Consumers rights in case of lack of conformity

адкм енг

The Law on Consumer Protection in the Republic of Macedonia determines the rights of consumers and their protection. Among other things, this law regulates the protection of consumer rights in case of a defective product sold.

In this sense, by definition, а consumer is any natural person who buys products or uses services by the trader for his own immediate consumption, while the product is a commodity or object regardless of the degree of its processing, intended to offer to consumers.

First, according to the Law on Consumer Protection, the trader must physically separate the products with a defect or error from the other products and at the same time clearly, visibly and legibly mark them with the inscription that they are products with a defect or error.

However, if the trader does not do the above and sells the defective product to the consumer, the consumer has the right to request:

  • free removal of product defects or reimbursement of costs incurred to eliminate the defect;
  • proportional reduction of the selling price;
  • replacement of the product with a suitable product with the same trademark, type, industrial design or designation of origin and geographical indication of the product;
  • replacement of the product with an appropriate product with another trademark, type, industrial design or designation of origin and geographical indication of the product with an appropriate reduction or increase in production price; and
  • termination of the contract, refund of the amount paid and compensation for the damage suffered.

The consumer has no right to request removal of the defects of the product, proportional reduction of the price, replacement of the product or return of the paid amount if the defect of the product is minimal.

The manufacturer is liable to the consumer for any damage caused by defects in his product, while the trader is liable for any conformity-related defects that existed at the time the products were delivered.

Consumer protection is very important because consumers need to be able to obtain accurate, unbiased information about the products and services they are purchasing. This allows them to make the best choice based on their interests and prevents them from being misled by traders. Consumer protection legislation helps to increase consumer welfare by providing reassurance that business entities can have responsibility.

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