Question 1

What should I do if a seller refuses to refund a product of substandard quality?

Accepted Answer

Written Claim: Submit an official written claim to the seller demanding a refund or product replacement, enclosing copies of the receipt and warranty card. The seller must stamp or sign your copy to acknowledge receipt.
    
Expert Evaluation: If the seller claims that the defect was caused by your fault, they are legally obliged to organize an expert evaluation of the goods at their own expense. The consumer has the right to be present during the evaluation.
    
Appealing: If the claim is ignored or denied, file a complaint with the State Service for Food Safety and Consumer Protection or file a lawsuit in court (consumers are exempt from paying court fees).

Question 2

Within what timeframe can a defective product be returned?

Accepted Answer

A defective product can be returned or exchanged within the established warranty period (as indicated in the warranty card or product manual).

If no warranty period is specified by the manufacturer, by law it constitutes 2 years from the date of purchase (for footwear and apparel—from the start of the respective season; for construction objects—10 years).

Question 3

Can I return a non-defective product if it simply does not suit me?

Accepted Answer

Yes, within 14 days (excluding the day of purchase), provided that the product does not suit you in terms of shape, dimensions, style, color, or size.

Key Conditions: The product must be unused, and its merchantable condition, consumer properties, seals, labels, and the sales receipt (invoice) must be preserved. The product must not be included in the statutory list of goods exempt from return.

Question 4

What is a warranty period and who bears liability in case of a warranty defect?

Accepted Answer

The warranty period is the duration during which the manufacturer or seller guarantees the stable operation of the product and undertakes to remedy any defects free of charge.

Who is liable: The consumer has the right, at their own discretion, to raise claims (repair, replacement, or refund) either against the seller at the place of purchase or against the manufacturer or an authorized service center.

Question 5

Can a seller refuse to exchange a product by citing "non-returnable policies"?

Accepted Answer

Only if the item is explicitly included in the special list approved by the Cabinet of Ministers of Ukraine (e.g., medicines, hygiene items, perfumery, underwear, jewelry, children's toys, etc.).

If the item is not on this list, the seller’s reference to internal store policies stating "Goods are non-returnable" is unlawful.

Question 6

What should I do if an online store does not refund money for a returned item?

Accepted Answer

Upon termination of the contract, the money must be refunded to the consumer on the day of termination, or (by mutual agreement) no later than within 7 days.

Actions: Send a written demand to the registered legal or actual address of the seller (this information must be available on the website). If the funds are not returned, contact the State Service for Food Safety and Consumer Protection. Police forces are involved to identify "anonymous" online stores.

Question 7

What are the consumer rights for online purchases under the new law?

Accepted Answer

Consumer protection in the e-commerce sector has been significantly strengthened:

The right to complete and accessible information about the seller (name, address, licenses).
    
The right to terminate an electronic contract (cancel the purchase) within 14 days by simply notifying the seller.
    
Online stores are required to issue electronic receipts. A state-run "E-Buyer" Portal is being established, allowing buyers to verify the reliability of online sellers and file complaints with a single click.

Question 8

What is an "aggressive sale" and how can one protect against it?

Accepted Answer

Aggressive commercial practices involve selling goods or services using psychological pressure, threats, deception, or undue harassment, forcing a person to make a purchase they would not have made under normal circumstances (e.g., pushing loans during cosmetics or appliance presentations).

Protection: Such transactions are declared void by court. The consumer has the right to demand a refund and compensation for damages. Firmly refuse to sign documents on the spot and demand time to review them.

Question 9

How do I recover damages for substandard repairs or services?

Accepted Answer

If a contractor performs substandard repairs or provides poor services, the consumer has the right to demand: free remedy of defects, a price reduction, or re-performance of the work.

How to recover: Draft a bilateral act listing all the defects. Serve the contractor with a claim demanding compensation for damages (e.g., the cost of ruined construction materials). If the contractor refuses, commission an independent expert appraisal and file a lawsuit in court.

Question 10

What are the rights of financial service consumers if a bank breaches a contract?

Accepted Answer

Clients of banks or MFIs are protected by law and the regulator—the National Bank of Ukraine (NBU). In case of a breach of contract by a bank (unilateral change of interest rates, hidden fees), you have the right to:

Demand the cancellation of unlawful charges.
    
File a complaint directly with the bank's management.
    
If the bank fails to respond, submit a complaint to the National Bank of Ukraine (NBU) via a dedicated online form, which often resolves the dispute without going to court.

Question 11

Does consumer protection extend to medical and educational services?

Accepted Answer

Yes, it does. Recipients of paid medical services (in private clinics) and educational services (in private or state institutions on a contractual basis) qualify as consumers. They are entitled to full information, proper quality of service, safety, and compensation for material or moral damages in case of a breach of contract terms or service standards.

Question 12

What is the 3% daily penalty and when does it apply?

Accepted Answer

This statutory sanction is stipulated for breaching the deadlines for the performance of works or provision of services (e.g., delay in furniture manufacturing, late apartment renovation, etc.).

For each day (or hour, if specified in hours) of delay, the contractor shall pay the consumer a penalty amounting to 3% of the total cost of the work/service. This amount is recovered through a claim or judicial proceedings.

Question 13

Can I claim moral damages for a violation of consumer rights?

Accepted Answer

Yes, you can. A consumer is entitled to compensation for moral (non-material) damages if a substandard product or service caused mental suffering, led to a deterioration of health, or required significant effort to reorganize one's daily life. The amount of compensation is determined by the court based on submitted evidence (medical certificates, pharmacy receipts, etc.).

Question 14

Where can I file a complaint against a seller besides the court?

Accepted Answer

The primary body for out-of-court protection is the State Service of Ukraine on Food Safety and Consumer Protection (its territorial bodies). Complaints can also be submitted via the Government Hot Line (1545). For financial services, complaints are directed to the NBU, and for violations in the pharmaceutical trade—to the State Service on Medicines and Drugs Control.

Question 15

How does the effective Law No. 1023-XII differ from the new Law No. 3153-IX?

Accepted Answer

The new Law No. 3153-IX aims to harmonize Ukrainian legislation with EU law. The key differences include:

Digital Sphere: For the first time, consumer protection regarding the purchase of digital content, digital services, and smart goods is regulated in detail.
    
"E-Buyer" Portal: Implementation of a unified state system for the registration and verification of online stores.
    
Protection against Aggressive Marketing: Clearer criteria for defining and prohibiting unfair and aggressive commercial practices.
    
State Control: Enhanced powers for the State Service for Food Safety and Consumer Protection, including the right to block the websites of rogue online sellers.

Note: The new Law No. 3153-IX shall enter into force after the termination or cancellation of martial law.

Question 16

How does the initial consultation work and what documents should I bring?

Accepted Answer

The initial consultation involves a detailed review of your situation by an attorney. We assess the circumstances, determine exactly which consumer rights were violated, evaluate the prospects of an out-of-court settlement or litigation, and develop a clear strategy. You must bring along:

Passport and Tax ID (ITN).
    
Proof of payment: a fiscal receipt, sales receipt, transaction slip, or bank statement.
    
Warranty card or product manual.
    
Service or work agreement (if available).
    
Any written correspondence with the seller (copies of submitted claims, store responses, printed screenshots of customer support chats).

Service	Price
Oral consultation	Free of charge
Express analysis of the situation and documents (contract, receipt, warranty)	from $20
Written legal opinion / advice	from $25
Attorney's request to the seller / manufacturer / provider	from $30
Drafting a formal claim to the seller or service provider	from $40
Filing a complaint with the Derzhprodspozhyvsluzhba or consumer protection body	from $50
Drafting a statement of claim (lawsuit) for consumer rights protection	from $75
Legal representation in the court of first instance	from $200
Drafting an appellate brief (appeal)	from $125
Legal representation in the Court of Appeal	from $225
Drafting a cassation appeal to the Supreme Court	$225
Legal representation in the Supreme Court	from $325

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