Citizens whose mobile phones have not passed verification can now demand from the seller a replacement of the device or reimbursement of expenses incurred to eliminate product defects. This was reported by Qazaqyia.kz citing Sputnik Kazakhstan.
According to the Ministry of Trade and Integration, in accordance with consumer protection legislation, subscriber devices of mobile communication that have not passed verification are now classified as goods of inadequate quality.
Under Article 15 of this law, a consumer who has purchased such a device has the right, at their choice, to demand: - a proportionate reduction in the purchase price; - free elimination of product defects; - reimbursement of their expenses for eliminating product defects; - replacement with a product of a similar brand (model, article); - replacement with the same product of a different brand (model, article) with a corresponding recalculation of the purchase price; - termination of the contract and return of the amount paid for the product.
However, the consumer can only make the above demands to the seller.
The law also introduced an additional requirement regarding the seller's obligations to ensure proper product quality. Now, when selling a subscriber device of mobile communication, the seller is obliged to provide the consumer with the identification code of this product to verify the verification status. The sale of a subscriber device of mobile communication that has not passed verification is prohibited.
The seller is obliged, before selling such a product, to check through the database of identification codes for the presence of restrictions or blocking of the corresponding identification codes of the subscriber device of mobile communication being sold. This requirement must also be observed when conducting electronic commerce.
Owners of electronic trading platforms are obliged to include in contracts concluded between the seller and the electronic trading platform the obligation of sellers to check, before selling subscriber devices of mobile communication, the presence of restrictions or blocking in the database of identification codes of the product, the ministry said.
According to current legislation, the seller is obliged, when selling a product, to issue a document confirming the fact of its purchase. Such a document may be a control (commodity) check issued in paper or electronic form, or a stub of a cash receipt order, a tear-off coupon, a duly executed technical passport, or another document containing the name of the product, its cost, date of purchase, information about the seller (manufacturer), the statement said.
Now the seller is obliged to indicate in such documents the identification codes of the subscriber device of mobile communication being sold.