Refund for goods with defects: buyer's rights in Kazakhstan

The buyer discovers a defect after the purchase: the item has broken, does not work or does not match the description. The seller offers a repair, a replacement or refuses altogether, citing the shop's rules. In such a situation it is important to understand which claims the law allows and in what form.

The article covers when the right to a refund for goods arises, which goods are excluded from this rule, what the 14-day period means and how to act with a distance purchase. It separately considers refusal by the seller, filing a claim and the situation with goods bought on credit.

Refund for goods with defects: when the law is on the buyer's side

Under the Law of the Republic of Kazakhstan on Consumer Protection, the buyer has the right to withdraw from the contract and demand a refund of the amount paid if defects are found in the goods and the seller has not proved that they arose through the buyer's fault. A substantial defect is one that cannot be remedied without disproportionate expense and time, or that reappears after repair. For a non-substantial defect, the law gives the seller the opportunity to first repair or replace the goods.

For technically complex goods, the list of which is approved by the government of the Republic of Kazakhstan, withdrawal from the contract is possible in the case of a substantial defect, breach of the repair deadline, or the impossibility of using the goods for more than thirty days in each year of the warranty period. For other goods, any defect identified within the warranty or a reasonable period is sufficient.

• A substantial defect that cannot be remedied without disproportionate expense and time.
• A defect that reappears after it has been remedied.
• Breach of the deadline for free-of-charge remedy of the defect.
• The impossibility of using technically complex goods for more than thirty days in each year of the warranty period.

Law on Consumer Protection: returning goods and money in Kazakhstan

The buyer relies on the Law of the Republic of Kazakhstan on Consumer Protection: it gives the right to return goods with defects not agreed by the seller, regardless of whether the goods are described as under warranty. The Civil Code of the Republic of Kazakhstan, in its articles on sale and purchase, establishes the seller's duty to deliver goods of proper quality and to be liable for defects.

A contract does not cancel statutory rights. A term that worsens the buyer's position is void. If the return period in the contract is shorter than the statutory one, the law applies. A return is possible not only for a substantial defect but also for an ordinary one if it prevents use.

• Article 30 of the Law of the Republic of Kazakhstan on Consumer Protection — the seller's duties to replace goods and refund money where there are defects.
• Article 406 of the Civil Code of the Republic of Kazakhstan — the seller's duty to deliver goods of proper quality.
• Article 422 of the Civil Code of the Republic of Kazakhstan — the consequences of delivering goods with defects.
• Article 10 of the Law of the Republic of Kazakhstan on Protection of Consumer Rights — the right to information about a product.
• Contract terms that worsen the buyer's rights are void by operation of law.

The contract is valid only to the extent that it does not contradict the law and the Civil Code of the Republic of Kazakhstan.

Refund for goods of inadequate quality and the buyer's rights

A defect in goods is a mismatch between the quality and the terms of the contract, the requirements of Kazakhstan law or the buyer's ordinary expectations: a manufacturing defect, a latent fault, incomplete components, or a mismatch with the description, sample or labelling. The materiality of the defect affects the scope of the claims, but the defect itself already gives grounds to demand a refund.

Consumer rights rest on the Law of the Republic of Kazakhstan on Consumer Protection. The buyer may withdraw from the contract and demand a refund if the defect was not disclosed by the seller at the time of sale. The seller is liable for defects that arose before the goods were handed over or through the seller's fault, unless the seller proves otherwise.

• Keep the receipt, payment slip or other document confirming payment for the goods.
• Record the defect: a description, photos, video, witness statements.
• Submit a written demand to the seller for a refund, stating the defect.
• Request a quality check or expert examination and take part in it.
• Obtain the seller's written response or record the refusal to accept the complaint.
• Apply to the authorised consumer protection body or to court if the seller refuses.

Which goods cannot be returned and refunded

The right to return depends on the quality of the item. Where the quality is adequate, not every item can be returned or exchanged: the list is approved by the legislation of the Republic of Kazakhstan. It includes personal hygiene items, medicines, underwear, hosiery, perfumery and cosmetic products, jewellery, fabrics and other items.

The seller's refusal is justified if the goods are of adequate quality, have not been used, their consumer properties, seals and labels are intact, and there is proof of purchase. But where there is a defect, the rules change: consumer rights apply regardless of whether the item is on the list or not. The exception is a defect caused by the buyer, for example through misuse. The dispute is resolved on the basis of a quality check or expert examination, and the seller must prove the cause of the defect.

• Goods for prevention and treatment at home.
• Personal hygiene items and perfumery and cosmetic products.
• Underwear, hosiery, bed linen.
• Jewellery and other items made of precious metals and stones.
• Fabrics, ribbons, lace, braid, cable products.
• Animals and plants, medicines.

The list is approved by the legislation of the Republic of Kazakhstan; it does not apply to goods with defects.

Refund for goods within 14 days: what this period actually means

The 14-day period under the Law of the Republic of Kazakhstan on Consumer Protection does not give the right to return any goods that are in good working order. The law links this period to a situation where the goods are of improper quality. Goods in good working order may be returned only in cases expressly provided for by law and by the terms of sale.

The key distinction is the quality of the goods. Where there are defects, the buyer is entitled to make claims, including a refund of the amount paid. The period runs from the moment the goods are handed over and serves as a reference point for a claim regarding defects. Where the quality is proper, the grounds for return are limited.

In practice, the period concerns defects specifically: the goods do not work, do not match the description, or have a defect. The buyer records the defect and approaches the seller with a demand. This is not a 'trying-on period' but a period for promptly submitting claims regarding quality.

Practice shows that the outcome of a dispute is decided not by an emotional conversation in the shop, but by a written demand stating the defect and supported by documents.

How to properly arrange a return of goods and demand a refund

The claim procedure begins with a written application to the seller: state your details, the date and place of purchase, the name and price of the goods, describe the defects and formulate a demand for a refund. Refer to the Law of the Republic of Kazakhstan 'On Protection of Consumer Rights'. The application is drawn up in two copies: one is handed to the seller, the second with a mark of acceptance remains with you.

Attach documents confirming the purchase to the application: a cash receipt, sales receipt, payment slip, bank card statement or other proof of payment. The absence of a receipt does not deprive you of the possibility to rely on other evidence — witnesses, correspondence, loyalty programme data. For a distance purchase, keep the order page and correspondence with the seller.

• Attach copies of documents confirming the purchase
• Send the claim by registered letter with acknowledgement of receipt
• Wait for the seller's written response
• Record the refusal or absence of a response
• Prepare a statement of claim for the court
• Keep evidence of handing the goods over to the seller

Return of goods and money in an online shop: specifics of a distance purchase

In a distance purchase, the goods are handed over later — by courier, through a pick-up point or by post. The right to refuse the goods and demand a refund of the amount paid arises before handover and within the period after it under the Law of the Republic of Kazakhstan 'On Protection of Consumer Rights'. Defects upon receipt must be claimed immediately: inspection in the courier's presence, recording discrepancies in the delivery note or act.

Payment by card does not change the nature of the claims, but affects the procedure for refunding money. The seller refunds the amount in the same way it was paid, unless otherwise agreed. Protection also extends to payment by online transfer or through a payment service: the fact of payment is confirmed by a statement, receipt or electronic confirmation.

• Inspect the order in the courier's presence and record damage or missing items in the acceptance document.
• Keep the packaging, labels, receipt and electronic payment confirmation until the dispute is resolved.
• Send the seller a written demand describing the defects and your decision regarding the goods.
• If refusing the contract, state the details for a refund in the same way the payment was made.
• Conduct correspondence by email or through your personal account, keeping copies of messages.
• If the seller refuses, contact the authorised consumer rights protection body or the court.

The seller refuses to refund money for goods: what should the buyer do

The seller's refusal to refund money for goods with defects does not deprive the buyer of protection under the law. Start with a written claim in two copies: the seller's name, the buyer's details, a description of the goods and defects, the demand for a refund, the date. Hand one copy over against signature or send it by registered letter with acknowledgement of receipt and an inventory of the contents, keeping the receipt. From that moment the review periods begin to run and there is confirmation of the application.

If the seller refers to the buyer's fault, an examination of the goods is carried out. The quality check and examination are organised by the seller at its own expense; the buyer has the right to be present and to challenge the expert. The conclusion confirms the manufacturing nature of the defect or refutes it, and the further dispute is built on it.

• Record the defect: photos, video, an act with the seller's participation.
• Hand over a written claim demanding a refund against signature or send it by registered letter.
• Insist on an examination of the goods at the seller's expense, and attend the examination if necessary.
• Obtain a written response from the seller; if no response is received after the deadline, treat the claim as unsatisfied.
• File a complaint with the authorised consumer protection authority, with copies of all documents.
• Apply to the court at your place of residence, attaching the claim, the expert examination and the correspondence with the seller.

Consumer rights litigation: a claim for a refund for goods

If the seller has refused to refund money for goods with defects, the dispute moves to court. A consumer protection claim is filed with the district court at the buyer's place of residence, at the seller's location or at the place where the contract was concluded. The buyer does not pay state duty on claims related to a violation of their rights. The claim is accompanied by a copy for the defendant, documents on the purchase, correspondence containing the refund demand and evidence of the defects.

• The contract, receipt, payment slip or other document confirming the purchase.
• The goods with the described defects, or a specialist's report on the nature of the defect.
• A written demand to the seller for a refund and proof that it was sent.
• The seller's response, or a note that no response followed.
• Correspondence, witness testimony, photos and videos recording the condition of the goods at the time of handover.
• Documents on the expenses the buyer incurred because of the defects (if any).

Violation of consumer rights: refund for goods through a claim against the seller

Under the Law of the Republic of Kazakhstan on Consumer Protection, the seller is obliged to hand over goods of proper quality, and where there are defects the buyer is entitled to withdraw from the contract and demand a refund of the amount paid. Sellers refuse, citing the expiry of the claim period, the absence of a receipt or an examination carried out by the seller. The dispute then goes to court: the buyer brings a consumer rights claim and proves the fact of the purchase and the defect.

Along with the refund, you can claim a penalty for delay, losses caused by the defective goods and compensation for moral harm. If the seller refused to satisfy the claim voluntarily, the court may award a fine in favour of the consumer.

• refusal to refund money where a defect is confirmed
• a demand to pay for an examination carried out unilaterally by the seller
• refusal to accept the goods because the receipt has been lost
• withholding part of the amount under the guise of wear and tear
• failure to meet the deadline for considering the claim
• refusal to issue a written response to the claim

Refund for goods bought on credit: a consumer protection claim against the bank

If the goods were bought in instalments or with a bank loan, the buyer retains their consumer protection rights. On discovering defects, they are entitled to withdraw from the contract and demand a refund of the amount paid, including the part paid from borrowed funds, regardless of whether the loan has been repaid.

When the contract is terminated, the seller refunds the full price of the goods, and the loan funds are transferred to the bank towards repayment of the obligation. The consumer pays interest only for the period of actual use of the loan.

If the money is not refunded voluntarily, a consumer protection claim is filed against the bank or against the seller, depending on who is withholding the amount. The court reviews the terms of the loan agreement and declares invalid any clauses that infringe the buyer's rights. The claims are considered at the consumer's place of residence.