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Amendments To The Consumer Protection Act

Original Language Title: Grozījumi Patērētāju tiesību aizsardzības likumā

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The Saeima has adopted and the President promulgated the following laws: the amendments to the consumer protection law in consumer protection law (the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1999, no. 9) follows: 1. Article 1: expressions of point 2 as follows: "2) service: any natural or legal person in business or professional activities, whether or not for consideration fulfilled the order or the consumer with the consumer contract bottling under which it is leased to one thing, made a new thing, improved or modified an existing thing, or its features, or work, or physical work not the result; "
supplement paragraph 5, after the words "person or entity" with the words "(the importer).
2. in article 3: express points 3 and 4 by the following: "3) not able to get the most comprehensive and complete information on the product or service, or the price of goods or services;
4) consumer sold unsafe or inappropriate provisions of the contract product or provide unsafe or inappropriate provisions of the contract service; ";
to supplement the article with paragraph 8 by the following: ' 8) transactions not issued identity document. "
3. in article 6: replace the third subparagraph of paragraph 2, the words "health damage" with the words "health damage";
adding to the third subparagraph of paragraph 3, after the word "partially" by the words "including the manufacturer, seller or service provider with the deletion of the consumer claim counterclaim";
Supplement third with 8, 9, 10, 11 and 12 of the following paragraph: "8) permits the manufacturer, seller or service provider unilaterally to withdraw from the contract, except when it is also provided to the consumer, or allow the manufacturer, seller or service provider to terminate an open-ended contract without notice;
9) provide automatically extend the fixed term contract, if the consumer does not inform about the non-renewal of the contract, and establishes consumer unreasonably short time to provide this information;
10) allows the manufacturer, seller or service provider to keep the amount paid by the consumer, if the consumer steps back from the Treaty, but does not provide the consumer with the same possibility, namely to get the equivalent amount if a manufacturer, seller or service provider will resign from the agreement.
11) allows the manufacturer, seller or service provider to transfer their rights and obligations, thereby reducing the amount of the proposed guarantee without the consumer's consent;
12) allows the manufacturer, seller or service provider unilaterally to amend the contract terms or nature of the goods or services. "
4. Express article 10 quarter as follows: "(4) the information to be included in the distance contract, some of the conditions of performance of the contract, as well as article 12 of this law for the application of the right of withdrawal, the period within which, and the procedure of the implementation shall be governed by the provisions of the Cabinet of Ministers."
5. in article 12: replace the first paragraph, the words "penalty or loss of remuneration interest" with the words "penalty, interest, or the loss of reward";
to make a fifth by the following: "(5) the consumer is obliged within seven days after the dispatch of the written refusal to give back the product to the manufacturer, seller or service provider (if the item, or the case is received). The manufacturer, seller or service provider is obliged within seven days after receipt of the supporting documents for the cost to repay the amount of money the consumer with all the interest, on which the product or service paid up to the time of termination. If the consumer exercises his right of withdrawal, based with the goods or services does not comply with the terms of the contract and the goods or things shall be returned at their own expense, the manufacturer, seller or service provider within seven days after receipt of the supporting documents for the costs to be compensated well for the consumer with goods or things-related costs. "
6. To express the title of chapter III, the following: "chapter III. The goods or services in compliance with the provisions of the Treaty ".
7. Article 13 be expressed as follows: "article 13. The manufacturer, vendor and service provider's obligation to provide goods or services comply with the terms of the contract (1) the manufacturer, vendor and service provider is obliged to make the product or service to comply with the terms of the contract. Goods and services must comply with the manufacturer, seller or service provider notifications issued (notably advertising and information contained on the label) on this item or service.
(2) a manufacturer, seller or service provider is liable for any lack of conformity with treaty provisions that exist in the sales of goods or the provision of the service at the moment.
(3) If the goods or services of non-compliance with the provisions of the Treaty is found within six months after the sale of goods or the provision of the service, it shall be deemed to exist in the sales or service, except when the manufacturer, seller or service provider legislation duly organised inspection proves the contrary. "
8. in article 14: put the name of the article as follows: "article 14. The goods or services of non-compliance with the provisions of the Treaty ";
make the first part of the introductory paragraph and paragraph 1 by the following: "item does not comply with the provisions of the Treaty, if: 1) it does not conform to the laws or normatīvtehnisk the requirements set out in the documents, as well as the usual sliding requirements — it does not have the features and performance, which is usually the same type of goods and the consumer can reasonably expect, given the nature of the goods;"
make the second paragraph, the introductory paragraph as follows: "the service did not comply with the provisions of the Treaty, if:";
turn off the second part of paragraph 1, the words "the provisions of the Treaty have not been fulfilled," and the word "essential";
to supplement the article with the third part as follows: "(3) a product or service does not constitute inappropriate provisions of the Treaty before the conclusion of the contract, if the consumer has received a written warning for improper product or service quality or no decent reason has delivered materials except when the service provider as a professional should know and warn consumers in writing."
9. Turn off the article 15.
10. Express article 16 as follows: "article 16. Warranty (1) the warranty is a manufacturer, seller or service provider's declaration that a product or service, or the components for a period of time will keep the use, safety and performances and a manufacturer, seller or service provider will assume additional obligations not provided for in this Act and other legislation.
(2) the guarantee shall be in writing, it is freely available before purchasing goods or services, and it clearly stated the conditions for applying for a claim for warranty, warranty period, the period to which the extended warranty as well as the name of the guarantor (the firm) or full name and address. Warranty indicates that consumers have certain rights in accordance with the laws and regulations and that the guarantee of these rights are not affected. If the warranty does not meet these conditions, this shall not affect the validity of the guarantee and the consumer is entitled to require a guarantee to be executed.
(3) any manufacturer, vendor or service provider guarantee is binding on the employer under the terms of the guarantee document and the goods or services covered by the ad. If the manufacturer is not in Latvia registered company (company), the seller or the manufacturer's authorized representative is responsible for the manufacturer's warranty coverage.
(4) the seller shall not be entitled to reduce the amount of the guarantee given by the manufacturer and shorten its duration.
(5) the Words "guarantee" or other similar meanings of the Word use is prohibited, if it does not meet the first and second part. "
11. Article 18: replace the first paragraph, the words "country of manufacture" (fold) with the words "location" of the manufacturer (the fold);
make the second paragraph as follows: "(2) the seller is prohibited to offer or sell counterfeit goods or goods that the producer cannot be identified. The provisions on producer identification shall not apply to the sale of second-hand goods. ";
replace the third paragraph, the words "should be" with the words "sign shall contain the information".
12. Supplement article 21 with the second part as follows: "(2) household products manufacturer or importer on the label wanted to include information on noise emission in the environment by the Cabinet of Ministers shall determine the procedure for labelling, as well as the noise emission test methods and inspection procedures.".
13. To complement the chapter IV of article 21.1 as follows: "article 21.1. Sale and prices (1) the word "sellout" or other similar meanings of words, offering the goods, allowed only if all the following conditions are met: 1) it refers to all the goods on sale or a sale of a specified part;
2) indicated a sale occurs and a limited period;
3) prices are lower than the goods or services concerned, the normal price.

(2) the words "discount," "reduced price" or other words of similar meaning, offering goods or services, is allowed only if all the following conditions are met: 1) this refers to the sale of goods or the provision of the service with which the seller or service provider involved;
2) such trade occurs for a limited period;
3) prices are lower than the goods or services concerned, the normal price.
(3) following the price reductions, discounts or promotional notification of the public must be clearly indicated on the goods and services for the initial price and the price after the demotion.
(4) For sale to the public must be notified at least five days before they start by posting a notice at the point of sale.
(5) the goods or services for which the price is fixed discounts may not be changed for at least a month before the price reduction, discount or sale of public notification.
(6) it is prohibited to promulgate and to make the same goods or services for sale, if not three months have elapsed since the last sale, except where the seller or the service provider is removed or you change the type of activity. "
14. Supplement article 23 with (4) and (5) as follows: "4) purchase goods and services in order to make movement of goods, services and made the peer review;
5) submit the consumer rights protection centre proposal to make article 25 of this law the eighth. "
15. Article 25: replace paragraph 5 of part IV, the words "quality check" with the words "or other types of laboratory expertise";
make quarter point 7 by the following: ' 7) to provide legal assistance to consumers in consumer issues; "
exclude paragraph 9 of part IV;
Add to article at the eighth, ninth, tenth, eleventh and twelfth, as follows: "(8) If found in violation of consumer rights, consumer interests, individual or group (the collective interests of consumers), and this can cause damage or injury to an individual consumer's rights, consumer rights protection Centre has the right to: 1) decide that instructs the manufacturer, seller or service provider to terminate the violation and take certain actions it impacts prevention and shall fix a time limit for such actions;
2) decision in whole or in part to publish the newspaper "journal" (with the publication of the expenses shall be borne by the manufacturer, seller or service provider).
(9) this article is the eighth part of the decision referred to in paragraph 1 is in force at the moment when it becomes known to the addressee. Appeals against decisions shall not suspend the execution.
(10) Before the eighth subparagraph of this article, paragraph 1 this decision within the time-limit set by the manufacturer, seller or service provider shall inform the consumer protection Centre about a specific action. If a manufacturer, seller or service provider to the end of the period certain transactions are completed or not informed the consumer centres, consumer rights protection centre of the infringement of the administrative penalties provided for by law.
(11) the consumer protection centre, recover the expenditure on consumer purchased goods or services or used other types of laboratory expertise, is exempt from the payment of legal costs.
(12) the consumer rights protection centre is entitled to create Advisory Board that includes government agencies, consumer protection social organizations, manufacturers, vendors, and service provider organisations, as well as to issue recommendations on consumer protection issues. "
16. in article 26: replace the first paragraph, the words "and other supervisory and control authorities competent for consumer protection in the field" with the words "and other authorities competent for market surveillance in the area in question";
replace the second paragraph, the words "monitoring and control authority of consumer protection in the field" with the words "consumer protection Center and other authorities competent in the field of market surveillance.
17. Article 27 of the expression as follows: "article 27. The consumer's claim about inadequate provisions of the contract goods or services (1) the consumer is entitled to lodge claims to the manufacturer, seller or service provider of goods or services does not comply with the terms of the contract, within two years from acquisition of goods or receipt of services.
(2) where a manufacturer or seller of the goods or service provider service has given a guarantee, after the first part of the period referred to in the end consumer is entitled to lodge a claim throughout the remainder of the warranty period in accordance with the warranty conditions specified in the document.
(3) the order in which the claims of consumer piesakām the terms of the contract without the appropriate goods or services as well as goods or services organize expertise, are determined by the Cabinet of Ministers. "
18. Make article 28 the following: ' article 28. Rights of the consumer, if he sold or transferred in the provisions of the Treaty, the use of inappropriate item (1) a consumer who sold or transferred in the provisions of the Treaty, the use of inappropriate items, is entitled to require the manufacturer or the seller shall take one of the following: 1) the reduction in the price of the goods;
2) free of charge, eliminates the goods do not comply with the terms of the contract, or to pay the expenses to the consumer for non-compliance;
3) item to exchange for the same or equivalent item that would ensure compliance with the provisions of the Treaty;
4) repealed the contract and reimburse the consumer for the product the paid amount of money.
(2) the product exchangeable or its non-compliance with the provisions of the contract prevented within a reasonable period of time, without causing inconvenience to the consumer, taking into account the nature of the goods and the expected usage.
(3) if the goods are not in conformity with the provisions of the Treaty is found later than six months after the sales, the consumer is entitled to: 1) first require the manufacturer or the seller free of charge prevents the goods do not comply with the terms of the contract, or to pay the expenses to the consumer for non-compliance, or Exchange the item for the same or equivalent item that would ensure compliance with the provisions of the Treaty (except where this is not possible);
2) in the case where a producer or a seller may not exchange the product or a reasonable period of time to prevent the goods do not comply with the terms of the contract, without causing inconvenience to the consumer, — require the manufacturer or the seller reduces the price of the goods or cancel the contract and reimburse the consumer for a product receipted money amount in proportion to the laws established in the organized inspection found the goods depreciation.
(4) If goods are not in conformity with the provisions of the Treaty is irrelevant and does not significantly affect the consumer can use the product, the consumer may require the manufacturer or the seller cancels the contract and the refund of the amount paid for the item. Product non-conformity with the provisions of the Treaty, considered to be minor, if the law established an organized inspection found that the goods do not match is for basic goods undercut the quality of execution or use, and this can be prevented without visually detectable change to the external appearance of the goods.
(5) if the goods are faulty or poor quality installation has become the reason for non-conformity of goods to the terms of the contract, but the item by the seller or a third party in accordance with the agreement concluded with the seller, as well as by consumer goods in accordance with the wrong (not exact) or national language does not translate user guide, then the product is deemed not appropriate for the provisions of the Treaty and the consumer is entitled to require from the seller to the requirements provided for in this article.
(6) the first paragraph of this article shall not exclude the use of the consumer's right to claim damages or penalty payment of remuneration.
(7) the provisions of the Treaty under bulky goods and about 10 kilograms heavier goods inspection, nocenošan, failures, Exchange or cancellation of the contract, the manufacturer or seller to return at its own expense. If the producer or the seller refuses to deliver the goods, the consumer is entitled to deliver the goods himself or through third parties, but on the manufacturer's or seller's invoice.
(8) if the product delivered to the consumer, the manufacturer or seller within three days after receipt of the documents supporting the expenses shall be reimbursed the expenses incurred in connection with the consumer goods conveyance. "
19. Article 29: replace the words "in the name of the article is not decent" with the words "the provisions of the Treaty do not match ';
make the first part as follows: "(1) the consumer, for which the terms of the contract provided inadequate service, is entitled to require the service provider to perform one of the following: 1) reduces the price of the service;
2) free of charge prevents the service provided does not comply with the terms of the contract;
3 other things) are made from the same or the same quality of materials or provide services consistent with the provisions of the Treaty;
4) repealed the contract and reimburse the consumer for services in the amount of money paid. ";

to supplement the article with a new third subparagraph by the following: "(3) if non-compliance with the provisions of the Treaty is found later than six months after the provision of the service, the consumer is entitled to: 1) first request that the service provider will not prevent the service does not comply with the terms of the contract, or to pay the expenses to the consumer for non-compliance, or making other things of the same or the same quality of materials or provide services consistent with the provisions of the Treaty (except in the case of When this is not possible);
2) in the case where the service provider is unable to make new things, to provide other services or within a reasonable period of time to prevent a service does not comply with the terms of the contract, without causing inconvenience to the consumer, — require the service provider to reduce the price or cancel the service contract and the service to the consumer refund the paid amount of money proportional to the laws established in the organized inspection detected things depreciation. ";
consider the third part of the fourth, and express it as follows: "(4) where the non-compliance with the provisions of the Treaty is irrelevant and does not have a significant effect on the consumer's ability to use the service, or use of, the consumer cannot require the service provider to cancel the contract and released on the service or the amount of money made in the other case. Services of non-compliance with the provisions of the Treaty, considered to be minor, if the law established an organized inspection found that the discrepancy did not lower its service or the quality or performance of basic use, and it can be prevented by creating visually detectable changes in the appearance of things. "
believe the current quarter on fifth and express it as follows: "(5) If the provider refuses to fix a service does not comply with the terms of the contract, the consumer shall be entitled to fix it yourself or with the help of a third party, but to the service provider's invoice. ';
consider the fifth of sixth.
20. Article 31: to supplement the first part with a new second sentence as follows: "the vendor, service provider, or credit is the responsibility of the employer seven days to refund the consumer the amount of money with interest, which is about the product or service paid up to the time of cancellation of the contract.";
to complement the second part by the numbers and the words "article 28, first paragraph, point 4," with numbers and the words "or third-part 2" and the words "by the numbers, and article 29, first paragraph, point 4, ' — with numbers and the words" or third-part 2 ".
21. Add to article 33 of the fourth subparagraph by the following: "(4) If the goods or services of non-compliance with the provisions of the Treaty, there was a manufacturer, retailer, Distributor, or other personal act or omission, the seller or the service provider is entitled to take recourse against the persons concerned."
22. Turn off article 34.
23. the transitional provisions supplementing with 8, 9 and 10 of the following paragraph: "8. the amended article 27 of this law in the first paragraph, the third subparagraph of article 28, article 29 and the third paragraph of article 31, second paragraph shall enter into force on 1 January 2003. Until 1 January 2003 the consumer has the right to lodge claims to the manufacturer, seller or service provider of goods or services does not comply with the terms of the contract within one year of purchase or receipt of the services.
9. The Cabinet of Ministers until June 1, 2002, does article 10 of this law in the fourth paragraph, and article 27, third paragraph of those provisions.
10. the transitional provisions referred to in paragraph 9 of the Cabinet of Ministers to issue regulations, but not longer than until 1 June 2002 has the following Cabinet of Ministers regulations, in so far as they are not inconsistent with this law: 1) 24 august 1999 rules no 299 "order in which piesakām claims on consumers without decent quality goods or services and goods or to be made for the case";
2) 7 September 1999 No. 316 of the regulations ' provisions on distance contracts ";
3) 23 January 2001, Regulation No 29 of "household washing machine, washing machine and dryer combo washing and drying machine labelling provisions";
4) 23 January 2001, Regulation No 30 of the "household refrigerator and freezer labelling provisions";
5) 23 January 2001, Regulation No 31 of "household oven labelling provisions";
6) 23 January 2001, Regulation No 32 of "household dishwashers labelling provisions";
7) of 23 January 2001, Regulation No 33 of "household lamps" labelling provisions. "
The law adopted by Parliament in 2001 on November 22.
The President of the Parliament instead of the President j. stream Riga 2001 12 December Editorial Note: the law shall enter into force on 26 December 2001.