This Law(Consumer Protection) determines the general legal, economic and social bases and the mechanism of equal regulation of the relations between the consumer and the producer, the seller and the executor, and also protection of the rights of consumers in the course of purchase, work and service in order to create equal conditions for consumers in the territory of the Azerbaijan Republic.
Article 7. Rights of the consumer when selling defective goods
1. If the consumer discovers a defect or falsification in the goods received during the warranty period specified in the contract or other rules, he has the right to demand from the seller or the manufacturer at his own discretion:
· Replace the required quality goods;
· Reduce the selling price by an appropriate amount;
· Elimination of defects in the goods at the expense of the executor (seller, consumer) or reimbursement of expenses incurred by the consumer or third parties for the elimination of defects;
· Replacement of the goods with goods of another model (brand, type, etc.) corresponding to that goods, subject to recalculation;
· Termination of the contract and compensation for damages.
2. The seller (executor) is obliged to take back from the consumer the goods which are not of necessary quality, and to fulfill one of the requirements of the consumer specified in the first paragraph of this Article.
· Return of large and heavy goods from the consumer to the seller (executor) and their replacement and re-delivery to the consumer is carried out at the expense of the seller (executor).
3. The consumer's request to change the goods must be fulfilled immediately if there are goods, if necessary, its quality must be checked within 14 days from the date of the relevant demand or changed within the period agreed between the parties.
· The consumer's request to change the goods must be paid within two months from the date of submission of the relevant application in the absence of goods.
· If it is not possible to change the goods within the specified period, the consumer may demand from the seller (manufacturer) other requirements provided for in the second, third, fourth and fifth paragraphs of the first paragraph of this Article.
4. If the price changes when the defective goods are replaced with goods of the required quality, the same model (brand, type, etc.), the consumer does not pay the price difference.
· When the price changes when the defective goods are replaced with goods of the required quality, the same characteristics, but of a different model (brand, type, etc.), the value of the goods is recalculated based on the prices in force at the time of purchase.
· In case of termination of the contract, settlements with the consumer are made taking into account the increase in prices of goods of the same grade in case of increase in prices, and in case of decrease in prices, based on the value at the time of purchase.
5. In case of sale of substandard food products to the consumer, if the substandard food is found during the shelf life of the goods, the seller must replace the goods with quality goods or return the amount of the value of the goods.
In such cases, settlements with the consumer shall be made in accordance with paragraph 4 of this article.
6. If the consumer demands free repair of the defect, the defect must be eliminated within 14 days or at another time with the consent of the parties. At the request of the consumer, the seller (executor) shall return it to the house free of charge for the period of repair or replacement of household appliances and vehicles. delivery) should give similar goods. In case of delay in repair (replacement), as well as fulfillment of the demand for delivery of similar goods for the period of elimination or replacement of defects (14 days), the seller (executor) simultaneously transfers the goods to the consumer in the amount of one percent of the sale price. pays the luxury money.
7. At the request of the consumer, a receipt, goods or cashier's check, and for goods with a warranty period are considered upon presentation of a technical passport or other document substituting it. When selling goods to the consumer, the seller must provide him with a receipt, goods, cashier's check or other written document. If the consumer loses the technical passport or other document replacing it, their restoration is solved in the order provided by the legislation.
8. The producer must reimburse the costs incurred by the seller to settle the consumer's claim to the goods.
9. Requirements established in the first paragraph of this Article for goods produced outside the Republic of Azerbaijan or received from intermediaries shall be paid at the expense of the seller.
10. If the seller, manufacturer (enterprises performing their functions) proves that the defects of the goods were caused by violation of the rules of use or storage by the consumer, actions of third parties or natural disaster, the requirements of this consumer shall not be met. The consumer has the right to participate in check of quality of the goods personally or through the representative.