Article 8-1. Conditions that violate consumer rights at the conclusion of the contract The Law on Consumer Protection

Home / RLA / Article 8-1. Conditions that violate consumer rights at the conclusion of the contract The Law on Consumer Protection

1. The seller (contractor, manufacturer) must not include in the contract with the consumer conditions that violate and (or) infringe on the consumer's rights.

2. Conditions that violate and/or infringe on the rights of consumers when concluding a contract:

1) exemption or unjustified limitation of liability of the seller (contractor, manufacturer) in case of harm to the life, health and (or) property of the consumer;

2) exclusion or restriction of consumer rights in case of complete or partial non-fulfillment or improper fulfillment by the seller (contractor, manufacturer) of contractual obligations;

3) the establishment of consumer obligations for retaliatory goods (works, services) imposed additionally by the seller (contractor, manufacturer);

4) the establishment of a requirement for the consumer to pay a disproportionately large amount (over thirty percent of the cost of goods, services, work) in case of non-fulfillment of his obligations under the contract, with the exception of contracts for tourist services and contracts for the purchase of air tickets at non-refundable rates;

4-1) setting the price of goods (works, services) when accepting payments using payment cards, exceeding their sale price when paying in cash;

5) granting the seller (contractor, manufacturer) the right to unilaterally amend and (or) terminate the contract without complying with the norms of the Civil Code of the Republic of Kazakhstan on the grounds and procedure for amending and terminating the contract;

6) granting the seller (contractor, manufacturer) the right not to refund the amount of money paid for the undelivered goods (services, works) in case of termination of the contract;

7) giving the seller (contractor, manufacturer) the opportunity to increase the price without giving the consumer the right to terminate the contract;

8) granting the seller (contractor, manufacturer) the right to determine the conformity of the goods with the terms of the contract or granting him the right to interpret the contract;

9) limitation of liability of the seller (contractor, manufacturer) for obligations assumed by his representatives;

10) establishing the consumer's obligation to fulfill all obligations in the event that the seller (contractor, manufacturer) fails to fulfill its obligations;

11) granting the seller (performer, manufacturer) the right to transfer their rights and obligations under the contract to a third party without complying with the norms of the Civil Code of the Republic of Kazakhstan on the change of persons in the obligation;

12) other conditions that violate and/or infringe on the rights and legitimate interests of consumers defined by the civil legislation of the Republic of Kazakhstan.

3. If losses have been caused to the consumer as a result of the application of the terms of the contract that violate and (or) infringe on the consumer's rights, they must be reimbursed in full by the guilty person.

4. The consumer has the right to compensation for losses caused to him by the seller (performer, manufacturer) in connection with the latter's use of the advantages of his position.

5. Any contract concluded between the seller (contractor, manufacturer) and the consumer for the sale of goods, performance of works, provision of services must contain clearly formulated and non-ambiguous terms that do not require special knowledge for their understanding.

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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