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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 Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 1999, no. 9; 2002, 1. No; 2003; 2004, nr. 11, no. 11; 2005, nr. 24; 2007, nr. 9, 12, 15; 2008. no; 2009, no. 13; Latvian journal, 2009, no. 194; 2010, 183, 206. no; 96. in 2011, no.) the amendments are as follows: 1. Article 1: turn off in paragraph 2, the words "made a new thing"; Express 4, 5 and 6 of this paragraph: "4) provider: the natural or legal person having their economic or professional activities within the service consumer, also using another person, acting on behalf of the service provider or task; 5) seller: a person or entity (including an importer) that his economic or professional activities or offers to sell the consumer, also using another person, acting in the name of or on behalf of the seller; 6) item: any thing, offered or sold to the consumer, except in the case that sells the Court ruling or a judge in the execution of the decision or under the jurisdiction of the State accounting, evaluation, marketing, transfer free of charge, the destruction and the realization of the revenue of the State budget, transfer or pledge in accordance with regulatory legislation. Water, gas and electricity can be regarded as a product, if it is offered or sold in a limited volume or set quantity. Digital content with physical media (CD, DVD, or similar material to the media) is considered a commodity; " to supplement the article with paragraph 8 by the following: ' 8) digital content — data created and delivered in digital format. " 2. Express article 2 by the following: ' article 2. The purpose of the Act the Act's objective is to provide consumers with the opportunity to exercise and protect their legitimate rights, as well as to protect the collective interests of consumers. " 3. To supplement the law with article 2.1, the following: "2.1 article. The scope of application of the law (1) this law shall apply where the consumer protection regulator special rules otherwise. (2) the provisions of this law shall not affect the contractual relationship, in particular the validity of the contract, and the consequences if this law provides otherwise. (3) the seller or the service provider is entitled to offer the contract terms that provides superior protection for the consumer, provided for in this Act. " 4. Turn off the first paragraph of article 4, 4.1, in the first paragraph of article 9, in the fourth paragraph of article 30, first, second, third and fourth subparagraph, article 31 of the second, third, fourth, fifth and seventh and article 35, the word "producer" (fold). 5. in article 4: to make the third paragraph as follows: "(3) the consumer is not obliged to accept a product or service and to pay the price or other payment for goods or services, if the goods are delivered or services provided to the consumer without making an order. If the consumer does not respond to such an order, it does not mean that he agrees to the order. "; to supplement the article with the fourth, fifth and sixth the following: "(4) before the conclusion of the contract the seller or service provider will require consumer consent to blunt any payment in addition to paying for the main obligations of the contract. If the seller or service provider has not received the consumer's explicit consent to such payment or not from a previously activated the consumer choices that consumers must be rejected, without having to make additional payments, the consumer is entitled to receive such additional payment repayment. (5) If, during the performance of the service you need to perform additional work, which has not been agreed with the consumer, the provider requires a clearly expressed consent of the consumer for additional work. If the service provider has not received the consumer's explicit consent to such further work, the consumer has no obligation to pay for the extra work. (6) the seller or the service provider is obliged to transfer the goods to the consumer, providing him the opportunity to view or verify the item. If the consumer does not provide this capability, the seller or the service provider is obliged to prove that at the time of the transfer was not the item. " 6. Supplement article 4.1 with third, fourth, fifth, sixth and seventh paragraph as follows: "(3) this Act article 4, fourth paragraph, 9, 10, 12, and article 17, the first paragraph shall not apply to: 1) complex tourist services; holiday home 2) long-term use rights contracts, vacation services of long-term contracts, holiday home or long-term usage rights for long-term holiday service resale contracts and holiday home use rights exchange contracts; 3) passenger transport services (with the exception of this law, article 4 of the fourth and the third paragraph of article 31.2); 4) contracts for the food, beverages or other goods for immediate consumption of household goods, for which the seller often and regularly delivered to the consumer's place of residence, place of residence or workplace; 5) contracts concluded through a vending machine or automated commercial site; 6) contracts concluded with operators of electronic communications using public pay telephones, public telephones or to use one of the connection made by the consumer by phone, internet or fax; 7) financial services; 8) contracts for the acquisition of immovable property or the transfer of the right; 9) contracts for the construction of new buildings or existing buildings significant conversion and residential space rental agreement; 10) contracts concluded with notaries, bailiffs or other public officials treated persons. (4) this Act applies to article 14.1 the services that result in enhanced or transformed into a movable corporeal thing or its features. (5) this law, 13, 14, 16, 17, 19, 20, 21, 27, 28, 30 and 33 within the article for the product to be considered a real physical thing, as well as a result of the supply of a service made by a corporeal movable thing. (6) agreements on water, gas or electricity, except for water, gas or electricity, offered or sold in a limited volume or set quantity, as well as contracts for the central heating of this Act apply to rules on services, in so far as public service or consumer protection laws regulating otherwise. (7) the provisions of this law governing the provision of digital content are applied that are not delivered tangible media, if consumer protection regulators special rules provide otherwise. " 7. To turn off the second paragraph of article 5, paragraph 4. 8. Article 6: Add to the first paragraph, after the words "service provider" with the words "prepare for the above contract projects"; Add to article 1.1 part as follows: "(11) the provisions of the Treaty, which provides that the consumer waives their statutory rights, to be considered as unfair and is not valid."; Add to article 2.2 part as follows: "(22) the provisions of this article shall not apply to the provisions of the Treaty, which define the subject of the contract and the price or remuneration for a good or service if they are formulated in simple and understandable language."; replace the third subparagraph of paragraph 3, the words "restrict or exclude the possibility of" with the words "unreasonably restrict or exclude"; make the third subparagraph of paragraph 7 and 8 as follows: "7) switch off the consumer to or hinder him to turn to consumer protection or judicial action or use of law enforcement resources, especially those which require settlement of disputes the arbitration only, not unreasonably restrict the use of the evidence available to the consumer or the burden of proof on the consumer, in accordance with the legislation of another Contracting Party is bound; 8) permits the manufacturer, seller or service provider unilaterally to withdraw from the contract, except when such option is also provided to the consumer; '; Supplement third with 8.1 paragraph by the following: ' 81) allows the manufacturer, seller or service provider to terminate an open-ended contract without reasonable notice except where there is a good reason to; " make the third subparagraph of paragraph 9 by the following: "9) provide automatically extend the fixed term contract, if the consumer does not inform about the non-renewal of the contract, and determines the consumer's obligation to provide this information to the unjustified early before the expiry of the contract;" make the third paragraph of point 11 and 12 as follows: ' 11) allows the manufacturer, seller or service provider to transfer to another person of their rights and duties, if thus without consumer consent can be reduced to give him the amount of the guarantee; 12) allows the manufacturer, seller or service provider unilaterally to amend the provisions of the Treaty, except where it is provided for in the Treaty for good reason; " Supplement third with 13, 14, 15, 16, 17 and 18 the following: ' 13) allows the manufacturer, seller or service provider unilaterally without a valid reason to change the characteristics of the goods or services; 14) allows a salesperson or service provider to keep the consumer paid a sum of money for services not yet if the agreement backs the seller or service provider; 15) makes consumer binding agreement in which the sale of products or the provision of the service is subject to a condition whose realization depends only from the manufacturer, seller or service provider will; 16) makes binding the consumer to terms of the contract, with which the consumer has had no real opportunity of becoming acquainted before the conclusion of the contract; 17) provides for the manufacturer, seller or service provider has the right to unilaterally determine whether the goods or services supplied comply with the provisions of the Treaty, or the manufacturer, seller or service provider is the exclusive right to interpret any of the provisions of the agreement; 18) an obligation on the consumer to fulfil all contractual obligations, but the manufacturer, seller or service provider does not comply with his contractual obligations. "; Add to article 3.1, 3.2, 3.3 and the 3.4 part as follows: "(31) the third paragraph of this article 5 requirements do not apply to the provisions that provide for legitimate price indexing, if the Treaty expressly provided for price change detection method. (32) the third paragraph of this article 8.1 condition does not apply to financial services agreement provisions in accordance with which the service provider is entitled without notice to terminate an open-ended contract, if there is a good reason, and if the service provider comply with the termination of the obligation immediately to inform the consumer. (33) the third paragraph of this article 12 conditions of paragraph does not apply to: 1) of the financial services agreement provisions in accordance with which the service provider is entitled without notice to change the interest rate to be paid by the consumer or the consumer, are payable or other charges for financial services if there are reasonable grounds for and the service provider comply with the obligation to inform consumers about it as soon as possible, as well as the consumer's entitlement to terminate the contract immediately; 2) conditions under which the seller or the service provider is entitled to amend unilaterally an open-ended contract terms, if the service provider comply with the obligation to adequately inform the consumer and the consumer is entitled to withdraw from the contract. (34) the third paragraph of this article 5, paragraph 12 of 8.1 and conditions do not apply to transactions in transferable securities, financial instruments and other products or services where the price is linked to the stock market price or stock exchange price index or a financial market rate fluctuations, which the seller or service provider does not affect, as well as to contracts for foreign currency, traveller's cheques or international money transfer in foreign currency in the purchase or sale. "; to make a fifth by the following: "(5) the provisions of the Treaty are always considered do not discuss if it is drawn up in advance and hence it has not been possible for the consumer to influence the content of the provisions in question; This applies particularly to the previously prepared model contracts. " 9. Article 8: turn off 1.3 paragraph, the words "capital and"; to supplement the article with 1.4 part as follows: "(14) on consumer lending services are to be considered as such, which are taken from the consumer's Consumer Affairs for sale or storage and pay for things is made at the time of transfer, if the contract provides for the consumer's right to withdraw from the Treaty, for it provides a fee."; replace the words "in part 4.1 assess" with the word "evaluate"; Express 4.3 part introductory as follows: "(43) this article 4.1, 4.2 and 4.4 share obligations shall not apply to consumer credit contracts:"; turn off 4.3 parts 1. point; Express 4.3 parts of paragraph 10 by the following: ' 10) concluded by the manufacturer, seller or service provider for the purchase of goods or services, loan payments are postponed or other similar financial arrangement, and under which the loan is granted without payment of interest and other additional payments; " Add to article 4.4, 4.5 and 4.6 of the part as follows: "(44) by following this article 4.1 and 4.2, the obligations set out in part a credit provider is obliged to request, obtain and assess information on the consumer's income and expenditure in accordance with the execution of the obligation. The consumer is obliged at the request of the grantor to provide information about your income and expenses. Grantor is entitled to grant credit only after it had examined the ability of consumers to repay the credit and made sure of it. (45) if the grantor of credit granted to the consumer, without considering the consumer's ability to repay the loan, the credit grantor is not entitled to require that the consumer lending granted on contract money paid by the dedication of the use of more than legal interest, and apply the consumer relationship gain or compensation. Referred to in this part only applies to such liabilities or gain compensation related to payment delays, if the delay is due to the moment of granting of the credit not corresponding to the requirements of this article assesses the consumer's ability to repay the loan. This part does not release the customer from the obligation to repay the total amount of remaining credit under the credit agreement. (46) the requirement for lending contract reduction of interest payments in accordance with article 4.5 of the Court are commenced within six months from the day of conclusion of the contract of crediting of the civil procedure law. Claims for the recovery of money, in which the application was lodged by credit, the consumer has the right to ask the Court to reduce the lending agreement, the interest payment in accordance with article 4.5. In the event of a dispute, it is considered that the employer has not fulfilled the credit to this article 4.1, 4.2 and 4.4 of the duties laid down in part to assess the consumer's ability to repay the loan, unless the grantor does not prove the contrary. "; Add to article 10.1 part as follows: "(101) consumer credit contracts, under which certain goods are financed purchases for an amount in excess of 1400 euro credit to be issued not more than 90 percent of the goods in question. '; to supplement the article with the twelfth, thirteenth and fourteenth part as follows: "(12) if the credit agreement is concluded that wind up consumer credit's storage as security transferable in any case and under which the consumer's responsibility is limited to the mortgaged thing, the credit provider obtains the right to non-redeemed the mortgage marketing consumer credit deletion the seventh day after the lending in the credit repayment deadline. (13) If the twelfth part of this article that the pledge is not redeemed until lending contractual repayment date, the consumer is entitled to redeem it until the credit company that distributes consumer debt case for deletion. About mortgage redemption after lending the contractual maturity of the redemption charge for credit or administrative expenditure (if any have been concluded between the parties for lending agreement) shall not exceed the fees or expenses that were applied to the lending contract period. (14) After the thirteenth part of this article that the pledged thing sales terminated credit's right of action against the consumer, even if the sales proceeds received are not sufficient consumer credit. " 10. Add to article 8.1 of part 1.1 in the following wording: "(11) the first paragraph shall not apply in cases where, in accordance with the Court's ruling against which have entered the credit security granted is the focus drive for good third parties." 11. Article 9: to make the title, first and second subparagraph by the following: "article 9. Contract concluded outside the permanent economic or professional activity (1) a contract between a consumer and a seller or service provider is concluded outside the permanent economic or professional activity at a site if it concluded: 1) physical presence of the consumer and the seller or supplier of a location that is not the seller or provider of permanent economic or professional activity; 2) to the consumer's express invitation seller or service provider to a location that is not the seller or provider of permanent economic or professional activity; 3) the vendor or provider's permanent economic or professional activity at a location or using a means of distance communication immediately after the seller or the service provider is personally and individually approached at the consumer's location that is not the seller or provider of permanent economic or professional activity, the physical presence of the consumer and the seller or service provider; 4) the vendor or service provider organized outings to promote the supply of goods or services or the demand and popularity of the sold goods or services to the consumer. (2) before the conclusion of the contract and the contract should be the content of the information, its agenda, the provision of this law as provided for in article 12 of the implementation of the right of withdrawal deadlines and procedures, consumer and a seller or service provider's rights and obligations in the exercise of the right of withdrawal in the case as well as the refusal of the sample form, and exceptions relating to consumer information and the right of withdrawal shall be determined by the Cabinet of Ministers. " turn off the third; to supplement the article with a fifth by the following: "(5) a permanent economic or professional activity at a location is: 1) fixed retail premises on which the seller or service provider perform their activity; 2) movable retail premises, where the seller or the service provider normally do their business. " 12. Express article 10 by the following: ' article 10. Distance contracts (1) the distance contract is a consumer and a seller or service provider agreement they have concluded, without being in the same place, but up to the time of conclusion of the contract and the time of conclusion of the contract with one or more means of distance communication, as well as organize sales or service provision scheme. On the means of distance communication shall be considered the phone, Web, e-mail, fax, television, book, newspaper ads, which added to the order coupon, shipping and other information and transmission distance. (2) before the conclusion of the contract and the contract should be the content of the information, its agenda, the provision of this law as provided for in article 12 of the implementation of the right of withdrawal deadlines and procedures, consumer and a seller or service provider's rights and obligations in the exercise of the right of withdrawal in the case as well as the refusal of the sample form, and exceptions to the right of withdrawal shall be determined by the Cabinet of Ministers. " 13. Add to article 11 of the sixth subparagraph after the word "information" with the words "at the option of the consumer". 14. Article 12 of the expression by the following: ' article 12. The right of withdrawal in respect of distance contracts and agreements concluded outside the economic or professional activities (1) the consumer can use the specified period and the right of withdrawal, without giving any reason, to derogate from the distance contract and the contract concluded outside the permanent economic or professional activity. (2) the right of withdrawal by the consumer before the expiry of the decision to withdraw from the contract shall inform the seller or service provider by submitting the withdrawal form or a statement of the right of withdrawal. The deadline is met if the consumer form or a notice of refusal of the right of withdrawal is sent to the seller or supplier of the right of withdrawal before the deadline. The consumer is obliged to prove the right of withdrawal. (3) the seller or the service provider is entitled to provide the consumer the option of the seller or service provider Web site electronically fill out and submit the form or a notice of refusal of the right of withdrawal. In this case, the seller or the service provider by using a durable medium (including electronic mail), immediately notify the consumer of the refusal. (4) Refusal form or notice of exercise of the right of transmission in the term terminate the contract and have the effect of releasing the consumer from any contractual obligations arising from the contract or the distance contract entered into outside business or professional activities, or from the obligation to conclude such contracts, if the offer made by the consumer. (5) the consumer shall send the item back to the seller or the service provider or the seller or the service provider or his authorized person shall, without undue delay, but not later than 14 days after you sent the seller or service provider refusal form or a statement of the right of withdrawal. The deadline is met if the item sent back before the end of the period of 14 days. This requirement shall not apply where the seller or the service provider himself offered to take back the goods. (6) the seller or service provider without undue delay, but not later than 14 days from the date on which in accordance with the second paragraph of this article received the information about the consumer's decision to withdraw from the contract, the consumer shall repay the amount of money paid to him, including the consumer's delivery charges paid. The seller or the service provider that the amount of money refunded using the same type of payment instrument, which was used by a consumer, unless the consumer has clearly agreed to another payment feature and the consumer about the use of this means of payment is not paid. (7) If the consumer has clearly expressed a desire to use the delivery, which is not the seller or service provider offered the cheapest standard delivery, the seller or the service provider is not obliged to reimburse the additional costs of delivery to the consumer. (8) the seller or the service provider is entitled to withhold under a purchase agreement in the amount of money paid by the consumer for repayment up to the moment when the seller or service provider has received the goods or consumer submit the seller or the service provider proof that the item is returned, depending on where the action is carried out in the past. This right does not apply where the seller or the service provider himself offered to take back the goods. (9) the consumer shall bear the direct cost of returning the goods, except where the seller or the service provider has agreed to cover the costs or not informed the consumer that the costs should be borne by the consumer. (10) If, in accordance with the agreement concluded outside the economic or professional activity at the site, the item at the time of conclusion of the contract is delivered to the consumer's place of residence, the right of withdrawal by the consumer in the event of the seller or the service provider takes the goods free of charge if the product can not be returned by mail. (11) the consumer is responsible for the impairment of the goods, if the item is used for purposes other than the nature of the goods, properties and actions. The consumer is not responsible for the impairment of the goods, if the seller or the service provider is not informed of his right of withdrawal the consumer protection regulatory legislation. (12) If the right of withdrawal by the consumer during use and in connection with distance contracts or agreements concluded outside the permanent economic or professional activity is other extra concluded contract, the additional contract to be valid and the consumer has no obligation to pay any other costs other than the sixth, ninth and eleventh in the part. " 15. Express the title of chapter III and article 13 and 14 by the following: "chapter III. Goods and services in compliance with the provisions of article 13 of the Treaty. The seller or the service provider's responsibility to ensure the goods comply with the terms of the contract (1) the seller and the service provider shall be obliged to make the product conform as regards the provisions of the Treaty. (2) the vendor and service provider is liable for any product existing at the date of acquisition do not comply with the terms of the contract. (3) if the goods are not in conformity with the provisions of the Treaty is found within six months of purchase, it is considered that the it existed on the date of purchase, except when such an assumption is inconsistent with the nature of the item or discrepancy.
14. article. Product compliance with the provisions of the Treaty (1) item of the appropriate provisions of the contract, if: 1) it has the features and performance, which is usually the same type of goods and the consumer can reasonably expect, given the nature of the goods and any advertising or product, in particular in the labelling provided public announcement about certain characteristics of the goods; 2) it is a valid purposes for which goods of that name and description is usually used; 3) it is a valid purpose for which the consumer will choose the product which it specified by the seller or the service provider, through a contract, except where the seller or the service provider at the time of sale could not identify such specific objectives and the consumer was not a valid reason to rely on the seller or the service provider's competence and judgement; 4) it corresponds to the seller or the service provider to provide a product description and characteristics of the conclusion of the contract or at the time of the offer, the seller or the service provider pointed out, using the product samples or models. (2) the first subparagraph of paragraph 1 referred to in public proclamations are not binding for the seller or the service provider, if it proves that: 1) not know and could not reasonably know the statement rendered; 2) up to the time of conclusion of the contract the statement had been changed; 3) statement could not affect the consumer's decision to buy an item. (3) the product is not considered inappropriate provisions of the contract, if at the time of conclusion of the contract the consumer knew or could not be unaware of the goods do not comply with the terms of the contract or non-conformity of the delivered materials consumer. " 16. To supplement the law with article 14.1 as follows: "article 14.1. The service's compliance with the provisions of the Treaty (1) the service provider is obliged to provide the service pursuant to the provisions of the Treaty. (2) service shall be deemed to conform to the terms of the contract, if: 1) service provision, and the result corresponds to what had been agreed; 2) service provided with professional care, taking into account the interests of the consumer; 3) service meets the requirements that are based on such services put forward. (3) the service is not considered inappropriate provisions of the contract, if at the time of conclusion of the contract the consumer knew or could not be unaware of the service does not comply with the terms of the contract or non-conformity of the delivered materials consumer. " 17. in article 17: make the first paragraph by the following: "(1) before the consumer becomes a binding contract or the offer, the seller or the service provider is clear and well understood way gives the consumer the following information, if it is not explicitly clear from the context: 1) the characteristics of the goods or services for the provision of information in the appropriate form; 2) details of the seller or the service provider, including the name, address and telephone number; 3) goods or services the final price, including taxes and fees. If a product or service characteristics, price reasonably cannot be calculated in advance, the calculation of the price point; 4) delivery or postal charges, if they apply. If these expenses cannot be calculated in advance, informed that such payments may be applied;
5) payment, delivery or service implementing provisions, goods delivery or service deadline and the complaint handling policy, if they apply; 6) information on the statutory rights of the consumer if a product or service does not comply with the provisions of the Treaty, as well as information about the conditions of the guarantee, and after-sales services, if they apply; 7) concluded for an indeterminate period or automatically extended the term of the contract or the termination of the contract conditions; 8) digital content and its use (functionality), including uses, technical limitations and technical protection measures, if they apply; 9) information about digital compatibility with hardware and software (standard hardware and software environment with which digital content is compatible, for example, the main features of hardware, operating system and its version), if this information to the seller or the service provider is unknown or it reasonably should have known, if it is applicable. "; to supplement the article with the fourth paragraph as follows: "(4) the first part of this article shall not apply to: 1) contracts that are executed immediately; 2) agreements concluded outside the permanent economic or professional activity; 3) distance contracts. " 18. off article 18. 19. off 21.1 article. 20. the express article 26, ninth subparagraph by the following: "(9) consumer protection centre or other authority charged with the supervision and control, the consumer complaint or request for resolution of a dispute with the manufacturer, seller or service provider, subject to the following conditions: 1 all) consumer is first approached by complaint or application with the manufacturer, seller or service provider and tried to resolve the dispute amicably; 2) or application for dispute with the manufacturer, seller or service provider is filed not later than one year from the date of the consumer's complaint or petition filed to the manufacturer, seller or service provider; 3) complaint or application added to written materials and other evidence which substantiates the existence of a dispute and the subject matter of the dispute. " 21. Put the title of Chapter VII, the following: "Chapter VII. Consumer claims ". 22. Article 27: make the first paragraph by the following: "(1) the customer is eligible to sign up for claim to the seller or supplier of the goods or services does not comply with the terms of the contract, within two years from acquisition of goods or receipt of services. The consumer submits an application for the claim to the seller or supplier of two months from the date of the discovered product or service does not comply with the terms of the contract. On the day of purchase shall be considered the day when a vendor or service provider and consumer of the accepted transferred product concerned. '; Add to the second part of the sentence the following wording: "the consumer's claims look applied according to warranty conditions specified in the document." 23. Express the 28, 29 and 30 of article 1 as follows: "article 28. Rights of the consumer, if he sold or transferred use of the provisions of the Treaty do not match the item (1) a consumer who sold or released for use under the provisions of the Treaty, not the commodity, is entitled to require the seller or the service provider shall take one of the following: 1) prevents the goods do not comply with the terms of the contract; 2) exchanged goods with one that would ensure compliance with the provisions of the Treaty; 3) reduces the price of the goods; 4) repealed the contract and reimburse the consumer for the product the paid amount of money. (2) a consumer shall be entitled to require the seller or the service provider must not prevent the goods do not comply with the terms of the contract or the free exchange of goods with one that would ensure compliance with the terms of the contract, except when this is impossible or disproportionate. (3) the prevention of non-compliance of the goods or Exchange be considered disproportionate if it creates a seller or service provider costs, which are not proportionate with the other referred to in the first paragraph the alternative remedy, taking into account: 1) without the cost of non-compliance; 2 the importance of non-compliance); 3) or an alternative use does not cause significant inconvenience to the consumer. (4) the product exchangeable or its non-compliance with the provisions of the contract prevented free (including free shipping, labour, goods, materials and other costs) and a reasonable period of time, without causing inconvenience to the consumer, and taking into account the nature of the goods, as well as the expected its purpose. (5) the consumer is entitled to require the seller or the service provider is the reduction in the price or cancel the contract and reimburse the money paid on the item amount when the seller or the service provider within a reasonable time does not prevent the goods do not comply with the terms of the contract or the item is not changed to the corresponding provisions of the contract or if the said operations were carried out, causing significant inconvenience to the consumer. By reducing the price or cancelling the contract and pay the consumer for the product the paid amount of money may be taken into account in the goods depreciation or benefit received by the consumer using the product, and on which the Contracting Parties have agreed. (6) if the goods are not in conformity with the provisions of the Treaty is irrelevant and does not have a significant effect on the consumer's ability to use the product, the consumer may require the seller or the service provider 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 not significantly lowers the quality of implementation of basic goods or use, and this can be prevented without visually detectable change to the external appearance of the goods. (7) if the goods are not correct or the 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 when the product by the consumer in accordance with the wrong (not exact) or national language not translated instructions, item considered inappropriate provisions of the contract and the consumer is entitled to require from the seller to the requirements provided for in this article. (8) the first paragraph of this article shall not exclude the use of the consumer's right to claim damages or penalty payment of remuneration. (9) the provisions of the Treaty under bulky goods and about 10 kilograms heavier product failures, Exchange or cancellation of the contract to deliver to the seller or the service provider on its own account. If the seller or service provider refuses to deliver the goods, the consumer is entitled to deliver the goods yourself or with the help of a third party, but to the vendor or service provider. (10) if the product delivered to the consumer, the seller or the service provider within three working days after receipt of the documents certifying the expenses to be reimbursed for expenses incurred in connection with the consumer goods delivery.
29. article. Rights of the consumer, if the provisions of the Treaty does not provide the appropriate service (1) the consumer, for which the terms of the contract provided inadequate service, the first is entitled to request that the service provider will not prevent the service provided does not comply with the terms of the contract. If this is not possible, the consumer is entitled to require the service provider to reduce the price of the service or services paid for refunded amount of money. By reducing the price or cancelling the contract and pay the consumer for services paid a sum of money may be taken into account in the benefit received by the consumer, by using the service, and on which the Contracting Parties have agreed. (2) the service provider is obliged to execute the first paragraph of this article claims that are appropriate and proportionate, having regard to the service, and the nature of the lack of conformity, as well as without causing inconvenience to the consumer. (3) the first paragraph of this article shall not exclude the use of the consumer's right to claim damages or penalty payment of remuneration.
30. article. Consumer rights if the product is not delivered or the service does not provide a specific time limit (1) where the parties have agreed otherwise, the seller or the service provider delivers the goods, transfer to the possession of the consumer, without undue delay, but not later than 30 days after the conclusion of the contract. (2) if the seller or the service provider is not fulfilled the obligation to deliver the goods within the time limit that has been agreed with the consumer, or the first part of this article within the time limit set, the consumer requires that the seller or the service provider supplies the product in the more appropriate term. If the seller or service provider for additional item not supplied within the time limit, the consumer has the right to unilaterally withdraw from the Treaty. (3) the second paragraph of this article shall not apply if the seller or service provider has refused to deliver the goods or the supply of the goods in respect of which the time limit has been the agreement of the Contracting Parties, is essential in the light of the circumstances of the conclusion of the contract, or if the consumer prior to the conclusion of the contract is informed the seller or the service provider that the goods delivery by a certain date or a specific date is essential. In this case, if the seller or the service provider is not delivered the goods within a time limit which has been agreed with the consumer, or within the time limit laid down in the first subparagraph, the consumer shall be entitled to immediately withdraw from the Treaty unilaterally. (4) if the parties have agreed otherwise, the service provider shall provide the service within a reasonable time, having regard to the nature of the service and volume. (5) if the service provider has not fulfilled the obligation to provide services in respect of which the time limit laid down has been agreed with the consumer, or the fourth paragraph of this article within the time limit or provide services only in part, the consumer will require the service provider to provide services in the more appropriate term. If the service provider an additional term, the service is not provided, the consumer has the right to unilaterally withdraw from the Treaty. (6) the fifth paragraph of this article shall not apply if the service provider has refused to provide the service or delivery of the service period, which had the agreement of the Contracting Parties, is essential in the light of the circumstances of the conclusion of the contract, or if the consumer prior to the conclusion of the contract is informed the service provider that the service delivery by a certain date or a specific date is essential. In this case, if the service provider failed to provide services in respect of which the time limit has been agreed with the consumer, or within the time limit laid down in the fourth paragraph of this article, the consumer shall be entitled to immediately withdraw from the Treaty unilaterally. (7) if the consumer has unilaterally resign from the contract in accordance with this article, the seller or the service provider without undue delay refund to the consumer all under contract in the amount of money paid by the consumer. " 24. To supplement the law with article 30.1 of the following: ' article 30.1. Product delivery risk transition (1) delivery of the goods to the consumer, the loss of or damage to the goods shall pass to the consumer a risk at the moment when the consumer or his agent has obtained possession of the goods. (2) if the consumer has chosen to ask the delivery carrier and this feature is not provided by the seller or the service provider of the loss or damage to the goods, the risk goes to the consumer at the moment when the goods are handed over to the carrier. In this case, the customer is eligible in accordance with the procedure laid down in the Civil Code apply to a claim against the carrier. (3) this article shall not apply to contracts for water, gas or electricity, except for water, gas or electricity is sold in limited volume or set quantity, as well as contracts for central heating and contracts for the supply of digital content that is not provided in material media. " 25. replace article 31 in the fourth paragraph, the words "and article 29, first paragraph, point 4," with a number and the words "29." in the first paragraph. 26. Turn off 31.1 article. 27. To supplement the law with article 31.2 of the following: "article 19.4. Additional payments (1) where in relation to the contracts concluded by the seller or the service provider as a possible means of communication with the consumer provides a phone line, there is no obligation for the consumer communication with the seller or the service provider to pay more than the phone use a basic tariff. (2) in the first subparagraph shall not preclude certain electronic communications providers require a fee for phone use. (3) the seller or the service provider is prohibited from payment of the offered product or service, require from the consumer for the use of the payment of a fee, the amount of which exceeds the seller or the service provider concerned, expenditure in connection with the use of payment. " 28. Article 32 of the expression by the following: ' article 32. The loss of remuneration the consumer claims for loss compensation and contractual penalties in court challenges to the recovery of the civil procedure law, given that the consumer has no special knowledge about the goods purchased or received service characteristics and characteristics. " 29. Chapter VIII off. 30. the transitional provisions be supplemented with 21, 22, 23 and 24 by the following: "21. Amended article 8 of this law in part 4.3 part 1.3 introductions to the new edition, part 1, paragraph 4.3 and paragraph 10 of the new version, as well as 1.4, 4.4, 4.5, 4.6, 10.1, twelfth, thirteenth and fourteenth part shall enter into force on July 1, 2014, and these amendments apply to contracts concluded starting with July 1, 2014, as well as the requirements of the applications submitted to the Court, beginning with July 1, 2014. 22. Amendments to this law, article 1, paragraph 2, 4, 5 and 6 new paragraph, paragraph 8, article 2, new article 4, fourth, fifth and sixth part, article 4.1 in the third, fifth, sixth and seventh of the amended article 5 of the second paragraph, point 4, the amendments to the exclusion of article 6, first paragraph, the part of part 1.1 2.2, amendments to paragraph 3 of part three in part three, 5. , 7, 8, 8.1, 9, 11, 12, 13, 14, 15, 16, 17 and 18, article 3.1, 3.2, 3.3, 3.4, the fifth part of the new version, the name of the article 9, first and second parts of the new Act, third subparagraph, fifth, 10th and 12 new version of the article, the name of the new chapter III, article 17, first paragraph, and the new version of the fourth part, the exclusion of article 18 The title of Chapter VII, the new version of article 27, first paragraph, the new version of the amendment, the second paragraph of article 30 of the new final, article 18.7, amendment of article 31 fourth subparagraph, article 19.4, the new version of article 32 shall enter into force on 13 June 2014, and these amendments apply to contracts concluded, beginning with 2014 from 13 June. 23. This law, article 4.1 of part four, 13 and 14, the new version of article 14.1 as well as article 28, 29 and 31 of the fourth subparagraph of article new version shall enter into force on January 1, 2015. 24. Article 4.1 of this law the fifth part contains a reference to the 13, 14 and article 28 applicable starting with January 1, 2015. " 31. the information in the reference to European Union directives: 1. turn off and (5); Add to the informative reference to paragraph 12 of the following wording: "12") of the European Parliament and of the Council of 25 October 2011-2011/83/EU directive on consumer rights and amending Council Directive 93/13/EEC and European Parliament and Council Directive 1999/45/EC and repealing Council Directive 85/577/EEC and European Parliament and Council Directive 97/7/22/EC. " The Parliament adopted the law in 2014 on April 24. The President a. Smith in Riga 2014 on May 14.