The consumer can freely choose the goods (work, service) and its manufacturer, executor and seller, demand that the goods or services he gets are of the required quality, that the goods (work or services) he buys are safe, necessary and correct about the goods (work and services) to obtain information, to demand compensation for the damage caused by the goods (work, service), to protect their rights and legal interests to the competent state bodies (Antimonopoly and Consumer Market Control State Service under the Ministry of Economy, Food Safety Agency, Ministry of Health, Central Bank, Digital Development and the Ministry of Transport), have the right to apply to court and join public organizations (consumers' union).
All the goods for sale must have a properly prepared price sheet, indicating the name, type and price of the goods, and the signature of the person responsible for the price (or the seal of the organization) and the date of its filling must be on the back of the price sheet. If the name, weight and type of goods are indicated in the packaging material (box), only the value of the unit of goods (unit price) should be indicated on the price tag.
The price of the goods of interest to the seller and the consumer, consumption properties (in relation to food products, also the composition, shelf life, energy value, and the requirements of technical regulatory legal acts in the field of food safety of substances harmful to health), conditions of acquisition, guarantee obligations and making claims, the goods is obliged to provide necessary and correct information to the consumer about the methods and rules of operation, maintenance and safe use. The consumer has the right to cancel the contract if false information or incomplete information about the sold goods caused the consumer to purchase or use the goods that do not have the necessary properties.
If the consumer discovers any defect or falsification in the product during the warranty period of the purchased product, the seller or the manufacturer can change the product to another product of the required quality, reduce the selling price by an appropriate amount, eliminate the product defects at the expense of the seller (manufacturer), or eliminate the defects. has the right to demand compensation for the costs incurred by the consumer or third parties, to replace the product with another model (branded, type, etc.) according to the product, with the condition of recalculation of the value, or to cancel the contract and pay for the damage incurred. The seller (executor) is obliged to take back the goods that do not have the required quality from the consumer and fulfill one of the stated requirements of the consumer.
The warranty period is the period of time during which the product is guaranteed to function normally during the period specified by the manufacturer or seller. If the warranty period has not been determined by the seller or manufacturer, the consumer has the right to make claims against the seller (manufacturer) about the detected defects within 2 years from the day of receiving the product or a longer period specified by the contract.
The consumer has the right to exchange the product for another product of the required quality within 14 days, not counting the day of purchase. If the good quality goods purchased by the consumer have not been used and their appearance, consumer properties, seal, label, as well as the goods or cash receipt or other documents provided with the goods have been preserved, they can be changed. If at the time of exchange, there is no suitable product on sale, the consumer has the right to purchase any other product by recalculating the cost, or to withdraw money in the amount of the value of the returned product, or to exchange it as soon as the product suitable for sale is available.
The courts protect the rights of consumers provided for by the legislation. In addition to fulfilling the consumer's demands, the court also decides on the payment of the moral (non-property) damage caused to him. It should be noted that consumers are exempted from paying the state fee for claims of violation of their rights.
According to the current legislation, the term "defective goods" means non-conformity of the goods to the requirements of regulatory documents, contract terms, the information provided by the executor or seller about the goods, as well as the purpose for which the goods are usually used or the purpose that the consumer informs the seller, and the description and sample during the sale of goods according to the description and sample. . Also, which makes it impossible or inadmissible to use the goods according to its intended purpose, which cannot be eliminated for the consumer, which cannot be eliminated without disproportionate costs or spending time, which makes the goods (work, service) look different from what is provided for in the contract, or A defect that reappears after elimination is considered a significant defect. If a defect or a significant defect is detected in the goods, the consumer can make the demands specified in the legislation against the seller (producer).
If the purchase contract does not provide for a separate rule, the seller is obliged to hand over the item to the buyer at the same time as its equipment, as well as the documents provided for in the legislation or the contract related to the item (technical passport, quality certificate, operating instructions, etc.). The seller undertakes to ensure that the quality of the goods is at the level specified in the technical documents and standards. The seller (producer, executive) must provide the consumer with goods whose quality is in accordance with regulatory documents, contract conditions, and also information provided by the manufacturer (executor) about the goods (work, service). At the request of the consumer, the seller (executor) is obliged to provide him with documents confirming the origin, quality and safety of the goods.
In the current legislation, one of the main rights of the consumer is the right to exchange goods of the required quality. However, we should know that gold and gold products, products made of precious and semi-precious metals, stones, all kinds of fabrics and sizes (ribbons, towels, borders), perfumery-cosmetic goods, Kindergarten and newborn underwear, household chemical products, personal hygiene items (toothbrushes, combs, hair curlers, etc.), men's, women's and children's swimwear, children's toys, used with the exception of manufacturing defects, without tags Men's, women's and children's socks, underwear, plastic products for food, food products that have been paid for and removed from the store (within the shelf life) are considered non-exchangeable goods. The products in question can only be exchanged and returned in accordance with the requirements of the law if they are defective.
First, if the consumer discovers a defect or falsification of the goods purchased during the warranty period specified in the legislation or the contract, he has the right to demand from the seller or manufacturer to replace the goods with other goods of the required quality. The seller (executor) is obliged to take back the goods that do not have the required quality from the consumer and to fulfill one of the stated requirements of the consumer. Secondly, the price of the goods (work, service) that the seller (executor) is interested in for the consumer, consumer properties (in the case of food products, as well as the composition, shelf life, energy value, requirements of technical normative legal acts in the field of food safety of substances harmful to health), must provide necessary and correct information to the consumer about the terms and conditions of making, guarantee obligations and making claims, the methods and rules of operation, storage and safe use of the goods. The consumer has the right to return the goods if the incomplete provision of such information has caused the consumer to purchase goods (work, services) that do not have the necessary properties. Thirdly, if a non-food product of the required quality does not suit the consumer due to its shape, size, style, color or cannot be used for its purpose due to other reasons, the consumer has the right to exchange it for a suitable product within 14 days. At this time, if there is no suitable product in the sale, the consumer has the right to return that product.
The rights of the consumer who buys products electronically (online) and the rights of the consumer who buys goods in the traditional way are equal. When buying goods electronically (online), no restrictions can be placed on consumer rights. Therefore, it is possible to change or return the product purchased electronically (online) in the cases and in the manner provided by the legislation.
It is necessary to strictly comply with the requirements of the legislation, regardless of the form in which the goods are purchased or presented to the consumer. Before accepting the goods from the seller, consumers should check them and ask the seller for the necessary documents related to the goods (receipt, goods or cashier's check, and for goods with a warranty period, a technical passport or another document that replaces it). When buying goods (work, service) online, in order not to be deceived, to be insured against risky situations and not to allow your rights to be violated, first of all, the seller must provide the name and address, internet and e-mail address, telephone number, VAT number, as well as the price of the goods (work, service), etc. . it is necessary to pay attention to whether the information about it is given to the consumer, and one should refrain from buying goods from a seller who does not provide such information.
If the executor does not start the execution of the contract for work and service provision on time, or if his slow work indicates that the work is not completed on time, the consumer has the right to refuse the contract and demand compensation for the damage. At the same time, if the works (services) significantly deviate from the terms of the contract, or if there are other important defects, if the consumer gives the executor an additional time to eliminate those defects, and if the work (service) is not performed during this period, to demand the cancellation of the contract and compensation for the damage and or has the right to entrust the elimination of defects to third parties at the executor's expense. Also, if the executor deviates from the terms of the contract, has deteriorated the work (service), or has caused other defects in the work (service), according to the consumer's request, the specified defects must be eliminated at the expense of the executor without compensation within the appropriate period of time, or the work incurred while eliminating the defects of the work (service) with his own funds. has the right to demand the payment of necessary expenses or the corresponding reduction of the fee for the work (service).
The consumer's appeal to the administrative body does not limit his right to appeal to the court. The consumer may apply to both the administrative body and the court at the same time regarding the violation of consumer rights. It should be noted that the administrative body determines whether consumer rights have been violated by the seller (producer, executive) at the consumer's request. If the fact of violation of the consumer's rights is discovered, it takes the measures provided for in the legislation and ensures the protection of the consumers' rights. Courts protect the rights of consumers and compensate them for damages. Consumers are exempted from paying the state fee for claims of violation of their rights.
The purchase and sale of water, gas and electricity is carried out on the basis of contracts concluded between suppliers and consumers directly. Since third parties, including the owners of the buildings, or the persons carrying out the management (farming societies, housing cooperatives, joint societies of apartment owners, etc.) are not involved in the conclusion of those contracts, in the relations that arise regarding their water, gas and electricity supply should be excluded from being considered a party.
Also, the provision of meters for the use of water, gas and electricity to consumers who are natural persons, their installation and replacement are provided at the expense of the supplier enterprises, respectively, and from them the supplier enterprise or There is no provision for demanding the value of the meters by the owners of the buildings, including those who carry out the management. or by applying to "ASAN Kommunal" centers.
Due to the COVID-19 pandemic, passengers who bought tickets for the canceled flights of "Azerbaijan Airlines" and "Buta Airways" airlines can be reassigned to special flights of the air carriers that are currently being performed, or a document in the form of a voucher is offered as an alternative to the refund of the cost of the air ticket. This voucher can be used within two years from the date of purchase of the original air ticket.
According to Article 13, Clause 12 of the Law of the Republic of Azerbaijan "On Gas Supply", construction and installation works for gas supply in areas where territorial planning has not been carried out, from the design and construction facilities to the point of connection to the gas distribution network, by the contractor or gas distributor chosen by the consumer, are the funds of the consumer, and are a state order. in this case, it is carried out at the expense of the state. Also, the list of licensed contractors is posted on the official websites of the State Service, "Azerishiq" OJSC, and "ASAN service".
The regulations do not provide for the mandatory participation of the consumer who is a household subscriber during the replacement of the electricity meter.
Due to the debt incurred at one address, the water supply to another apartment or object that does not have a debt belonging to the consumer may be stopped until the debt is paid in full.
A dominant position is an exceptional situation of an economic entity that allows it to exert a decisive influence on competition based on the superiority of its economic potential. Market entities whose share in the relevant commodity market exceeds 35% or exceeds other thresholds established by legislation are considered to be in a dominant position.
Monopoly is the activity of economic entities, executive power and management bodies aimed at preventing competition, limiting it or eliminating it. Monopolistic activities include manipulation of prices by market subjects, refusal to sell or buy products in order to create discrimination between economic subjects in the absence of alternative sellers and buyers of the product, creation of closed sales networks, discrimination in concluding contracts and other actions prohibited by legislation. can
In order to prevent business entities from abusing their dominant positions or actions that limit competition, an appropriate opinion should be obtained from the Service in accordance with the law.
It is a normative document intended for repeated and general use, defining norms, rules and recommendations for the goods (work, service), the process related to it (including the management system) and production methods, the implementation of which is voluntary.
State bodies (institutions), individuals and legal entities can obtain official editions of standards from the State Fund for Standardization in paper form or online from the Institute's official website based on contracts concluded with the public legal entity "Azerbaijan Standardization Institute" under the State Service.
A certificate of conformity is a document of a certain form that confirms the conformity of the product (work, service), the process related to it (including the management system), and the production method to the requirements specified in the standards.
In order to obtain a certificate of conformity, the customer can apply to any conformity assessment institution accredited in the relevant field in accordance with the Law of the Republic of Azerbaijan "On Accreditation in the Field of Conformity Assessment". Interested persons can obtain information about these institutions from the website of the public legal entity "Azerbaijan Accreditation Center" under the State Service.
If it is determined that the product (work, service), the process related to it (including the management system), the production method does not comply with the requirements of normative documents on standardization, a decision is made to suspend the validity of the certificate of conformity.
The type of measurements related to the state regulation of ensuring the uniformity of measurements must be performed using certified measurement methods (methods) (except for the measurement methods (methods) intended for performing direct measurements) using approved and verified measurement tools.
According to Article 2 of the Law of the Republic of Azerbaijan No. 686-IVQ dated June 3, 2013 "On Ensuring the Unity of Measurements", the areas covered by the state regulation of ensuring the unity of measurements (health care, plant protection and quarantine, implementation of agrochemical measures, veterinary medicine, environmental protection, labor protection, etc.) are defined.
A measuring tool is a technical tool used to perform a measurement.
In the area related to the state regulation of ensuring the uniformity of measurements, measuring instruments are used that ensure compliance with the mandatory requirements for ensuring the uniformity of measurements, including mandatory metrological and technical requirements for measuring instruments, which have been type-approved and checked.
Approval of the type of standard samples or measuring instruments is carried out by the Antimonopoly and Consumer Market Control State Service under the Ministry of Economy of the Republic of Azerbaijan based on the requests of state institutions, individuals and legal entities.
Inspection of measuring instruments is carried out by accredited conformity assessment institutions in the manner determined by the Law of the Republic of Azerbaijan "On Accreditation in the Field of Conformity Assessment" based on requests from customers. Information about conformity assessment institutions is posted on the official website of "Azerbaijan Accreditation Center" PHS. (https://accreditation.gov.az/az/database/personnel-certification-organization).
The certificate of origin is a document issued by the competent authority of the exporting country and confirms the country of origin. The country of origin of the goods is determined in order to ensure the implementation of tariff and non-tariff indicators on the goods brought to the customs territory of the Republic of Azerbaijan and exported from this territory. Obtaining a certificate of origin enables entrepreneurs to pay import customs duties under preferential terms in the importing country during the export of goods.
According to Article 6.1 of the Law of the Republic of Azerbaijan "On Advertising":
when a comparison is made between the quality and quantity indicators of the goods of other producers performing the same functions as the advertised goods by mentioning the names of other market participants or showing the goods;
when the honor and dignity, business reputation of the market competitor is belittled by various means; and when it is confusingly similar to the goods of the sellers;
when the information about the negative impact of the advertised goods on health and the environment is deliberately hidden;
According to Article 6.2 of the Law of the Republic of Azerbaijan "On Advertising", unfair advertising is not allowed.
Advertising materials (copies), as well as changes made to them, contracts for the production, placement and broadcasting of advertising must be kept by the advertiser, advertising creator, advertising producer, advertising agent and advertising distributor for at least one year from the last publication of the advertisement or the date of the end of the contract period.
Source: Article 18 of the Law of the Republic of Azerbaijan "On Advertising".
In order to gain additional advantage in the market, market entities with a dominant position create artificial barriers to market entry, use their market power to influence the activities of other market participants, manipulate prices, discriminate in the sale of goods and services they offer, and limit competition vertically and horizontally. creating integrations, allowing a closed sales network and other cases are considered cases that restrict competition.
