Most people, making daily purchases, as well as using different services, do not think at all about the fact that at the time of purchasing certain goods and services they become one of the parties to the transactions of retail sale. In this article, we will talk about consumer rights and interests. When concluding agreements with organizations for the performance of work and the provision of services, one always needs to remember about consumer rights in case of unforeseen disputes with the service provider. The consumer has a significant arsenal of opportunities to realize legitimate rights and interests. Relations with the seller in such cases are regulated by the Law “On Protection of Consumer Rights”.

What legal rights do consumers have?

1. the freedom to enter into contracts for the purchase of goods (the performance of work and the provision of services);
2. education in the field of consumer rights protection and the improvement of consumers’ legal awareness regarding the protection of their rights and legitimate interests;
3. the right to receive information about the product (work, service) as well as about the seller (manufacturer, service provider);
4. the right to acquire safe goods (work, services);
5. the freedom to choose goods (work, services);
6. the right to proper quality of goods (work, services);
7. the right to exchange or return goods of both proper and defective quality;
8. the right to full compensation for damages (harm) caused to their life, health, and/or property as a result of defects in goods (work, services);
9. the right to receive from the seller (manufacturer, service provider) a document confirming the purchase of goods (performance of work, provision of services), or the contract concluded when acquiring the goods (performing the work, receiving the service);
10. the right to make a claim to the organizer of games regarding the quality of goods (work, services) provided as a prize;
11. the right to form consumer associations;
12. the right to compensation for moral damage;
13. the right to the protection of their rights and legitimate interests;
14. the exercise of other rights provided for by this Law and other laws of the Republic of Kazakhstan.

Conditions that violate and (or) infringe on the rights of consumers when concluding a contract:

The seller (service provider, manufacturer) must not include in a contract with the consumer any terms that violate and/or infringe upon the consumer’s rights.

Terms that violate and/or infringe upon consumer rights when concluding a contract:

• exemption or unjustified limitation of the seller’s (service provider’s, manufacturer’s) liability in the event of harm to the consumer’s life, health, and/or property;
• exclusion or limitation of the consumer’s rights in the event of full or partial non-performance, or improper performance, of contractual obligations by the seller (service provider, manufacturer);
• imposition of obligations on the consumer for additional paid goods (work, services) unilaterally imposed by the seller (service provider, manufacturer);
• requirement for the consumer to pay an unreasonably large amount (over thirty percent of the cost of goods, services, or work) in the event of non-fulfillment of their contractual obligations, except for contracts for tourist services and contracts for the purchase of airline tickets at non-refundable fares;
• setting of prices for goods (work, services) when accepting payments by payment cards that exceed the price charged for cash payments;
• сonferring on the seller (service provider, manufacturer) the right to unilaterally modify and/or terminate the contract without adherence to the provisions of the Civil Code of the Republic of Kazakhstan governing the grounds and procedure for contract modification and termination;
• granting the seller (service provider, manufacturer) the right not to refund the payment for goods (services, work) not provided in the event of contract termination;
• allowing the seller (service provider, manufacturer) to increase the price without granting the consumer the right to terminate the contract;
• granting the seller (service provider, manufacturer) the right to determine the conformity of the goods with the terms of the contract or to interpret the contract;
• limiting the liability of the seller (service provider, manufacturer) for obligations undertaken by their representatives;
• imposing on the consumer the obligation to fulfill all obligations in the event that the seller (service provider, manufacturer) fails to perform their obligations;
• granting the seller (service provider, manufacturer) the right to assign their rights and obligations under the contract to a third party without complying with the provisions of the Civil Code of the Republic of Kazakhstan on the substitution of parties in an obligation;
• other conditions that violate or infringe upon the rights and legitimate interests of consumers as established by the civil legislation of the Republic of Kazakhstan.

If the application of contract terms that violate or infringe upon the consumer’s rights results in losses to the consumer, such losses shall be fully compensated by the party at fault.

The consumer has the right to compensation for losses caused by the seller (service provider, manufacturer) due to the latter’s abuse of their dominant position.

Any contract concluded between the seller (service provider, manufacturer) and the consumer for the sale of goods, performance of work, or provision of services must contain clearly formulated terms that are unambiguous and do not require specialized knowledge to be understood.

 

The contract of evaluation

The ground for evaluation shall be a contract for evaluation concluded between the appraiser or a legal entity with whom the appraiser has concluded an employment contract, and the customer in accordance with this Law and the civil legislation of the Republic of Kazakhstan.

            Under the contract for evaluation, the appraiser or a legal entity with whom the appraiser has concluded an employment contract shall be obliged to perform services on determining a market or other value of the appraisal object, and the customer shall be obliged to pay for these services.

The provisions of the Civil code of the Republic of Kazakhstan (Special part) on the contract for rendering paid services shall be applied to the contract for evaluation.

The contract for evaluation shall include:

1) details of the parties:

for an individual – name, surname, patronymic (if it is specified in the identity document), individual identification number, place of residence (postal address);

for a legal entity, including the one with whom the appraiser has concluded an employment contract – name, location (legal address), business identification number, bank details;

2) the name and (or) the location of the appraisal object, type of the appraisal object;

3) description of the appraisal object;

4) the date of determining the value of the appraisal object;

5) purpose of evaluation;

6) type of evaluation;

7) type of the determined value;

8) timing of evaluation;

9) an indication of the evaluation standard to be applied in the evaluation;

10) conditions, procedure and amount of payment for services rendered;

11) rights, duties and responsibilities of the parties;

12) requisites of the document confirming the right of ownership of the customer to the appraisal object, or other grounds, giving the customer the right to conclude a contract for evaluation;

13) requisites of the certificate on assignment of qualification “appraiser” (number and date of issue with indication of the chamber of appraisers which issued it);

14) the right of the customer to pre-trial regulation of issues on property responsibility of the appraiser or a legal entity with whom the appraiser has concluded an employment contract;

15) data on ensuring property responsibility of the appraiser or a legal entity with whom the appraiser has concluded an employment contract;

16) other conditions not provided for by this Law.

The result of the execution of the contract for the assessment shall be the assessment report.

The amount of payment for evaluation may not be expressed as a percentage of the determined value of the appraisal object.

The customer has the right:

1) to receive from the appraiser or legal entity with which the appraiser has concluded an employment contract, comprehensive information on the requirements of the legislation of the Republic of Kazakhstan concerning the assessment;

2) to get acquainted with the normative legal acts that are the basis of the evaluation report;

3) receive from the appraiser or the legal entity with which the appraiser has concluded an employment contract the necessary information on the approaches to evaluation and methods of evaluation;

4) refuse the services of an appraiser or a legal entity with which the appraiser entered into an employment contract, in case of violation of the terms of the contract for evaluation;

5) exercise other rights provided by this Law and other laws of the Republic of Kazakhstan.

The customer shall:

1) create conditions for the appraiser or a legal entity with whom the appraiser has concluded an employment contract for timely and qualitative evaluation in accordance with the contract for evaluation;

2) provide the appraiser or a legal entity with whom the appraiser has concluded an employment contract, the documentation necessary for evaluation, complete and accurate information, as well as provide the necessary clarifications, ensure the appraiser’s access to the appraisal object;

3) not interfere with the activities of the appraiser, if it negatively affects the accuracy of the evaluation;

4) send at the request of the appraiser or a legal entity with whom the appraiser has concluded an employment contract, a written request on its own behalf to the third parties to obtain the information necessary for the evaluation;

5) perform other duties provided by this Law and other laws of the Republic of Kazakhstan.