should be provided.
The consumer has the right to withdraw from the contract on the performance of work, the provision of the service and demand compensation for losses if the executor does not start timely execution of the contract or it becomes obvious that it will not be completed on time.
If the executor made a significant departure from the terms of the contract that worsened the work (service), or made other significant shortcomings in the work (service), the consumer has the right to demand the free elimination of shortcomings, the corresponding reduction in the price of the work (service), the free manufacture of another thing from homogeneous material of the same quality or re-execution of work, or termination of the contract for the full compensation of losses incurred.
if shortcomings are detected during the acceptance of the work (service) or during its implementation;
during the warranty period, and in its absence within six months from the date of acceptance of the work (service);
The deadlines for the elimination of shortcomings detected during the course of the work (provision of the service) are established by the contract. Shortcomings in the work performed (the service rendered) must be eliminated by the contractor within twenty days from the date the customer submits the claim, unless a shorter period is established by the contract. In case of failure to eliminate shortcomings within the prescribed period, as well as delays in the beginning and end of the work (service), the executor pays the consumer a penalty (surcharge) in the amount of one percent of the cost of the work (service) or the cost of the order (if the cost of the work (service) is not separately determined) for each day of delay, hour (if the period is specified in hours).
The amount of the penalty (surcharge) collected by the consumer cannot exceed the price of a particular type of work (service) or the total price of the order.
The payment by the executor of a penalty (surcharge) for the delay in eliminating shortcomings in the work performed shall not be counted against the losses to be compensated.
The payment by the executor of the penalty (surcharge) for non-fulfillment or improper fulfillment of the obligation and compensation for losses do not exempt him/her from the performance of obligations in its original form.
In case of loss, damage to the thing (material) accepted from the consumer or work performed from the consumer’s material with significant shortcomings or deviations, the executor is obliged to return to the consumer a thing of similar quality (to perform work or provide a service from material of similar quality), and if it is impossible, to compensate him/her twice the value of the thing (material) at the time of the presentation of the claim.
The cost of the thing (material) accepted by the executor for the performance of work and the provision of services is determined by agreement of the parties when concluding the contract.
Settlements with the consumer in the presence of significant defects or significant deviations from the terms of the contract in the work (service), as well as in the case of loss, damage to the thing (material), are made taking into account the increase in their price at the time of termination of the contract.
The executor shall be liable for harm caused to the consumer by poor-quality work (service) in accordance with articles 20 , 22 , 27 , 29 of this Law.
Features of the relationship between consumers and contractors under contracts for the performance of work and the provision of services that by their nature are not subject to this article, as well as the consequences of failure to perform or improper performance thereof, are determined by the rules on certain types of these contracts established by law.
Damage caused to the life, health or property of the consumer as a result of constructive, production, composition and other defects of the goods (work, services), as well as the use of materials, equipment, devices, tools, devices or other means that do not ensure the safety of the life, health or property of the consumer, subject to compensation by the seller (manufacturer, executor).
The right to demand compensation for damage caused as a result of defects in the goods (work, service) is recognized by any victim, regardless of whether he/she was in a contractual relationship with the seller (manufacturer, executor) or not.
Damage caused to the life, health or property of the consumer shall be compensated if it occurs within the service life (expiration date) stipulated by regulatory documents, and if it is not installed, within ten years from the date of manufacture of the goods (acceptance of work, service).
The seller (manufacturer, executor) is exempted from liability if he/she proves that the damage was caused due to force majeure or violation by the consumer of the established rules for use, storage or transportation.
The terms of the contract, which infringe the consumer’s rights and contradict the law, are recognized as invalid. If losses are incurred as a result of their application to the consumer, they are subject to compensation by the manufacturer (executor, seller).
The seller (executor) does not have the right to demand on the purchase by the consumer of additional goods or the provision of additional services, as well as to charge for non-provided services.
Moral damage caused to the consumer as a result of violation of his/her rights shall be compensated by the inflicter of harm if he/she is guilty. The amount of compensation for moral damage is determined by the court.
Compensation for moral damage is carried out regardless of compensation for property damage and losses incurred by the consumer.
The state guarantees consumers the protection of their rights and interests protected by law when purchasing and using goods (work, services).
State protection of consumer rights is provided by public bodies and administration, as well as courts.
The specially authorized state bodies for the protection of consumer rights are: The State Committee of the Republic of Uzbekistan for the promotion of privatized enterprises and the development of competition; Uzbek Agency for standardization, metrology and certification (hereinafter - “Uzstandard”); Ministry of Health of the Republic of Uzbekistan; State Committee of the Republic of Uzbekistan on Construction; State Committee of the Republic of Uzbekistan on ecology and environmental protection; other government bodies that, within their competence, exercise control over compliance with consumer protection laws.
interact with authorized state bodies for the protection of consumer rights and public associations of consumers;
In order to protect consumer rights, the State Committee of the Republic of Uzbekistan for the promotion of privatized enterprises and the development of competition and its territorial bodies:
request the necessary documents, explanations and other information from the manufacturer (executor, seller) in case of detection of signs of violation of consumer protection laws;
send an order to the manufacturer (executor, seller) to eliminate deficiencies that violate the rights of consumers;
In order to ensure the safety and quality of goods (works, services), the “Uzstandard” Agency, the Ministry of Health of the Republic of Uzbekistan, the State Committee of the Republic of Uzbekistan on Construction, the State Committee of the Republic of Uzbekistan on ecology and environmental protection and other government bodies that monitor safety and quality of goods (works, services), within its competence:
establish mandatory requirements for the safety and quality of goods (works, services) and monitor compliance with these requirements;
send instructions to manufacturers (executors, sellers) on eliminating violations of the requirements for safety and quality of goods (works, services), discontinuing production, stopping the production and sale of substandard goods (works, services), withdrawal them from consumers, and also inform consumers about this;
file lawsuits against manufacturers (executors, sellers) in the courts if they violate requirements for the safety and quality of goods (work, services).
The activities of state governance bodies that monitor the safety and quality of goods (works, services) are coordinated by the Government of the Republic of Uzbekistan.
Officials of the manufacturer (executor, seller), as well as individual entrepreneurs for the acceptance for the sale and sale of goods without specifying the release date and expiration date, for which the legislation establishes a mandatory indication of the release date and expiration date, acceptance for the sale and sale of goods with expired shelf life evasion of execution, failure or improper fulfillment of orders to eliminate violations of the rights of consumers, as well as failure to provide information to consumers or providing for false information about goods (works, services), violation of rules of obligatory certification of goods (works, services), causing damage to consumers of goods (works, services) that do not meet regulatory requirements, subject to administrative liability.
The application of administrative penalties does not exempt manufacturers (executor, sellers) from the obligation to eliminate violations.
Officials of government bodies that exercise control over the safety and quality of goods (works, services), in case of damage to consumers with goods (works, services) that do not meet the requirements for the safety of goods (works, services), are liable in accordance with legislation.
The manufacturer (executor, seller) has the right to appeal the instruction of the state body directly to the court or to a higher subordinate body or official.
An appeal of the instruction of state body to a higher subordinate body or official does not exclude the right to appeal to court.
An appeal to court of the instruction of state body shall suspend its execution, until a court decision comes into force, with the exception of instructions related to the prevention of emergencies, epidemics, and other real threats to the life and health of the population.
The executor providing financial services is obligated to insure its liability in case of liquidation or bankruptcy in order to satisfy the requirements of consumers.
The financial services executor is obliged to provide the consumer with information about the existence of an insurance contract for the liability of the executor for damage to the consumer.
In case of violation of consumer rights, he/she has the right to apply to the court. Claims shall be filed at the location of the defendant, the consumer, or at the place of the injury, unless otherwise provided by legislative acts.
Consumers in claims related to the violation of their rights, as well as state bodies that monitor the safety and quality of goods (work, services), public associations of consumers in claims filed in the interests of consumers (an indefinite audience of consumers), are exempted from paying the state duty.