Consumer right to exchange products to good quality products
1. A consumer, without giving any reason, has the right to exchange non-food products for new products of good quality of a similar brand (model, article) from the seller from whom the products were purchased, with the exception of products specified in parts 5 and 6 of this article.
2. The consumer has the right to exchange:
1) non-food products of bad quality - within fifteen calendar days, not counting the day of its purchase;
2) non-perishable (not requiring special or particular storage conditions) food products of good quality in undisturbed consumer packaging - within thirty-six hours from the date of its sale.
3. An exchange of products of good quality is carried out if the specified products were not in use, its presentation, consumer properties, seals, factory labels, as well as a document confirming payment of the products are preserved. The consumer’s lack of a document confirming payment for the products does not preclude him from invoking evidence.
4. If a new product of a similar brand (model, article) is not available for sale on the day the consumer contacts the seller, the consumer has the right to refuse to fulfill the contract and demand the return of the sum of money paid for the products of good quality. The consumer's demand for the return of the sum of money paid for the specified product is subject to satisfaction within three calendar days from the day the specified product is returned.
By agreement of the consumer with the seller, the exchange of products of good quality can be carried out upon receipt of a new product of a similar brand (model, article) for sale. The seller must immediately inform the consumer about the receipt of a new product of a similar brand (model, article) on sale.
5. The consumer does not have the right to exchange products of good quality, manufactured by his individual order.
6. The list of non-food products of good quality that are not subject to return or exchange for products of a similar brand (model, article) on the grounds specified in part 1 of this article is approved by the authorized body.
The consumer's right to compensation for harm (damage) caused to his life, health, heredity, property or the environment
1. The consumer, regardless of whether he was in a contractual relationship with the seller (contractor) or not, has the right to compensation for harm (damage) caused to his life, health, heredity, property or the environment, in the following cases:
1) failure to provide the possibility of free choice of products (work, services);
2) failure to ensure the safety of the products (work, services) due to constructive, production, prescription or other defects in the products (work, service), the use of materials, equipment, tools and other means that could cause harm (damage) to the life, health, heredity of the consumer, his property or the environment, regardless of whether the level of scientific and technical knowledge allowed to identify their dangerous properties and characteristics;
3) the sale of products (work, services) with a deficiency or a significant deficiency;
4) the provision of incomplete or inaccurate information about a product (work, service);
5) violation of the terms for the transfer of products (work, services);
6) recall of products.
2. The seller, manufacturer, contractor, authorized person is obliged, in the cases specified in paragraph 1 of this article, to compensate for harm (damage) caused to the life, health, heredity of the consumer, his property or the environment, within ten calendar days from the date of presentation of the relevant requirements.
3. Damage (damage) caused to the life, health, heredity of the consumer, his property or the environment shall be reimbursed by the seller, manufacturer (contractor), if it is caused within the specified shelf life, service life of the products (work). If the specified terms are not established, harm (damage) caused to the life, health, heredity of the consumer, his property or the environment shall be compensated within ten years from the date of transfer of the products (work, service) to the consumer, and if the day of transfer of the products (works, services) cannot be established - from the date of manufacture of the products (work).
4. In the event that a service life or expiration date has been established for a product (work, service), but the consumer has not been informed of the necessary actions that he should have taken after the specified periods expired, and the possible consequences if these actions were not performed, harm (damage) caused to the life, health, heredity of the consumer, his property or the environment, shall be reimbursed by the seller, manufacturer (contractor), regardless of the time it was caused.
5. The seller, manufacturer (contractor) shall be released from liability if they prove that the harm (damage) caused to the life, health, heredity of the consumer, his property or the environment occurred as a result of the action of third parties or force majeure or violation by the consumer of the rules of use, storage or transportation of goods (work, services).
6. Consumer requirements established by part 1 of this article shall be subject to satisfaction by the seller, manufacturer, contractor within ten calendar days from the date of presentation of the corresponding requirement.
You can learn more detailed information on consumer protection from the Law of Turkmenistan of November 8, 2014 No. 140-V “On Protection of Consumer Rights.”
