With the start of a full-scale invasion, Ukrainian businesses faced many problems, writes Anticorrosive.
Almost all companies have reformatted their activities, adapting to new realities. Business has become more conscious and responsible, realizing how important its activities have become to support the state and its economic system. But, unfortunately, not all.
The network of stores “Yabko” carries out activities in the retail trade of household appliances and accessories with a systematic violation of the legislation of Ukraine. And in this article we analyze which ones.
1. Lack of a buyer’s corner and necessary documents
According to paragraph 10 of the “Procedure for the production of trading activities and the rules for trading services to the population”, approved by the Resolution of the Cabinet of Ministers of Ukraine on February 15, 2006 No. 833, business entities must ensure:
- Compliance of the premises (place) for carrying out activities in the field of trade and restaurant business with the requirements of regulatory documents for the storage, production and sale of relevant goods, as well as labor protection.
- The presence in a conspicuous and accessible place of the buyer’s corner, which contains information about the name of the owner or the body authorized by him, a book of reviews and offers, addresses and telephone numbers of bodies that ensure the protection of consumer rights.
- Placement of a trade patent, license in accordance with the requirements established by law.
- Sale of goods in accordance with established rules and regulations.
At the request of the consumer, the responsible employee of the enterprise must provide him with any of the above documents.
There are no customer corners in the premises of Yabko stores, and the store staff does not provide the above information at the request of customers.
2. Yabko: fiscal checks of unknown form
According to paragraph 22 of the “Procedure for the implementation of trading activities and the rules for trading services to the population”, approved by the Resolution of the Cabinet of Ministers of Ukraine on February 15, 2006 No. 833, payments for goods sold and services rendered can be made in cash and / or in a non-cash form. Together with the goods, the consumer is obligatorily issued a settlement document of the established form for the full amount of the transaction, certifying the fact of the purchase of the goods and / or the provision of the service.
The requirements for this document are clearly spelled out in paragraph 2 of Section II of the Order of the MFU dated January 21, 2016 No. 13 “On approval of the Regulations on the form and content of settlement documents / electronic settlement documents, the Procedure for reporting related to the use of accounting books for settlement transactions (settlement books), form No. ZVR-1 of the Report on the use of accounting books for settlement transactions (settlement books).
In the network of stores “Yabko” the sale of goods occurs on “checks” of an unspecified form that do not contain information provided for by the legislation of Ukraine.
Their payment documents issued to buyers when purchasing goods, among other things, lack the name of the seller of the goods and its tax number, and the available QR code, instead of information about the settlement transaction, redirects the consumer to a survey.
After purchasing the goods under such a settlement document, the buyer of Yabko remains unknown even the official name of the seller, which makes it impossible to protect their rights and legitimate interests in accordance with the Law of Ukraine “On Protection of Consumer Rights”.
3. Lack of necessary labeling of goods
The Constitution of Ukraine guarantees the right of free access to information, in particular about the quality of food products and household items. Such information cannot be classified by anyone (part two of Article 50 of the Basic Law).
The consumer’s right to information about products is enshrined in Art. 15 of the Law “On Protection of Consumer Rights”. In accordance with this article of the Law, the consumer has the right to receive the necessary, accessible, reliable and timely information about the product, ensuring the possibility of its conscious and competent choice. Information must be provided to the consumer prior to purchasing goods or ordering work (services). The information provided for in paragraph 1 of this article is communicated to consumers by the manufacturer (executor, seller) in the accompanying documentation attached to the product, on the label, as well as in the labeling or in another way (in an accessible visual form) adopted for certain types of products or in certain service areas.
Goods sold by the Yabko chain do not contain labeling prescribed by law that violates a number of consumer rights.
4. Yabko: Customs Violation and Dumping
The Customs Code of Ukraine provides for customs payments, namely: customs duty and value added tax on goods (products) imported into the customs territory of Ukraine that are not paid by the entity importing commercial goods into the territory of Ukraine outside customs control.
These facts indicate that Yabko sells products that did not pass customs control and customs clearance, therefore, compared with the prices of similar products from other sellers, the cost of Apple, Samsung, etc. products. is significantly different.
We hope that the above information will be enough for the relevant authorities to pay attention to the activities of the Yabko network and conduct an audit, which with a high degree of probability will reveal more hidden shortcomings and violations. And for consumers, this information will be a significant reason to think about whether it is worth the risk and become their buyers.
In the state, which is now being rebuilt with titanic efforts and blood, there should be no place for irresponsible business!