Unfair entrepreneurial practice in agreements with consumers

Abstract

Introduction. The current state of legal relations between consumers and businesses that sell or offer cosmetics for sale has become widespread in terms of violation of consumer rights, namely misleading consumers.
Problem. The current consumer legislation does not take into account all the features of consumer rights and mechanisms for their imple­mentation, some rules are ambiguous and ineffective, which is used by dishonest businesses.
The aim of the article is a legal analysis of situations related to the use of unfair business practices and outlines mechanisms to protect consumer rights in the case of unfair business practices in agreements with consumers.
Methods. General scientific and special research methods were used: formal-logical (analysis, synthesis, analogy, generalization, induc­tion, deduc­tion); systemic; method of sociological research. The information base of the research is national legislation, case law, EU Directives, Internet resources and analytical materials of domestic scientists.
Results. The legal problems of violating the rights of consumers in the case of purchasing cosmetics and concluding a consumer loan agreement, using the means of unfair business practices are analyzed. The procedure for consumer protection and the grounds for termination of the retail sale agreement and the consumer loan agreement have been determined, with the use of unfair business practices.
Conclusions. The current legislation should provide for a provision that would take into account the provisions of Directive 2008/48 / EC on related credit agreements: if the consumer exercises his right to a refund under the contract of sale, he should not continue to bear obligations under the related contract of sale by credit agreement. The develop­ment and adoption of a Code of Conduct for Entrepreneurship can play an important role in the effective application of the law on the prohibition of unfair business practices.