The Order In Which Piesakām And Points To The Consumer's Claim About Inadequate Provisions Of The Contract Goods Or Services

Original Language Title: Kārtība, kādā piesakāms un izskatāms patērētāja prasījums par līguma noteikumiem neatbilstošu preci vai pakalpojumu

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/141276

Cabinet of Ministers Regulations No. 631, Riga, 1 august 2006 (pr. No 40 11) the order in which piesakām and consumer's claim under consideration of the terms of the contract according to the good or service not issued in accordance with the consumer protection law, article 27, third paragraph i. General questions 1. determines the order in which piesakām and points to the consumer's claim about inadequate provisions of the contract goods or services (hereinafter the claims), and the latter the goods or services expertise. II. Claim 2 of the application logs on the consumer's claim to the manufacturer, seller or service provider to its registered address or the purchase of goods or services. 3. the manufacturer, seller or service provider is obliged to accept and consider the consumer's claim. Consumer claims may be expressed orally or submit a written application for the claim (sent by mail). 4. Where a manufacturer, seller or service provider refuses to fulfill the consumer's oral claim about a product or service does not comply with the terms of the contract or the claim to the limits, the manufacturer, seller or service provider is obliged to inform the consumer of the right to submit a written application for the claim. 5. the consumer in writing of the claim submitted, the application shall state: 5.1 the application claims the recipient (the manufacturer, seller or service provider) name of the natural person – name, surname;
5.2. the customer (applicant's claim) name, surname and residence address;
5.3. product or service found did not comply with the terms of the contract;
5.4. the goods or services within the leased or made new, enhanced or redesigned Affairs (hereinafter referred to as the case) the name, quantity, or number of units and identification signs (if a product or thing is returned to the manufacturer, seller or service provider) or information on how you may use to access the item or if the item or case for practical reasons (heavier than 10 kg, set up residence) it is not possible to produce When submitting a claim application;
5.5. application claims attached to documents or copies of documents;
5.6. the claim date of the application;
5.7. the information that the consumer wants to take an independent expertise, if the manufacturer, seller or service provider does not agree to satisfy. 6. the consumer claims in the application defined in the manufacturer, seller or service provider requirements. Application of the claim shall be prepared in two copies. Claim, the application shall be accompanied by a copy of the document certifying the transaction. If the result of the service provided is not physical, then the consumer submits a claim to the provider's application, accompanied by the documents (if any) or copies of the documents to which he referred to as in support of its application. 7. application for consumer Claims prepares free-form or fills out a claim application form (annex). 8. If, in the application of this rule 5.1, 5.2 and 5.3 information referred to and attached to the deal, a copy of the identity document, the performance requirements prohibited by a suspended condition (formality). 9. By submitting the application, the claims of the manufacturer, seller or service provider, the consumer: 9.1 shows or transfer the product or thing;
9.2. provide information on how you may use to access the item or if the item or case for practical reasons it is not possible to report the claim, by submitting an application. 10. application of the claim shall be signed by the consumer (applicant) or its representative. If the application is signed by the consumer (applicant) representative, the application shall be accompanied by a mandate of the claim, proving the right of representation. 11. the manufacturer, seller or service provider, you receive a claim application, have an obligation to the consumer's copy of the application: 11.1. write the word "received" or impose "received" stamp and confirm receipt with signature;
11.2. indicate the date of receipt of the application;
11.3. specify the requested name and job title;
11.4. provide a short written assessment of the goods, if the Visual product or thing is given simultaneously with the application for the claim. 12. If the consumer submits a claim application, manufacturer, seller or service provider shall return the goods or things, the manufacturer, seller or service provider to ensure that a product or thing to transfer expertise and upon receipt from them to return to the consumer is not corrupted or changed. 13. the manufacturer, seller or service provider claims in contrast to the application requirement is not entitled to arbitrarily prevent product or service deficiencies. 14. the arbitrary failures, contrary to the claims in the application requirement does not exempt the manufacturer, seller or service provider from the obligation to meet the requirements of the claim in the application. Expenditure incurred in the arbitrary addressing shortcomings, the consumer does not have to pay. III. Claim of 15. the examination of the application for a manufacturer, seller or service provider within ten days after the receipt of the claims shall provide the written response to the consumer of the decision taken with regard to the claim in the application requirements, if during that period a written mutual agreement on a requirement or an alternative form of implementation requirements. 16. the written agreement with the consumer, you can also set a longer time limit for responding to a claim application. 17. Where a manufacturer, seller or service provider agrees to fulfill the consumer's claim or agree in writing for an alternative form of implementation requirements, the manufacturer, seller or service provider shall inform the consumer in writing of the requirements of the due date. The requirement to run for seven days following the response to the application of the provision of the claim date, when the parties have agreed in writing on the other. 18. Where a manufacturer, seller or service provider refuses to execute the requirements of the consumer, it gives the consumer in writing a reasoned refusal. 19. If the consumer does not make the claim willingness to take independent product or service expertise, then by requirement of the consumer receiving the refusal to respond in writing to the manufacturer, seller or service provider, informing that: 19.1. consumer wants to apply its own product or service expertise;
19.2. the manufacturer, seller or service provider is eligible to sign up for a product or service expertise. 20. If the consumer has expressed a desire to sign up independently goods or services of inspection and make the claim in the application submitted, has transferred goods or services resulting from a case manufacturer, seller or service provider, the manufacturer, seller or service provider to the consumer's request, immediately return the transferred goods or thing for the consumer. 21. If the nature of the service provided or actual conditions shows that, through expertise, it is not possible to find out the service provided does not comply with the terms of the contract, or if providing a service, is not a new thing or repaired, improved an existing thing, or if the result of the service provided is not physical, expertise does not perform. The costs arising from making the appropriate expertise, without reimbursement. 22. If the inspection is not appropriate, the manufacturer, seller or service provider shall agree with the consumer as to the manner of performance requirements and (or). 23. If by the consumer and the manufacturer, seller or service provider in the event of a dispute concerning the inspection, dispute the usefulness of distinguishing between these provisions 48. the authority referred to in paragraph 1. IV. Inspection log 24. If the consumer has expressed a willingness to take independent product or service expertise, he is entitled to choose one of these provisions 48. the authorities referred to in paragraph 1 the database specified recommended inspection processors. At the request of the rētāj even this provision 48. the authority referred to in paragraph 1 provide advice to potential experts. 25. If the consumer has not expressed a desire to apply independently to the expertise of a good or service, then within three working days after this rule 19.2. consumers referred to in the response from the manufacturer, seller or service provider: 25.1. choosing one of these provisions 48. the authorities referred to in paragraph 1 the database specified recommended inspection processors;
25.2. applying the expertise of a good or service;
25.3. deliver inspection reviewer expertise of the subject or thing, if the item is bulky or heavier than 10 kg or if the product or thing given by the application of the claim, or notify the consumer where to deliver expertise in product or subject matter, if it is not checked by the claims of the application. 26. A product or service expertise expertise reviewer application made in writing, specifying that inspection must find. 27. the application shall be accompanied by the expert inspection of the required documents: 27.1. customer's claim is a copy of the application;
27.2. the manufacturer, seller or service provider to the consumer a copy of the response;
27.3. information about any repairs (if any);
27.4. normatīvtehnisko documents (if any);

17.1. the contract or other document, a copy of which the specific expertise of the item or service being subjected to sliding. 28. Where necessary, the investigator expertise is entitled to request additional information on the expertise submitted item or case. 29. If the rules referred to in paragraph 27 of the original document or copy is in a foreign language, the expert is entitled to request a translation into the national language. V. inspection order 30. inspection of goods or services shall be carried out to determine: 30.1. goods or services comply with the terms of the contract (if not,-compliance with izvirzāmaj requirements normally);
30.2. non-compliance with the provisions of the contract type and the emergence of causes;
30.3. non-compliance with the provisions of the contract of significance (not aware of whether goods or services without lowering the performance of basic quality and can it be prevent, not creating visually detectable changes in the appearance of goods or things);
18.9. the goods or the new things made for depreciation. 31. If the reviewer expertise expertise during the determination of compliance necessary to carry out tests or experiments, exposing the product or use of natural or chemical exposure, which makes a product or thing can break or lose their properties, the reviewer expertise items check in with destructive control methods is carried out only with the written consent of the consumer. 32. the reviewer expertise carried out expertise and expert opinion drawn up within a month of application expertise. 33. the expert reviewer within five days after the inspection results or design issue, conveyed the expertise the applicant sent two inspection copies of the opinion. 34. If the applicant has expertise in manufacturer, seller or service provider, then it immediately, but not later than three working days after receipt of the opinion of the expertise submitted, conveyed or forwarded to the consumer for one copy of the opinion and expertise if necessary, notify the order in which the consumer can receive the returned item or inspection. 35. the inspection shall be borne by the applicant, applying expertise expertise. Expertise that the applicant paid the expertise of inspection expenditure analyst, is entitled to require that the claims involved in the examination of the application for the other party to repay the direct inspection expenses if its merits from the point of view of the inspection findings. 36. If the inspection is made by a consumer and the merits of his point of view stems from the examination opinion, the manufacturer, seller or service provider within seven days after receipt of the conclusion is obligated to repay the consumer direct inspection. 37. If the inspection is made by the manufacturer, seller or service provider and the point of view of justification arising from inspection findings, but the consumer refuses to reimburse the applicant for direct inspection expertise, expertise in the applicant shall recover it in accordance with the procedure laid down in the civil code. 38. the reviewer expertise after this rule 48 referred to the request of the authority, provide information on the inspection log, conduct and results. Vi. Expert opinion and expertise requirements raised 39. Product or service expertise to take this provision in paragraph 48 of that authority database: 24.3. the reviewer expertise;
24.4. the law on conformity assessment procedures specified in the certified expert or an accredited conformity assessment body. 40. the expert reviewer is an independent inspection and preparation of an opinion. The expert opinion of veracity and objectivity are responsible for inspection. 41. Product or service expertise opinion be expressed in writing. Opinion indicates the following: 41.1. expertise in the reviewer's firm, registration number and signature of the authorised person, if the reviewer expertise is a legal person;
41.2. the inspection site and date;
41.3. expertise in the description;
25.7. the person who has applied for inspection;
25.8. data on expert (name, education, specialty and apakšspecialitāt, as well as the certificate (if applicable) number);
25.8. expert asked questions and reasonable answers to them;
25.9. non-compliance with the provisions of the Treaty (this way, the emergence of causes and significance);
41.8. inspection methodology used and (or) standards;
41.9. goods or services leased or made under the new, enhanced or redesigned, the degree of depreciation of the case (if necessary). VII. A manufacturer, seller or service provider responsibilities, if the consumer's claim in the application requirements of reasonableness arises from the expert opinion of 42. If the inspection acknowledged that the claims in the application of the consumer's claim is justified, or that rule 48, paragraph binding authority has provided guidance to the manufacturer, seller or service provider, the manufacturer, seller or service provider shall promptly, but not later than seven working days after the examination opinion, or binding instructions shall fulfil the requirements of the consumer. 43. Where a manufacturer, seller or service provider refuses in writing to prevent their goods or services does not comply with the terms of the contract, for which the inspection acknowledged that the claim is justified by the consumer, and the consumer himself or with the assistance of a third person is prevented does not comply with the terms of the contract, the claim for reimbursement (adding expenses a copy of identity document) the consumer logs on the manufacturer, seller or service provider after resolved the goods or services of non-compliance with the provisions of the Treaty. 44. the manufacturer, seller or service provider looking for the consumer's claim for reimbursement is sought in accordance with the provisions of paragraph 43, and immediately, but not later than three working days after receipt of documents certifying the expenses reimbursed in expenses incurred in eliminating the consumer goods or services does not comply with the terms of the contract. 45. Where a manufacturer, seller or service provider agrees to fulfill the requirements of the consumer, the consumer has the right to lodge claims repeatedly about the goods or services does not comply with the terms of the contract the period remaining until the statutory claim of the application deadline. 46. Law claim is excluded from the application of the time limit for a period which elapsed between the date of application of the claim to the date on which the goods or services to prevent non-compliance with the provisions of the Treaty. The manufacturer, seller or service provider business in the certificate specifies the date when the resolve of each product or service without compliance with the provisions of the Treaty. 47. Where a manufacturer, seller or service provider refuses to accept and consider the consumer's claim or application to meet consumer demands, which recognized the validity of the inspection, or otherwise do not comply with these rules of procedure referred to, the consumer can complain to this provision in paragraph 48. VIII. the competence of the supervisory authorities, 48. consumer rights protection centre or other authority which is competent in accordance with the laws of the market monitoring area: 29.9. appropriate competency creates, maintains, updates and public investigator expertise database (hereinafter database);
the appearance of the consumer application 48.2. and complaints about violations of these rules;
48.3. the binding instructions give the manufacturer, seller or service provider, if the inspection is not appropriate;
30.1. If needed, give binding instructions the manufacturer, seller or service provider in relation to the customer's requirements;
30.1. the competence of the administrative penalty according to the manufacturer, seller or service provider for this rule. 49. The consumer protection centre or other authority which is competent in accordance with the laws and regulations are in the field of market surveillance, the investigator expertise database, as well as off. Refusal of registration, or the decision to exclude from the inspection database operator is entitled to challenge the administrative process of regulatory legislation. 50. To register in the database, the reviewer expertise in consumer rights protection centre or another authority which is competent in accordance with the laws of the market surveillance is in the area concerned, submitted by: 50.1. formal credentials (if any);
50.2. a statement that the reviewer can provide expertise in specific research;
50.3. proof of expertise in the reviewer's education and experience in the field in question;
50.4. information about the technical support available to examiner. 51. If there are changes to this provision in paragraph 50 the news, expert investigator, which is included in the database, submit to the consumer rights protection centre or another authority which has competence in the area of market monitoring, updated information. 52. The consumer protection centre or other authority which is competent in accordance with the laws and regulations are market surveillance in the area concerned, to the exclusion of the offender from the expertise database: 52.1. based on the reviewer's expertise in application;
52.2. based on the evidence of expert without bias or professionalism;

52.3. If inspection investigator repeatedly not complying with these rules and the inspection mentioned expert opinion procedure. IX. Closing questions 53. the seller or service provider designs and deploys text of these rules of trade or the provision of services in place so that the consumer would be well accessible, visible and readable. 54. Be declared unenforceable in the Cabinet of 23 March 2004, Regulation No 154 "order in which piesakām the consumer's claim about inadequate provisions of the contract goods or services and goods or services organize expertise" (Latvian journal, 2004, no. 48). Prime Minister a. Halloween economic Minister a. Štokenberg annex Cabinet 1 august 2006 Regulation No. 631 Claims application sample economic Minister a. Štokenberg in