Amendments to the Law on the Protection of Consumer Rights

On 18 January 2022 several amendments and additions were introduced (https://lex.uz/ru/docs/5828752) into the Law “On the protection of consumer rights” (hereinafter – the “Law” (https://lex.uz/docs/14643)) providing consumers broader rights and protections. The amended Law additionally regulates the protection of consumers who purchase goods in information systems and expands the powers of the Consumer Rights Protection Agency under the Antimonopoly Committee of the Republic of Uzbekistan. The Law now includes a detailed provision for returning and replacing the product; obliges the seller to have information about the product in Uzbek (description in other languages may be used in addition to the state language); restricts from changing the price on the same product depending on the form of payment.

More details on amendments per article are as follows:

Information about the manufacturer (performer, seller), rules of trade and service, as well as about the goods (works, services).

Such information shall be presented to the consumers in the national language. Moreover, the abovementioned information can be additionally provided in other languages. Information goods (works, services) can be provided to the consumers on the label, marking, technical documentation, or by other means. (Article 5 and Article 6 of the Law)

The information on goods (works, services) shall inter alia include:

• full name and location (legal address) of the Seller, as well as QR-code of licenses and permits. For imported goods - the name and location (legal address) of the Importer and Seller;
• product’s country of origin;

Payments for goods and services shall be in cash and non-cash forms. The Seller is prohibited from overpricing or underpricing the goods and services depending on the mode of payment. The Seller may provide incentives to the consumer for the payments made in a non-cash form. (Article 10)

Settlements with the consumer in the case of the sale of defective goods.

Upon termination of the contract on the sale of goods for credit, the Seller shall refund the money paid by consumers before the termination of the contract, including all costs directly related to the credit and the amount of accrued interest. Refunds of money paid by consumers are performed in the same form as the payment unless the contract provides otherwise. (Article 17)

 Consumer's claim for replacement or return of the goods shall be satisfied in the following cases (Article 18):

• the goods are not used;
• the goods are not damaged;
• the goods are returned with the package;
• consumer property of the goods is preserved;
• there are grounds to prove that the goods were purchased from the Seller.

The Seller shall cover all costs associated with the expertise of the product to the consumer or the state authorities if defects and its non-compliance with legal requirements are detected in the product. (Article 20)

Protection of consumer rights related to the sale of goods in the e-commerce

The Law expressly prohibits the inclusion in the contract of the terms that infringe the rights of consumers. The seller must provide consumers with benefits and advantages established by law. (Article 20) At the same time, the consumer in a contractual relationship with the seller (manufacturer, performer) has a pre-emptive right to satisfy his requirements provided for by law.

The Law regulates the sale of goods and establishes the rules for the conclusion and termination of the e-contracts on the sale of goods. The Seller must provide full information on the goods as required in Articles 5 and 6 of the Law. In addition, when terminating the e-contract, the seller must inform the consumer about the place where the goods will be returned.

When selling goods according to the sample and (or) its description, the seller is obliged to present the goods that correspond to the sample and (or) description, as well as to enable the consumer to check, upon acceptance of the goods, its completeness, suitability, and full safety. If the product does not match the sample and (or) description, the seller must notify the consumer in advance. In cases where the product does not match the sample and (or) description, the consumer has the right to demand its replacement or a refund. (Article 28¹)

Amendments made into Articles 5, 6, 20, and a new Article 28¹ will be in force after three months, i.e. from April 18, 2022.

Consumer Rights Protection Agency

Furthermore, the powers of the State Committee for the Promotion of Privatized Enterprises and Development of Competition and its territorial bodies were expanded and transferred to the Consumer Rights Protection Agency under the Antimonopoly Committee of the Republic of Uzbekistan (the Agency).

To protect the rights of consumers, the Agency:

• develops and implements a unified state policy in the field of consumer protection;
• coordinates the activities of state bodies and organizations in the field of consumer protection;
• interacts with civil society institutions and other organizations in the field of consumer protection;
• organizes the control purchase of goods (works, services) and their expertise in cooperation with the authorized state bodies.
• exercises inspections of business entities in the case of violations of consumer protection legislation;
• conducts an assessment of the regular impact of the draft legislation and adopted legislation on consumers;
• exercises state control over compliance with legislation on consumer protection;
• provides official explanations on the application of consumer protection legislation;
• requests the necessary documents, explanations, and other information about the Seller in case of violation of consumer protection legislation;
• sends an order to the Seller to eliminate defects that violate consumer rights;
• assists in the organization of pre-trial settlement of issues related to violations of consumer rights;
• participates in the courts as a specialist in the protection of consumer rights under the established procedure;
• has the right to appeal to the court to protect consumer rights (for an indefinite group of consumers). (Article 25)

With the updates introduced into the Law, the consumers now have a priority right to satisfy their legitimate claims both in offline and online commerce.