What to do if the seller or service refuses to refund the money?

Введение

Every citizen of Kazakhstan has the right to return a defective product, exchange it, or receive a refund if the product or service does not meet the stated specifications.

However, in practice, there are cases where the seller or service provider refuses to accept the goods back or refund the money.

In such situations, it is important to know the rights and understand where to turn to get legal protection.

Regulatory framework

The consumer's right to return and exchange goods is enshrined in the following documents:

  1. Law of the Republic of Kazakhstan "On Consumer Rights Protection"
  2. Civil Code of the Republic of Kazakhstan (purchase and sale agreement, time limits for filing claims)
  3. Law of the Republic of Kazakhstan "On Trade Activity Regulation"
  4. On administrative offenses ( seller's responsibility for violation of consumer rights)
  5. Retail Trade Rules

Contact the Consumer Protection Committee (under the Ministry of Trade and Integration)

If the violation is serious (for example, a systematic refusal by the seller):

  • You can contact the territorial department;
  • the complaint is considered by the commission;
  • The seller may be held liable under the Code of Administrative Offences of the Republic of Kazakhstan.

If a seller or service provider refuses to refund the money, the citizen has every right to demand protection of his interests.

In what cases should the money be refunded?

A citizen has the right to a refund if:

  • the product does not meet quality standards;
  • a defect has been discovered in the product that cannot be repaired;
  • the service provided was not performed properly;
  • the seller provided false information (about composition, characteristics, expiration dates, etc.);
  • the product has not been used and its marketable appearance has been preserved (for products of proper quality subject to exchange or return);
  • the exchange/return period has not expired.

Step-by-step procedure if the seller refuses to refund the money

Prepare the evidence

If you do not have a receipt, you must provide any proof of purchase (transactions, bank card statements, electronic receipts, warranty cards with store stamps, photos or videos, and witness statements).

Contact the seller in writing

Write a short complaint:

  • what did you buy;
  • when and where;
  • what's the problem;
  • What do you want: exchange, repair or refund.

The seller is obliged to consider the claim within 10 calendar days

Which items are NOT returnable?

According to the Resolution of the Government of the Republic of Kazakhstan, a list of goods that are not subject to return and exchange has been approved, for example:

  • drugs and medical devices;
  • underwear;
  • hosiery;
  • animals and plants;
  • meter goods, namely fabrics made from fibers of all types, knitted and curtain fabrics, artificial fur, carpets, non-woven materials, ribbons, lace, braid, wires, cords, cables, linoleum, baguettes, film, oilcloth;
  • Mobile subscriber devices.

If the product is from this list, the seller has the right to refuse.