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On The Protection Of The Rights Of Consumers

Original Language Title: О защите прав потребителей

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Consumer protection this law establishes the legal, socio-economic basis of the State policy in the sphere of consumer protection.
 
Chapter i. General provisions article 1. The basic concepts used in this law are used in this law the following concepts: 1) goods (work, service) with a significant disadvantage is the goods (work, service): a) the lack of which makes it impossible or forbidden its use in accordance with purpose;
b) lack of which manifests itself again after its elimination or at its elimination requires over twenty calendar days or not at all may be removed;
ç) was repeatedly repaired a total of more than thirty calendar days during each year of the warranty period;
2) goods (work, service) quality-goods (work, service), corresponding to requirements of normative documents or the terms of the Treaty in their properties and characteristics;
3) goods (work, service)-product (result) of the manufacturer (performer), intended for sale to the consumer;
4) safety of goods (works, services) is a set of properties and characteristics of the goods (works, services), where there is no risk associated with the possibility of causing harm (harm) to the life, health, heredity, his property or consumer environment Wednesday, under normal conditions of use, storage, transportation, disposal, destruction of goods (works, services);
5) quality of goods (works, services) is a set of properties and characteristics of the goods (works, services) related to its ability to meet the needs of the customer and the relevant requirements established by the regulations;
6) remote method of selling goods-the way of the sale of goods under a contract entered into pursuant to familiarize consumers with the proposed seller product description by means of catalogues, brochures, booklets, photographs, communications or other means, excluding the possibility of direct knowledge of consumer goods or sample with the condition of delivery to the consumer;
7) service life is the period of time during which the manufacturer (performer) ensures the safety of the goods (work) is responsible for significant disadvantages arising through no fault of his own;
8) warranty period-the period of time during which the manufacturer, the seller (executor) undertake to meet the requirements of the gratuitous relative to consumer goods (works, services) with the disadvantage;
9) goods (work, service) with the downside-the goods (work, service), not corresponding to requirements of normative documents or the terms of the contract or the purposes for which the goods (work, service) of this kind usually used;
10) manufacturer-individual entrepreneur, a legal person (its separate subdivision), which produce or manufactured goods intended for sale to the consumer;
11) consumer is a natural person, the person intending to buy (order), purchasing (ordering) of goods (work, service) or using the purchased goods (work, service) to meet personal needs (domestic) not related to profit;
12) the seller is an individual businessman, legal entity (its separate subdivision), as well as a natural person engaged in the sale of goods to the consumer under the contract for the retail sale of goods;  
13) agreement-agreement, oral or written, between the user and seller, contractor about the quality of goods (works, services), its pricing, timing and other conditions under which the retail sale and purchase of goods, performance of works or provision of services;
14) authorized person-an individual entrepreneur or legal person (its separate subdivision) who are empowered by the manufacturer on adoption and satisfaction of claims in respect of consumer goods, including goods with a lack of or a product with a significant disadvantage;
15) shelf life-the period of time set by the manufacturer (performer), or defined by the terms of the contract, during which the manufacturer (performer), subject to appropriate conditions of storage, transportation or use (consumption) of goods, guarantees its quality and safety in accordance with the requirements of normative documents or the terms of the contract;
16) artist-individual entrepreneur, a legal person (its separate subdivision) performing work for the consumer or the service performance contracts for services.
 
Article 2. Turkmen legislation on protection of consumers ' rights 1. Turkmen legislation on consumer protection is based on the Constitution, civil code of Turkmenistan and consists of this law and other normative legal acts of Turkmenistan.
2. If an international treaty to which Turkmenistan stipulates other rules than those contained in this Act, the rules of the international treaty shall apply.
 
Article 3. The scope of the present law

1. This law governs the relations arising from the agreement of the retail sale of goods, performance of work, the result of which is the creation (manufacturing) of the goods, the contract for the provision of services, the result of which is to change the properties and characteristics of the goods (stuff), and other agreements aimed at addressing personal (domestic) needs and not related to profit.
2. This law shall not apply to relations arising from contracts on the implementation work on the provision of services, based on an employment relationship.
 
Article 4. State policy in the sphere of consumer protection a State policy in the sphere of consumer protection seeks to: 1) the protection of rights and legal interests of consumers;
2) improvement of legal framework relating to consumer protection;
3) supply of goods (works, services) of good quality.
 
Article 5. Consumer associations 1. Consumers may, on a voluntary basis, in order to protect their rights to form voluntary associations of consumers in the manner prescribed by the legislation of Turkmenistan.
2. consumer associations carry out consumer protection activities in accordance with its statutes and with the legislation of Turkmenistan.
 
Article 6. Warranty information 1. Manufacturer (performer) must establish for the goods (work, service) warranty period, except for goods listed in part 6 of article 15 of this law.
2. If the goods (work, service) manufacturer (performer) was not a warranty period, the seller shall have the right to install it.
If the warranty period for the goods installed by the manufacturer, the seller has the right to establish the warranty period for the product longer than the warranty period established by the manufacturer.
The seller is not entitled to reduce the warranty period for the product, installed by the manufacturer, as well as make warranty information not corresponding to requirements of legislation of Turkmenistan in the sphere of consumer protection.
3. The warranty period for the goods (work, service), as well as its service life is calculated from the date of sale of the goods (works, services) the consumer shall, unless otherwise provided by the contract. If the day of the sale of goods (works, services) cannot be established, those dates are calculated from the date of manufacture of the goods (execution of works, rendering services).
The service life of the goods (work) is set by the manufacturer (performer) and can be calculated in units of time (years, months, days, hours) and other units (km, meters) on the basis of the destination of the goods (work).
4. In determining the duration of the warranty period for the goods (work) manufacturer (performer) may use a combination of time units and other units of measure, indicating that the warranty period ends, whichever comes first-timer is a term for a certain period of time or a certain number of expires other units of measurement.
5. For seasonal goods (shoes, clothes and other goods) warranty periods shall be calculated from 1 December of each year-for winter, 1 March each year − for spring goods, from 15 April of each year for a summer of − goods 15 October of each year-for autumn goods.
6. If the goods (work, service) is not in warranty period, requirements related to the downside or a significant disadvantage in the goods (work, service), may be brought by the consumer, provided that the defect in the product sold (work, service) was discovered in a period not exceeding two years from the date of purchase specified goods (works, services) to the consumer, if the longer term is not set by the Treaty.
7. In cases where the Treaty the warranty period for the goods (work, service) is less than two years and lack of goods (work, service) detected by the consumer at the end of its warranty period, but within two years from the date of sale of the goods (works, services), the consumer shall be entitled to submit to the seller (executor) requirement referred to in paragraph 1 of article 22 of this law. If the seller (executor) proves that the detected flaw in goods (work) were caused by fault of the consumer, the seller (executor) shall have the right to refuse it in the specified requirement.
8. Upon the expiration of the warranty period for the goods (work, service) flaw in goods (work) is eliminated by the seller (executor) on a reimbursable basis. If it detects a defect in the goods (work) is significant, the consumer has the right to demand the removal of a significant shortage of gratuitous product (work) only during the term of Office, and if the lifespan is not selected within ten years from the moment of transfer of the goods (work completed). If the seller proves that discovered the flaw in goods (work) were caused by fault of the consumer, the removal of specified deficiency is carried out by the seller (executor), by an authorized person on a reimbursable basis.
9. Warranty periods may be placed on components and component parts of primary goods (work) calculated in the same manner as the warranty period for the main product (work).

The warranty periods for components and component parts of primary goods (work) are considered equal to the warranty period on the main product (work) unless otherwise stipulated in the contract. If the component is installed in the contract product warranty period shorter than the warranty period for the main product (work), the consumer shall be entitled to make a claim for any defect in a product component, if found within the warranty period on the main product (work), unless otherwise provided by the contract.
If the component is installed in the contract product warranty term longer than the warranty period for the main product (work), the consumer has the right to bring a claim on Elimination of the revealed a lack of product (work) if the defect in a product component is discovered within the warranty period to it, regardless of the expiration of the applicable warranty period on the main product (work).
10. When selling goods (work) on samples by mail, as well as in cases where the time of conclusion of the contract and the time of the transfer of the goods (work) the consumer do not match, the warranty period or the service life of the goods (work) is calculated from the day of delivery to the consumer, and if the goods (work) requires special installation (connection) or the Assembly − on the date of its installation (connection) or Assembly. If the consumer is deprived of the opportunity to use the product (work) due to circumstances beyond the control of the seller (executor), the warranty period or the service life of the product (the work) is not calculated until the seller (executor) of these circumstances.
If the day of transfer, installation (connection) or Assembly of goods (work) cannot be determined, specified time shall be calculated from the day of conclusion of the contract.
11. the dates referred to in this article shall be communicated to the consumer in the product information (work), provided by the consumer in accordance with section 14 of this Act.
 
CHAPTER II. STATE CONTROL in the sphere of CONSUMER PROTECTION Article 7. Authorities exercising State control in the sphere of consumer protection bodies exercising State control in the sphere of consumer protection are the Cabinet of Ministers of Turkmenistan, Ministry of trade and foreign economic relations of Turkmenistan (hereinafter referred to as the authorized body), other public authorities involved in consumer protection (hereinafter referred to as "other public bodies), local executive bodies and local governments.
 
Article 8. Competence of the Cabinet of Ministers of Turkmenistan Cabinet of Ministers of Turkmenistan: 1) defines a uniform State policy in the sphere of consumer protection;
2) publishes the normative legal acts in the field of consumer protection;
3) coordinates the activities of bodies of State power and administration and local self-government bodies in the field of consumer protection;
4) exercise other functions referred to his competence, legislation of Turkmenistan.
 
Article 9. Competence of the authorized body Empowered body: 1) implements a uniform State policy in the sphere of consumer protection;
2) adopts the normative legal acts in the field of consumer protection;
3) considers complaints and applications for consumers;
4) monitors compliance with the legislation of Turkmenistan on the protection of the rights of consumers;
5) interacts with other State authorities, local authorities and bodies of local self-government, public associations of consumers in the field of consumer protection;
6) protects the interests of the consumer in court;
7) provides citizens with information on consumer protection;
8) exercise other functions referred to his competence, legislation of Turkmenistan.
 
Article 10. The competence of other State bodies, other State bodies: 1) participate in the implementation of a uniform State policy in the field of consumer protection;
2) exercise control over compliance with the requirements of the legislation of Turkmenistan on the protection of the rights of consumers;
3) complaints and statements by consumers;
4) perform other functions referred to their competence, legislation of Turkmenistan.
 
Article 11. The competence of the local authorities and local self-government bodies of the local executive bodies and local governments: 1) participate in the implementation of a uniform State policy in the field of consumer protection;
2) complaints and statements by consumers;
3) shall inform the authorized body and other State bodies to identify cases of the sale of goods (works, services), which can cause damage (damage) to the life, health, heredity, his property or consumer environment Wednesday;
4) perform other functions referred to their competence, legislation of Turkmenistan.
 
Article 12. Obligation to provide the necessary information to bodies exercising State control in the sphere of consumer protection

The seller, manufacturer, contractor, authorized person upon request of State bodies exercising State control in the sphere of consumer protection are required to submit within the prescribed period reliable information, documentation, explanations in writing or orally and other information necessary for the exercise of their powers stipulated by the legislation of Turkmenistan.
 
CHAPTER III. CONSUMER LAW Article 13. The right of the consumer to choose freely the goods (works, services) 1. The consumer has the right to a free choice of goods (works, services).
2. the seller (performer) must provide to the consumer a free choice of the goods (works, services) of adequate quality at a convenient time for the consumer.
3. Terms and conditions of the agreement null and void if they limit consumer rights established by this law and other normative legal acts of Turkmenistan in the sphere of consumer protection.
4. it is not allowed to dictate the purchase of one of the goods (works, services) of the compulsory purchase of other goods (works, services).
5. If the terms of the contract does not stipulate otherwise, the seller, contractor may not, without the consent of the consumer: 1) fulfil (provide) the additional work (service) for a fee. The consumer has the right to refuse payment for the specified job (service), and if it paid − may claim from seller, Executive Director for refund (provided) additional work (services) amount of money;
2) require full or partial pre-payment for the goods (work, service), which the consumer has the intention to buy.
6. The establishment of any advantages, direct or indirect restrictions when choosing the good (work, service) is not allowed, except for the cases stipulated by the legislation of Turkmenistan.
7. Certain categories of consumers can be provided benefits and advantages in the commercial, consumer services and other types of customer service in the manner prescribed by the legislation of Turkmenistan.
 
Article 14. The right to receive complete and reliable information about the seller, the manufacturer (performer), goods (work, service) 1. The consumer has the right to receive complete and reliable information about the seller, the manufacturer (performer), goods (work, service). This information shall be communicated to the consumer in a readable and accessible form in contracts the retail sale of goods on the work of providing ways adopted in some spheres of service to consumers.
2. information about the seller (executor) shall contain: 1) the full name of the seller (executor);
2) mode of operation the seller (executor), except for the natural person referred to in paragraph 12 of article 1 of this law;
3) information on the State registration of a legal entity or individual entrepreneur without legal education, license (if the type of activities subject to licensing).
The full name of the seller (executor), his works are placed on the signboard.
3. The information required by part 2 of this article shall be communicated to the consumer in the implementation of trade, domestic and other types of customer service in temporary premises, at fairs, stalls and in other cases if the trade, domestic service and other types of customer service are carried out outside the permanent location of the seller (executor).  
4. the seller (artist) is obliged to provide timely and necessary and truthful information to the consumer: 1) concerning the rules for the sale of goods (works, services);
2) about a particular person who will do the job, to provide a service, if it has a value, depending on the nature of the work (services);
3) of goods (works, services) to ensure their correct choice;
4) on the conditions of the sale of goods (works, services).
5. information about the goods (work, service) should contain: 1) name of goods (works, services) and information about its basic consumer properties and characteristics;
2) full name of the manufacturer (performer), authorized person, their location (legal address);
3) name of the country of origin, the designation of the instrument under which produced the goods (work, service), registered (patented) the trademark or service mark;
4) provides information about basic consumer properties and characteristics of the goods (works, services), in relation to food product-information on the availability of nutritional supplements, dietary supplements, products produced in Turkmenistan-no food product of genetically modified organisms (microorganisms), nutritional information, appointment, conditions of use and storage of food, about how to make ready meals, weight (volume) date and place of manufacture and packaging of food product (packaging), as well as information on contraindications for human consumption when certain types of diseases.  List of food commodities, which should contain the contraindications for human consumption when certain types of diseases, shall be approved by the authorized body in the sphere of public health services of Turkmenistan;
5) price information;
6) indication of the warranty period, if it is set;

7) assignment information of goods (works, services) and the conditions for the effective and safe use;
8) information about the production date, expiry date or durability of the goods (work), established in accordance with the legislation of Turkmenistan, as well as information about what to do after these periods, consumer and the possible consequences of failing to observe these steps, if the goods (work, service) end-of-life or expiry date can cause harm (harm) to the life, health, heredity consumer property or the environment or Wednesday is not suitable for its intended use;
9) information about the energy efficiency of non-food goods in respect of which the requirement of the information identified normative documents;
10) certification information of goods (works, services);
11) data on mass (NET and gross), the extent of the quantity and (or) the completeness of the goods (work);
12) other information that are mandatory to provide the consumer, in accordance with the legislation of Turkmenistan.
6. The information required by part 5 of this article shall be communicated to the consumer in the technical documentation supplied with the goods (work, service), or otherwise taken for certain types of goods (works, services).
7. In the case of the sale of consumer goods (works, services), which was in use or where the flaw flaw, the consumer should be provided with information about it. In the case of the sale of goods (works, services) with the lack of information on the availability of the specified deficiency must be specified in the document confirming the payment.
8. The information required by part 2 of this article shall be communicated to consumers in the State language, and the information required by part 5 of this article, is in the State language and (or) in Russian, and (or) in English and, at the discretion of the seller, the manufacturer, artist, − in other languages.  
9. In cases of unfit or substandard consumer material (things) to do the work, provision of services, informed disagreement with the way the work of the service proposed by the consumer, the occurrence of circumstances dependent on the consumer, capable of causing change in the quality of work performed, services rendered, or the inability to complete the term of execution of works, rendering services the agent shall promptly and reasonably inform the consumer about this.
If the consumer, despite the warning of the executor, in original terms will not replace a worn-out or tacky stuff (thing), or does not change the guidance on how to execute the work or service will not eliminate other circumstances entail lowering the quality of the work performed, services rendered, the executor has the right to terminate contracts for performing work on the provision of services and demand compensation of damage (damage).
10. In case of occurrence of circumstances dependent on the performer, capable of causing failure to complete in time for execution of the work, provision of services, the contractor is obliged to inform consumers about these circumstances.
11. In cases of incomplete or inaccurate information about the goods (work, service), necessary for the correct choice, the consumer shall be entitled within seven calendar days to terminate the contract and demand the return of the price paid for the goods (work, service) and reimbursement of an amount of money caused him injury (harm), if: 1) the purchased goods (work, service) does not have the necessary consumer properties, characteristics;
2), use of the goods (works, services) by appointment.
12. The consumer upon cancellation of the contract must return the goods (work), if it is possible, in view of its nature, the seller (executor).
The seller (executor) when returning the consumer paid for goods (work) amount of money is not entitled to withhold from it the amount dropped the price of the goods (work) due to its use in whole or in part, the loss of presentation or due to similar circumstances.
13. When considering consumer's requirements about compensation of damage (damage) caused him due to the failure by the seller (executor) complete and accurate information about the goods (work, service), it is necessary to proceed from assumptions about the consumer does not have special knowledge about the properties and characteristics of the goods (works, services).
 
Article 15. The right to security of the goods (works, services) 1. The consumer has a right to security of the goods (works, services), subject to the conditions of its use, storage and transportation.
2. Requirements concerning safety of goods (works, services) are required. It is not allowed to sell goods (works, services) without information on compulsory confirmation of its conformity to the specified requirements.
3. For the goods (work), designed for long-term use, the manufacturer (performer) has the right to determine life expectancy. If the goods (work) after a certain period of time may cause harm (harm) to the life, health, heredity, his property or consumer environment Wednesday, manufacturer (performer) must establish the service life of the goods (work) non-expendable property.

List of durables, including components (parts, assemblies, aggregates), which upon the expiry of a certain period of time can cause damage (damage) to the life, health, heredity, his property or consumer environment Wednesday and that the manufacturer (performer) to set the period of service shall be determined in accordance with the legislation of Turkmenistan.  
4. Manufacturer (performer) is obliged to ensure the safety of the goods (work) within the prescribed time limit its life or expiry date.
5. If the manufacturer (performer) is not installed on the goods (work) life, he is obliged to ensure the safety of the goods (work) for a period of ten years from the date of transfer of the goods (work) to the consumer.
6. Food commodities (works), perfumery and cosmetic products, medicines, household products and other goods (work) which may, on the expiry of a certain period of time cause injury (harm) to the life, health, heredity, his property or consumer environment Wednesday, manufacturer (performer) to set an expiry date. The list of goods, which upon the expiry of a certain period of time can cause damage (damage) to the life, health, heredity, his property or consumer environment Wednesday and that the manufacturer (performer) must establish the expiration date is determined by the legislation of Turkmenistan. The shelf life of these products is calculated from the date of their manufacture.
7. it is not allowed to sell goods after the expiration date (lifetime), as well as good (work), which must be installed in the shelf life (lifetime), but it is not installed. The duration of the shelf life (the life of) goods (works) must meet the mandatory requirements to it security.
8. If the safety of the goods (work), storage, transportation, disposal or destruction, it is necessary to abide by special rules, the manufacturer (performer) must specify these rules in the accompanying documentation for the goods (work), or otherwise, and the seller (ispolnitel) is obliged to communicate these rules to the attention of the consumer.
9. If the consumer product rules installed (works), the conditions of its storage and transportation, which causes or is likely to cause injury (harm) to the life, health, heredity, his property or consumer environment Wednesday, manufacturer (seller) shall immediately suspend production (manufacture, sale) of the good (work) for the time necessary to eliminate the causes of harm (harm).
If the causes of harm (prejudice), caused to life, health and heredity of the consumer, his property or the environment, eliminate Wednesday impossible, the seller (executor) shall: 1) remove the specified goods (work) with production (sale);
2) promptly inform the appropriate authorized entity, as well as the consumer through the media about possible injury (harm) his life, health, property or the environment, heredity Wednesday;
3) remove from circulation the specified goods (work) or withdraw it from the consumer. Under the withdrawal of merchandise (work) from a consumer refers to a set of measures aimed at informing consumers about the need to abandon the use of the goods (work) with a significant disadvantage, drawback or transfer it to the seller in order to exchange for a new product a similar brand (model, marking) or receiving monetary compensation.
10. informing the consumer through the media about the goods (work, service), which causes or is likely to cause injury (harm) his life, health, property or the environment, heredity Wednesday, is carried out at the expense of the seller, the manufacturer (performer).
11. In the event of failure by the seller, the manufacturer (performer) duties as provided by paragraph 9 of this article, the withdrawal of merchandise (work) with the production (manufacture, sale) causing harm (harm) to the life, health, heredity, his property or consumer environment Wednesday, removal of the specified goods from circulation and review it from the consumer shall be made as prescribed by the appropriate authorized body.
 
Article 16. User right to adequate quality of goods (works, services) and check its quality 1. The consumer has the right to adequate quality of purchased them goods (works, services), corresponding to requirements of normative documents or the terms of the treaties.
2. the seller is obliged to transfer (the provider) consumer goods (work, service), the quality of which complies with the information provided about the goods (work, service), contract terms and requirements of the legislation of Turkmenistan.
3. The user has the right to inspect the quality of the goods (work), completeness, quantity of the goods (work), in his presence, demonstrating efficiency, proper and safe use of the product (work), if it is not possible due to the nature of the goods (work).
4. the seller (executor) must demonstrate serviceability of the goods (work), check its completeness, to provide the consumer the necessary documents confirming the quality of the goods (work).

5. In the absence of the contract quality of merchandise (work) the seller (executor) shall pass to the consumer goods (work) that matches your requirements and fit for purpose, in accordance with which the goods (work) of this kind is used.
6. If the seller (executor) was raised at the conclusion of the contract the consumer aware of the specific order to purchase (works), seller (performer) is obliged to transfer the goods (work) to the consumer, suitable for use in accordance with these objectives.
7. When selling goods (work) and (or) the description the seller (executor) shall pass to the consumer goods (work), which corresponds to this pattern and (or) description.
 
Article 17. The right of the consumer to obtain from the seller (executor) a document certifying the purchase of the goods (works, services) 1. The consumer has the right to obtain from the seller (executor) a document certifying the purchase of the goods (works, services), except for the cases stipulated by the legislation of Turkmenistan. Under the proof of purchase of the goods (works, services), refers to cash or purchase receipt, a receipt for cash reimbursement order, receipt to otryvnomu card, money order or other document that contains information about the name, price of goods (works, services), the date of the purchase of goods (works, services) seller (executor).
2. the seller (performer) in the sale of goods (works, services) to give proof of purchase consumer goods (works, services), except for the cases stipulated by the legislation of Turkmenistan.
3. the absence of a consumer of the document confirming the purchase of goods (works, services) does not deprive it of the right to confirmation of the specified fact based on the testimony.
4. form of payment for the purchased goods (works, services) shall be determined by agreement between the consumer and the seller, contractor in the manner prescribed by the legislation of Turkmenistan.
 
Article 18. The right to timely receipt of goods (works, services) the consumer has a right to receive goods (works, services) within the deadlines established by the Treaty.
 
Article 19. Consumer rights in violation of the seller (executor) transfer of goods (works, services) 1. The consumer in cases of violation of the seller (executor) established by the Treaty deadline pass to the consumer goods (works, services), as well as in the case provided for in article 10 part 14 of this Act, has the right to repudiate contracts retail sale of goods on the work of providing services, and in the implementation of the provisional payment for goods (works, services) − reclaim sum prepayment of goods (works, services) and the payment to him of a penalty.
2. the seller (executor) upon presentation of the consumer claims for repossession to him of a sum of money paid as advance payment of goods (works, services), must refund the consumer the specified amount within three calendar days.
3. the seller (executor) upon presentation of the consumer claims for him the penalty must pay it at the rate of one percent of the amount of money previously paid for goods (works, services) are accrued for each day from the day of expiry of the term provided for in part 2 of this article. While the amount of money recovered by the consumer of the penalty may not exceed the amount of the provisional payment for goods (works, services).
4. the seller (performer) must upon presentation of consumer claims he forfeits pay it voluntarily.  
5. User Requirements, established part of 1 of the present article are not compensable if the seller (executor) proves that the violation of the terms of transfer of goods (works, services) occurred due to force majeure or due to the fault of the user.
6. Upon termination of the contract in the case of late deposit of work, service provider is not entitled to demand reimbursement of its costs, produced during the execution of works, rendering services, as well as fees for work already performed, provided the service, unless the consumer has accepted the work, took the rendered service.
 
Article 20. Right to exchange goods of proper quality 1. User without explanation may exchange merchandise goods of proper quality for new goods similar brand (model, marking) the retailer from whom the product was purchased, with the exception of the products referred to in paragraphs 5 and 6 of this article.
2. The user has the right to Exchange: 1) non-food goods of proper quality-within fifteen calendar days, not counting the day of its purchase;
2) neskoroportâŝegosâ (not requiring special or special storage conditions) food goods of proper quality in an unbroken consumer packaging within thirty-six hours from the time of its sale.
3. Exchange the goods of proper quality is produced, if the product was not used, preserved its appearance, consumer characteristics, seals, factory labels, as well as a document confirming the payment for the goods. The absence of a consumer of the document confirming the payment for the goods, does not deprive him of the possibility to rely on the testimony.

4. If a new product similar brand (model, marking) is absent on the day of treatment the consumer to the seller, the consumer may withdraw from the contract and demand a refund for goods of proper quality. Consumer demand for refund paid for specified goods sum shall be satisfied within three calendar days from the date of return of the specified product.
By agreement with the seller user Exchange of goods of proper quality can be made when you receive a new item of similar brand (model, marking). The seller must immediately inform the consumer on the flow of new product similar brand (model, marking).
5. The consumer does not have the right to exchange the goods of proper quality, manufactured by his order.
6. the list of non-food products of good quality, which cannot be returned or exchanged for goods of a similar brand (model, marking) for the reasons mentioned in paragraph 1 of this article shall be approved by the authorized body.
 
Article 21. The right of the consumer to withdraw from the retail contracts of sale of goods, on the implementation of the work on the provision of services, the consumer may, without assigning any reason refuse to perform: 1) of the Treaty the retail sale of goods until delivery to the consumer, and in the case of preliminary payment-request the return of the amount of money the provisional payment, less the amount actually incurred by the seller of expenses related to the execution of the terms of the contract, unless otherwise provided by treaty;
2) of performance contracts for services at any time, subject to reimbursement of the actual costs incurred by the Executive, unless otherwise provided by the legislation of Turkmenistan.  
 
Article 22. Consumer rights when the goods (work, service) shortage of 1. The consumer if the goods (work, service) shortage caused by the fault of the seller, the manufacturer (performer), within the stipulated guarantee period (and if not available-within two years) has the right to: 1) gratuitous removal of product shortage or its replacement in case specified in part 2 of this article;
2) gratuitous redo work of homogeneous material of the same quality or service or reimbursement of expenditures to address shortcomings in the work, provided the service in-house or by third parties.
2. If, within fifteen calendar days after purchase, the consumer discovered flaw in it, he has the right to require delivery of substitute goods lack the goods similar brand (model, marking) in accordance with paragraph 1 part 1 article 23 of this law.   
3. the seller is liable for the goods with the disadvantage that is not a warranty period, within two years, if the consumer proves that arose prior to the handing over of the goods to the disadvantage of the consumer, or for reasons arising prior to that point.
4. In respect of the goods for which a warranty period, the seller is responsible for the lack of it, if it proves that it arose after the handing over of the goods to the consumer as a result of the breach of consumer rules of use, storage or transportation of goods, actions of third parties or force majeure.
5. the manufacturer must ensure the possibility of carrying out repairs and maintenance of goods during the lifetime of the product and after removing it from the production, as well as issue (supply) in the trade and repair organization of spare parts for the repair and maintenance of goods-during the lifetime of the product, and in the absence of a specified term is for a period of ten years from the day of handing over of the goods to the consumer.
After the warranty period and (or) the lifetime of the product (work) addressing shortage of goods (work) is the seller (executor), by an authorized person within the period stipulated in part 12 of this article. If the user does not have the right to claim set parts 13, 14 and 16 of this article.
6. it is not allowed to specify in advance the satisfaction of requirements of the customer about how lack of goods (work, service) made within the warranty period, conditions did not drawback related to goods (work, service).
7. at the request of the seller and for his account, the consumer shall return the goods.
8. the absence of a consumer of the document confirming the purchase of goods (works, services), is not a ground for refusing its demands.
9. the seller is obliged to accept a consumer product with a disadvantage, to conduct an audit of its quality and, if necessary, to inspect the goods.
10. For the examination of the goods the seller (performer) must within three calendar days involve the representatives of the service organization, carrying out repair or maintenance of goods (works, services) or individuals with relevant expertise and experience. In doing so, the consumer has the right to be present during the examination and in case of disagreement with the results of her appeal against the expert opinion in court.

11. If in the result of the examination of the goods (works, services) it is determined that the flaw in the product arose due to circumstances for which the seller, manufacturer (performer) is not liable to the user is obliged to compensate the seller, Executive Director, authorized person examination costs as well as costs associated with storing and transportation of the specified goods (works, services).
12. Lack of goods (work, service) must be removed by the seller (executor), by an authorized person within twenty calendar days from the date of application of the consumer.
13. In the event of a breach by the seller (executor), authorized person assigned part of the present article 12 flaws in the goods (work, service), the consumer shall be entitled to terminate the contract and demand the return of the price paid for the goods (work, service). At the same time, the seller (performer) must within three working days from the date of presentation of the claim, the consumer contract to return to the consumer paid for goods (work, service) a sum calculated in the case of rising prices for goods (work, service) on the basis of its price at the time of termination of the contract and, in the case of price reduction is based on the price of goods at the time of its purchase. If consumer demand not satisfied voluntarily by the seller (executor), calculations with the consumer shall be made on the basis of the prices of goods (works, services) at the time of the Court's decision. When you return the paid for goods (work, service) a monetary sum to the consumer, the seller (executor) is not entitled to withhold from it the amount: 1) which dropped the price of the goods (works, services) due to total or partial use of the goods (works, services);
2) due to the loss of goods (works, services) presentation.
In the event of a breach of statutory refund for goods (work, service) sum of the seller (executor), authorized person for each day of delay are obliged to pay a penalty equal to one percent of the price of goods (works, services).
14. With respect to durable goods seller, authorized person obliged upon presentation of consumer demands on the repair period specified product allow the consumer product, with the same basic consumer properties, delivering the goods at its own expense.
List of durables for which this requirement does not apply, shall be approved by the authorized body.
15. In case of goods return with a disadvantage, sold in loan, the consumer returns the goods paid for the monetary amount of the loan extinguished on the day of return specified goods and refunded the fee for granting the loan.
16. the seller (executor) with the consent of the consumer can, commensurate with the decrease the price of the goods (works, services) with the disadvantage and must refund the consumer the amount dropped the price of the goods (works, services), or to replace the goods (work, service). In the case of a claim of equal reduction of prices of goods (works, services) in the calculation of the price of the goods (works, services) at the time of presentation by consumer demands to reduce its prices or, if it has not satisfied at the time of the Court's decisions on the equal reduction of prices of goods (works, services).
The seller (executor) shall return that amount to the consumer within three working days from the date of return of the goods (works, services). In case of violation of the term of payment of an amount of money commensurate with the reduced prices of goods (works, services) seller (executor) shall for each day of delay to pay a penalty equal to one percent of the amount, commensurate with the reduced prices of goods (works, services).
17. In case of flaws in the goods (work, service) the warranty period for it to be extended for the period during which the goods (work, service) is not used. That period shall run from the date of circulation of the consumer demanding the Elimination of shortage of the product until the date that the goods (work) after the end of the repair. At the same time, the seller (executor), an authorized person must provide in writing to the consumer information on the date of the treatment the consumer demanding about how they found a lack of goods (work, service), the date of transfer of goods (works, services), the date of the flaws in the goods (work, service) with the description of the specified fault, used spare parts (parts, pieces), the date of issuance of the goods (works, services) to the consumer at the end of the flaws in it.
18. When addressing the shortage of goods (branch) by replacing the product or component part of a main product, that warranty periods are established on a new product or component part of a main product warranty period is set for the same duration as that of the zamenënnoe component product or integral part of the basic goods, unless otherwise provided by the contract. In this case, the warranty period is calculated from the date of issue of this product to the consumer upon completion of the repair.
 
Article 23. Consumer rights when it detects a significant shortage of goods (work, service)  

1. In case of a detection of a significant shortage of non-food goods (work, service) caused by the fault of the seller, the manufacturer (performer) within the prescribed guarantee period or lifetime user of his or her choice has the right to: 1) replace the goods with a significant disadvantage to the product of a similar brand (model, marking);
2) gratuitous redo work, provision of services;
3) avoidance of the contract and claiming refund for goods (work, service).
2. If a consumer bought the goods (work, service) with a significant disadvantage, manufacturer (performer) is responsible for the lack of specified during the entire service life of the goods (works, services).  
3. the seller is obliged to replace the goods with a significant disadvantage to the product of a similar brand (model, marking) on the day of the presentation of the relevant requirements of the customer. In the absence of the goods on sale at the time of presentation of the claim for replacement of consumer goods, the seller is obliged to replace the goods within ten calendar days from the date of presentation of the specified requirements. In case of impossibility of replacement goods within a specified period, the seller must refund the consumer the price paid for the product amount.
When you replace a product with a significant disadvantage to the product of a similar brand (model, marking) recalculation of the prices of goods are not accepted. With the consent of the consumer, the seller shall be entitled to replace the goods with a significant disadvantage to the product a different brand (model, marking). If the price of the goods to be replaced, lower prices of goods, provided in return, the consumer must pay the difference in price; If the price of the goods to be replaced is higher than the price of the goods provided in lieu of, the difference in prices paid to the consumer. The price of the goods to be determined at the time of replacement replacement and consumer demand is not satisfied with seller, price of the replaced goods and price goods instead passed are determined at the time of the Court's decision on replacement goods.
4. In case of goods return with a significant disadvantage, sold in credit calculation with the consumer shall be made in the manner provided by paragraph 15 of article 22 of this law.
5. In the case of gratuitous rerun work performer service must meet this requirement within the period prescribed by the consumer for immediate implementation work, provision of services, and if this deadline is not installed-with the consent of the consumer in accordance with the Treaty on the rerunning of work, provision of services. The contractor must perform the work free of charge, to provide service from the same materials that were previously provided by the consumer, and if the perpetrator has lost (damaged) fully or partially stuff (thing) consumer-replace it with a homogeneous material (thing) of similar quality, and in the absence of a homogeneous material (things) similar quality-refund the consumer double the price of the lost (corrupted) material (things), as well as the costs incurred by the consumer.
6. the price of the lost (corrupted) material (things) is determined on the basis of the prices of the material (things) that existed in the place where the consumer demand was to be met by the contractor in a voluntary day meet such requirements or on the day of judgment, if the demand was not met voluntarily by the user. When the consumer is obliged to return the previously passed him executor stuff (thing).
7. the executor shall not be liable for the total or partial loss (damage) of the material (things), taken from the consumer if the consumer was warned by the executor of special material properties (things) that may entail full or partial loss (damage) or if the properties of the material (stuff) could not be found when taking over the Executive of this material (things).
8. The consumer shall have the right to refuse execution of performance contracts for services, if they found a significant weakness in the work, provided the service. With the price partially or fully completed work, provided service returned to the consumer upon cancellation of contracts on the implementation work on the provision of services shall be determined in accordance with paragraph 13 of article 22 of this law.
9. the seller (executor), an authorized person when selling a consumer product with a significant disadvantage to the consumer shall be liable for the costs associated with the delivery of a specified commodity.
10. When you return to the consumer the amount of money paid for the goods (work, service) with a significant disadvantage the seller (executor) is not entitled to withhold from it the amount dropped the price of the goods (works, services) due to its use in whole or in part, the loss of presentation.
 
Article 24. Consumer rights when buying goods remotely 1. The consumer when buying goods remotely may, without assigning any reason to abandon the goods at any time before receiving it, but after getting within seven calendar days.

2. the seller when selling goods remotely must provide consumer information on basic consumer properties and characteristics of goods, address (location) of the seller, about the place of manufacture of the goods, the full name of the seller about the price and conditions of sale of the goods on delivery, shelf life, durability and warranty expiration, on the order of payment, as well as the time limit within which a proposal to conclude a contract for the retail sale of the product remotely.
3. at the time of delivery of the goods to the consumer must be informed in writing about the product, provided for by article 14 of this law, as well as information on the procedure and timetable for his return.
4. If the information required by part 3 of this article, was not provided, the consumer may terminate the contract, return the goods of proper quality and require a refund for the goods specified sum within three months from the date of purchase. Return of goods of good quality is possible if the saved presentation, consumer properties, as well as proof of purchase of the product. The absence of a consumer of the document does not deprive him of the possibility to rely on other evidence of purchase of goods from the seller, Executive Director.
5. In case of refusal of the consumer of the goods, the seller is obliged to return the sum paid by the consumer under the contract, except for the expenses of the seller for delivery of consumer goods returned no later than ten calendar days from the date of presentation of the corresponding consumer requirements.
6. When you purchase a product remotely, the consumer enjoys the rights established by this Law, unless otherwise provided by the legislation of Turkmenistan.
7. sale of goods remotely is carried out in accordance with the rules of the sale of goods remotely, approved by the notified body.
 
Article 25. User right to reparation (damage) caused his life, health, property or the environment, heredity Wednesday 1. Consumer, regardless it was a contractual relationship with the seller (executor) or not, has the right to reparation (damage) caused his life, health, property or the environment heredity, Wednesday, in the following cases: 1) disallowing the possibility of free choice of the goods (works, services);
2) failure to provide safety of goods (works, services) due to constructive, productive, prescription or other flaws in the goods (work, service), use of materials, equipment, tools and other items that may cause harm (harm) to the life, health, heredity, his property or consumer environment Wednesday, regardless of whether the permit level of scientific and technical knowledge to identify their hazardous properties and characteristics;
3) sales of goods (works, services) with a lack of or a significant disadvantage;
4) providing incomplete or misleading information about a product (work, service);
5) delays transfer of goods (works, services);
6) product reviews.
2. the seller, manufacturer, artist, the authorized person must, in the cases referred to in part 1 of this article shall reimburse damage (damage) caused to life, health, heredity, his property or consumer environment Wednesday, within 10 calendar days from the date of presentation of the relevant requirements.
3. Harm (harm) caused to life, health, heredity, his property or consumer environment Wednesday, is refundable by the seller, the manufacturer (performer), if it is interruption within a fixed expiration date, service life of the goods (work). If the deadlines are not set (loss) damage caused to life, health and heredity of the consumer, property and/or the environment Wednesday, non-refundable within ten years from the date of transfer of goods (works, services) to the consumer, and if the day of transfer of goods (works, services) cannot be determined,-the date of manufacture of the goods (work).
4. If the goods (work, service) service life or expiration date set, but the consumer was not informed of the necessary actions that he had taken after these periods, and the potential consequences of failing to observe the specified actions, harm (harm) caused to life, health, heredity, his property or consumer environment Wednesday, is refundable by the seller, the manufacturer (performer) regardless of the time thereof.
5. the seller, manufacturer (performer) are exempt from liability if it can prove that the damage (damage) caused to life, health, heredity, his property or consumer environment Wednesday, was caused due to the actions of third parties or force majeure or violations of established rules of consumer use, storage or transportation of goods (works, services).
6. User Requirements, established part of 1 of the present article shall be subject to the satisfaction of the seller, the manufacturer, contractor, within 10 calendar days from the date of presentation of the relevant requirements.
 
CHAPTER IV. FINAL PROVISIONS Article 26. Settlement of disputes disputes arising in the area of consumer protection, shall be settled in the manner prescribed by the legislation of Turkmenistan.
 

Article 27. Judicial protection of rights of consumers 1. In case of violation of the rights of consumers, the Court of claims are brought to the consumer's place of residence or the place of the injury (harm), unless otherwise prescribed by the legislation of Turkmenistan.
2. consumers of claims related to infringement of their rights, as well as the authorized body, other State bodies, public associations of consumers for claims for consumers (an indefinite range of consumers) are exempted from payment of the State fee.
 
Article 28. Liability for violation of this law persons guilty of violating this law bear responsibility stipulated by the legislation of Turkmenistan.
 
Article 29. Calculation of the periods established by this law 1. This statutory deadlines are determined by the calendar date or the expiration of the time period is calculated in years, months, weeks or days.
2. date calculated in years, months, weeks, expire in corresponding number last year, month or week of the term. If the end of a period calculated in months falls on the month in which there is no corresponding number, term of office expires on the last day of that month. In a period calculated in calendar weeks or days and non-working days are included.
3. If the last day of the period falls on a holiday, the day of the expiration is considered to be the first next working day, if otherwise not stipulated by the legislation of Turkmenistan.
 
Article 30. The entry into force of this law 1. This law shall enter into force on the day of its official publication.
2. the void: the law of Turkmenistan from October 1, 1993 "on protection of consumer rights" (records of the Mejlis of Turkmenistan, 1993, no. 9-10, art. 66);
The law of Turkmenistan on June 12, 1997 "on introducing changes and additions into the law of Turkmenistan" on protection of consumer rights "(records of the Mejlis of Turkmenistan, 1997, no. 2, art. 16);
The law of Turkmenistan on November 23, 1999 "on amending certain legislative acts of Turkmenistan" (records of the Mejlis of Turkmenistan, 1999, no. 4, p. 56);
The law of Turkmenistan on July 7, 2001 "on amendments and additions to certain legislative acts of Turkmenistan" (records of the Mejlis of Turkmenistan, 2001, no. 2, art. 22);
Part II of the Act of Turkmenistan on August 19, 2004 "on introduction of amendments to certain legislative acts of Turkmenistan" (records of the Mejlis of Turkmenistan, 2004, no. 4, p. 30);
Part VI of the Act of Turkmenistan on April 18, 2009 year amending, supplementing and repealing certain acts of Turkmenistan "(records of the Mejlis of Turkmenistan, 2009 г., no. 2, p. 33).
 
      Turkmen President Gurbanguly Berdimuhamedov mountains. November 8, 2014 year Ashgabat No. 140-V.