How a consumer can return a product?

A good quality product is a good that quality meets all requirements and has no flaws. But it may not fit in size, style, color and configuration. In this case, in accordance with Article 14 of the Law of the Republic of Kazakhstan "On Consumer Rights Protection" , within 14 days you can exchange the product for a similar one, but already suitable in all respects. In the event that such a product was not found, the consumer can return the item and receive a refund of the amount paid.

Poor quality goods. According to Art. 15 of the Law of the Republic of Kazakhstan “On Consumer Rights Protection”,  a consumer to whom a product of inadequate quality is sold, if its shortcomings were not specified by the seller, has the right to demand at his choice:

• a proportional reduction in the purchase price;
• free of charge elimination of product defects
• reimbursement of their expenses for the elimination of defects in the goods;
• replacement for goods of a similar brand (model, article);
• replacement for the same product of another brand (model, article) with a corresponding recalculation of the purchase price;
• agreement termination and return of the amount of money paid for the goods.

Goods that do not comply with the law requirements. Such goods include products sold with an expired shelf life, goods that do not meet the requirements established by technical regulations, regulatory documents for products, including those issued in violation of intellectual property rights.

Most often, buyers make a mistake: they complain to the seller verbally. At the same time, there are sellers who deliberately delay the solution of this problem, and after the expiration of the period (14 days), the consumer will no longer be able to prove that he contacted the seller in a timely manner for a refund or exchange of goods, and according to the law, the seller has the right to refuse it. The consumer, whose rights and legitimate interests have been violated, has the right to apply to the seller (manufacturer, performer) with a claim to avoid the violations of the rights and legitimate interests and compensate the consumer for the loss (harm) caused by these violations due to the goods (work, service) defects on a voluntary basis.

The consumer's claim to the seller (manufacturer, performer) is handed in 3 ways:

- in hand (it is necessary to obtain the seller's signature with the date of acceptance of this document)

- sent in the form of registered mail with acknowledgment of receipt

- to e-mail address of the seller (manufacturer, performer) if such an address was previously indicated by the seller (manufacturer, performer).

From this moment, the seller is given 10 calendar days to respond.

Further, if the seller refused to satisfy the requirements or did not provide an answer within the specified period, then the consumer has the right to contact the Department of Trade and Consumer Protection of the relevant region.

After that, the consumer, either independently or through his representative, has the right to file a claim with the court.

Through the court, he also has the right to demand a charge for non-pecuniary damage and a penalty fee from the good value for each day of the delay from the date the claim presented until the day the claim is satisfied.

If the product is of good quality. Returns and exchanges for non-food items that have not been used are possible within 14 days from the date of purchase if there is a receipt or proof of purchase.

Items found to be defective can be returned within a longer period. Cases the buyer can return a defective product are as follows:

1. If the product has a warranty period, the buyer has the right to contact the seller before it expires.
2. If the warranty period is not set, the consumer can contact the seller within two years after purchase.
3. If the warranty period is less than two years and the buyer found the goods defects upon or after the warranty period expiration, but within a two years period, the seller may also be liable. But in this case, the buyer will have to prove that the goods were of poor quality before the purchase.

In accordance with paragraph 1-1. Art. 30 of the Law of the Republic of Kazakhstan "On Consumer Rights Protection", the consumer can exchange or return goods non- compliant with the requirements of the law, regardless of its use, appearance preservation, consumer properties, seals, labels within 30 calendar days from the date of goods purchase. And the seller is obliged, at your request either exchange the goods or return the amount you paid.

• drugs, medical items;
• underwear;
• hosiery;
• animals and plants;
• metered goods, namely, fabrics from fibers of all kinds, knitted and curtain fabrics, artificial fur, carpet products, non-woven materials, ribbons, lace, ribbons, wires, cords, cables, linoleum, baguette, films, oilcloths.
• cellular communications service device.

To return the goods to the seller (whether it is of high quality or defective), it is necessary to prove the fact of its purchase from this particular seller.

- sales or fiscal check;

- an agreement concluded upon goods purchase.

Ask the seller for a receipt when you pay for the item.

If the goods were paid for by card, then for a refund, transfer its number to the seller. Funds will be returned only to the card with which the payment was made.

When you receive the goods with delivery or by mail, it is advisable to inspect on the spot and fix the presence of defects.

The warranty period in this case will be calculated from the moment of delivery (transfer) of the products to the buyer.

If the one is unable to figure out a transfer date? These periods are determined from the date of manufacture of the goods. An important nuance: if the manufacturer indicated only the month and year of the production, then the last day of the specified month is considered the day of the production.

Consumers regarding the consumer rights protection can contact the Consumer Rights Protection Committee of MTI of the RK.

You can report a violation of consumer rights to the authorized state body through:

• Telegram bot ( kzpp_bot )
• e-government portal (https://www.gov.kz/services/3130?lang=en)
• eotinish.kz

You can be consulted by calling the Committee at the phone numbers:

+7 (7172) 75-06-49, 74-98-32, 74-98-36.

The working hours: Mon, Tue, Wed, Thu, Fri

from 09-00/18-30 with a lunch break from 13-00 to 14-30

Also, the population has the opportunity to file an appeal with public associations, pre-trial settlement subjects, business entities through the Unified Consumer Rights Protection Information System (UCRPIS) - e-tutynushy.kz.

The UCRPIS is a platform designed for prompt consideration of consumer protection appeals and legislative terms clarifications.

The buyer has the right to return non-food products if the color, size, equipment or style did not suit him. To return the goods to the seller (whether it is high-quality or low- quality), it is necessary to prove the fact of its purchase from this particular seller. For this it is necessary that:

• The purchased products retained their original presentation, and all seals and labels are in place;
• you did not have time to use it;
• documents that prove the fact of purchase (commodity or fiscal receipt, and agreement concluded at goods purchase).

If the buyer does not have any of the listed documents, he can also contact the seller with a return request. However, you still need to provide proof of purchase. According to the law, the buyer can present:

• photo or video materials;
• witness's testimonies;
• other documents and means confirming the purchase.

To return a good quality product, the buyer must contact the place of purchase within 14 days of the purchase (the exchange period may be longer if it is declared by the manufacturer or seller).

The seller must replace the goods with a suitable one for the consumer (for example, with a different configuration or dimensions). If the price is different, the seller recalculates. However, if a suitable product is not available, the buyer may demand a refund of the amount paid.