Article 15. The right of consumers in case of sale of goods of inadequate quality The Law on Consumer Protection

Home / Laws / Article 15. The right of consumers in case of sale of goods of inadequate quality The Law on Consumer Protection

1. A consumer to whom a product of inadequate quality has been sold, if its defects were not disclosed by the seller, has the right, at their discretion, to demand:

1) a proportionate reduction in the purchase price;

2) the free elimination of the product’s defects.

In the event that the seller of a product of inadequate quality is not its manufacturer, the claims specified in subparagraphs 2), 4) and 5) of this clause may be made, at the buyer’s discretion, either against the seller or against the manufacturer, unless otherwise provided for in part three of this subclause;

A consumer to whom a non‑verified mobile subscriber device has been sold may make the claims established in subparagraphs 1)–6) of part one of this clause exclusively against the seller;

3) compensation for their expenses incurred to eliminate the product’s defects;

4) replacement with a product of the same brand (model, article number);

5) replacement with the same product of a different brand (model, article number) with a corresponding recalculation of the purchase price;

6) termination of the contract and refund of the amount paid for the product.

The consumer retains the right to compensation for the damages incurred, regardless of the claim they choose, as specified in subparagraphs 1)–6) of part one of this clause.

1-1. With respect to a technically complex product and its component, the consumer has the right to demand replacement with a product of a similar brand (model, article) or replacement with the same product of another brand (model, article) with a corresponding recalculation of the purchase price, or termination of the contract and refund of the money paid for the product only in case of a significant shortage of technically complex goods.

In other cases, with a technically complex product, the consumer has the right to demand gratuitous elimination of defects in the product or a proportionate reduction in the purchase price with appropriate recalculation of the difference.

2. The consumer has the right to present the requirements specified in paragraphs 1 and 1-1 of this article at the place of purchase of the goods, unless otherwise provided by the contract.

3. The consumer has the right to make the claims established by paragraphs 1 and 1-1 of this Article, provided that they are found within the time limits established by this Law.

The Law of the Republic of Kazakhstan dated May 4, 2010 No. 274-IV.

This Law defines the legal, economic and social foundations of consumer protection, as well as measures to provide consumers with safe and high-quality goods (works, services).

President

Republic of Kazakhstan

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