Sellers and buyers in Russia and in foreign countries

A difficult problem in consumer law is deciding who is responsible when goods are lost in delivery or delivered late. If no express agreement has been made about this, the Sale of Goods Act provides complicated rules. In general, the buyer has no responsibility until the time he takes possession of the goods. If goods arrive late he may be able to discharge the contract (refuse delivery) if he

can show that time was of the essence (of vital importance). Sometimes this is implied by the nature of the transaction – for example, a contract to deliver fresh food or newspapers. In other cases, the consumer may make time of the essence by specifying a time for delivery.

Another difficult problem is that of exemptionclauses. These are warnings to the consumer by the supplier that no responsibility will be accepted in the case of loss, damage or injury. For example, dry-cleaning businesses often have notices on a wall or on the back of tickets refusing responsibility for damage to clothes. Sports clubs warn that they are not liable if members injure themselves using their equipment.

The law about exemption clauses varies from country to country, but in general it is important for the consumer to know that not all such clauses are valid. In Britain and the US, for example, a party trying to avoid responsibility must show that the exemption clause was part of the contract with the customer and that it covered the problem in question. The clause is more likely to be part of the contract if it is and a document signed by the customer or was written in a place all customers could read it.

Responsibility for loss or damage or loss can only be avoided if this would be deemed reasonable.

One of the fastest-growing areas of consumer law is productliability – responsibility for damage or injury caused by faulty goods. During the 1960s, a series of cases in the US established the principle that consumers need only to show damage, effect, and a relation between the two.

In Japan, consumers still have to prove not only that there was a defect leading to damage, but that this was a result of the producer's clear negligence. Consumers complain that it is extremely difficult for them to win cases, partly because rules of technological secrets allow companies to withhold important information about products.

Another problem manufacturers now have to worry about is what to do when someone threatens to put poison or glass or some other harmful substance in a product to be consumed by the public. In Japan, organized crime associations and individual employees have often used such threats in order to get money from a company. Even when the company could find evidence of the threat having been carried out, it has usually decided to pay the money rather than take the risk of losing its sales.

In the US the Food and Drug Administration has laid down guidelines for companies depending on the likelihood of harm to the public.

One of the difficulties for governments when they make consumer legislation is to balance the interest of the consumer against those of the producer. In Britain, food shoppers sometimes complain that they are underprotected because their interests are looked after by the same government ministry that looks after the interests of the farming and fishing industry. On the other hand, in the last 25 years, the government has passed legislation about description of goods, consumer credit, unsafe goods, and many other things in addition to the laws mentioned above. Citizen's Active Bureaus give free advice not only about products but also about welfare benefits, health services, educational and other public services. There is a danger that consumer law is becoming so broad it is difficult to define what it is.

The law and consumers in Russia

The relations arising between consumers and sellers (manufacturers) at a revolution of the goods, rendering of services the law «About protection of the rights of consumers» adjusts. He establishes rights of consumers on purchase of the goods (services) of appropriate quality, safe for a life, health, an environment. The law establishes rights of consumers on reception of the information on the goods (services) and about manufacturers. Establishes the state and public protection of interests of consumers. The given statutory act defines the mechanism of realization of the specified rights.

According to this law, the consumer – the citizen having intention to order or get the goods only for personal, family needs. The seller – the organization irrespective of its legal form, and also the businessman who realizes the goods to consumers under the contract of sale and purchase.

Besides relations in the field of protection of the rights of consumers are adjusted by the Civil code of the Russian Federation.

The state control and supervision of observance of the laws regulating the relations in the field of protection of the rights of consumers are carried out by the authorized federal enforcement authority.

Citizens have the right to be united on a voluntary basis in public associations of consumers (association, the unions), which carry out the activity according to charters of the specified associations (associations, the unions) and the legislation of the Russian Federation.

The consumer

The legislation of the Russian Federation provides a lot of the norms protecting interests of fair consumers. Among the basic it is possible to name what are resulted below.

The consumer has the right that the goods (service) under usual conditions of his use, storages were safe for a life, health of the consumer. Requirements which should provide safety of the goods (service) are obligatory.

One important fact, according to the law, that absence at the consumer of the cash or commodity check or other document, certifying the fact and conditions of purchase of the goods, is not the basis for refusal in satisfaction of his requirements is.

Often occurs so, that, having bought what – or an article of food, already at home consumer is not pleasant. What in such situation to do? It is resolved with norm of the law which says, that the consumer has the right to exchange these goods at the seller if he has not approached under the form, to a coloring, the size. The given exchange is made within 14 days, not considering day of its purchase.

It is necessary to tell, that as the goods can serve not only a thing. The goods are also service. Here as the seller the executor acts. In this sphere of commodity circulation the law also protects interests of consumers.

Besides the consumer has the right to demand the full indemnification of the losses caused to him in connection with infringement of terms of rendering of service. Losses are compensated in time, established for satisfaction of corresponding requirements of the consumer.

The consumer has the right to refuse execution of the contract about performance of works (rendering of services) at any time under condition of payment to the executor of the charges actually suffered by him connected to execution of obligations under the given contract.

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