Provision of services remotely. Rules for the sale of goods remotely. Monitoring compliance with the Rules

18.07.2021

Today it is difficult for us to imagine life without the ability to order or buy something on the Internet or with the help of another interactive method of communication. This is the whole point of distance selling: to create maximum convenience for consumers for the same money.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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Market trends indicate a constant increase in the popularity of distance selling. According to analysts' forecasts, only until the end of 2020, a quarter of retail sales will be carried out remotely.

Activity Regulations

Distance trading is carried out in accordance with special regulations. It is formed on the basis of the Rules for the sale of goods by remote means, which were approved back in 2007 by a separate government decree.

The rules regulate the relationship between the buyer and the seller in the implementation of remote trading. This document also establishes the procedure for selling goods and services in the Internet space. The regulation of activities in the field of distance selling provides for the possibility for the buyer to purchase goods for family or personal needs. Purchases for the development of entrepreneurship in this order are not allowed.

The sale of alcoholic beverages, as well as those goods, the sale of which is unacceptable under the legislation of the Russian Federation, is prohibited remotely.

When selling the goods, the seller must notify the buyer about the properties of the goods, the place of manufacture, delivery, service life, warranty and shelf life.

If the purchased product was in use before it was put up for sale, the seller must notify potential buyers about it. It is also his responsibility to provide information about the current state of the goods and the shortcomings acquired in the process of use. For example, everyone knows that many Internet auctions sell not only new things, but those that were in use. In this case, sellers of goods marked "used" must indicate its condition and warn of existing shortcomings. Most often, this is done by posting photos of products and creating short messages, with information about the flaws in the purchase.

Sellers bring general information about the product to the knowledge of consumers in any way convenient for them. This may be accompanied by the placement of data on the packaging of the product, its label, electronic media, check or transfer along with the purchase of technical, as well as other accompanying documentation.

The peculiarity of distance trading is that, in essence, it is a public offer.

The concept itself means an offer with a description of goods for a certain circle of people. The offer must have signs of a civil contract (purchase and sale - almost always, in exceptional cases - exchange).

In the context of distance selling, it looks something like this: by placing an advertisement for the sale, a person addresses a limited circle of people with an offer. His offer is considered only by Internet users, readers of a newspaper or other means of communication, which is why the offer is limited.

But the limited circle of persons for whose consideration the proposal is put forward does not mean its certainty. According to paragraph 12 of the Rules of the PDS (distance sale), an offer is an offer for an indefinite number of persons. A public appeal obliges the seller to conclude a contract of sale with anyone who wants to buy the goods.

The seller must notify stakeholders the period during which the offer is valid. When receiving data from the consumer for the transaction, the obligation to maintain the confidentiality of data arises from the seller.

An organization or individual entrepreneur whose business is distance selling the return of goods must provide reliable information about the proposed products in full. The remote purchase agreement is considered concluded from the moment the seller receives the check or the buyer has confirmed intentions.

What's this?

The DS trading rules provide an explanation for the concept of “remote sale”. According to clause 2, remote sale means the retail sale of goods on the basis of a duly executed sale and purchase agreement. A written agreement of this kind is drawn up after the buyer has read the product description, which is placed in catalogs, booklets or presented in photographs using various communication tools.

One of the main conditions is the inability of the buyer to directly familiarize himself with the products before purchasing.

Any sale of goods, which excludes the possibility of direct acquaintance with the products and direct communication with the seller, is remote. The buyer decides for himself on the need to purchase a particular product based on the photo or information from the catalog.

Legislation

The distance sale of goods is regulated by the following regulations:

the European Convention on Postal and Distance Selling (the so-called Code of Ethics);
Civil Code of the Russian Federation;
Code of Administrative Offenses of the Russian Federation;
Federal Law "On Advertising" (Article 8);
Federal Law "On consumer protection";
Rules for the sale of goods DS.

This list should also include a letter from Rospotrebnadzor “On monitoring compliance with the Rules for the sale of DS goods” and Federal Law No. 87.

Return of goods to a remote point of sale

The Federal Law “On Protection of Consumer Rights”, as well as the provisions of the Civil Code of the Russian Federation, make it possible to return almost any product. The method of purchase in this case does not play a role. After acceptance of the offer, the parties conclude a contract of sale, on the basis of which it is possible to implement a return.

In the Code of Ethics, this is called "satisfaction or a refund." Not every buyer likes what he gets after placing a remote order. The legislation of the Russian Federation includes the norms of international trade law, which allow you to return not only what was bought in the store, but also bought from a remote seller.

The return is carried out on the basis of a special claim made by an organization or individual entrepreneur who is engaged in remote trading.

Claims may refer to Art. 26.1 of the RFP, which allows you to cancel a purchase without giving reasons.

Difference from the usual procedure

In terms of practical implementation, there are few differences from the standard return procedure.

But they are:

First, the return is carried out in the same form as the purchase of the goods. A dissatisfied buyer sends a claim to the seller, and then sends the purchase back. Everything is remote, and additional shipping is paid separately.
Secondly, most online stores violate the consumer's right, enshrined in Art. 26.1 of the ZoPP and the Code of Ethics and are required to provide them with reasons for refusing the goods. It all comes down to avoiding a refund and finding a compromise, at least in relation to the exchange of the purchased unit for a similar one that is on sale.

Where to apply?

When it arises to return a product purchased remotely, it is necessary to contact the seller directly with a statement that contains a claim.

The seller should receive contact information about the shipment.

If there is a dispute between the parties, the buyer may apply to the court regarding the protection of their consumer rights.

Watch the video how online stores deceive their customers

Timing

The buyer can cancel the purchase at any time before receiving it, and after receiving it - within 7 days.

But this rule is valid only when, at the time of delivery, the consumer received information along with the order on the procedure for returning or exchanging the purchase.

Otherwise, the period will be 3 months. The seller of the goods undertakes to return the money within 10 days, which are counted from the moment of receipt of the corresponding claim from the buyer.

Procedure

Returning an item purchased remotely is not always as easy as it seems. As with a retail purchase, a number of important conditions must be met in order for the seller not to legally refuse satisfaction.

The return product must have an appropriate form for its subsequent implementation.

You also need to present documents proving the fact of purchase.

In addition to a return, an exchange is possible, but it only applies to non-grocery goods(most often - household appliances). The exchange is carried out within 14 days in relation to products that have retained their original appearance. The principle of the exchange is similar - a registered letter is sent to the person, after which the parties discuss the options for the exchange.

Return processing: application, documents

The return procedure is as follows:

send a registered letter to the seller with a claim statement;
get contact information from the seller in relation to the shipment of the goods;
receive money and pay return shipping.

The buyer sends the seller a claim in case of return. This document must be accompanied by a sales or cash receipt. When returning goods of good quality, invoice forms or a special act are used to legalize the refusal of the offer.

Warranty item

In this case, we are talking about a low-quality product. Exchange restrictions do not apply to such products. For example, even if you bought a medicine and it turned out to be of poor quality, then you retain your right to exchange the defective purchase.

The RFP makes a pretty powerful argument: the product must work properly during the warranty period.

This term applies only to non-food purchases. For food and medicines, an expiration date is set.

In the event of a breakdown of the warranty product, the discovery of defects in its operation, the manufacturer or seller is obliged to repair or replace it free of charge. All requirements of the consumer will be considered only after the presentation of the technical passport for the product (Articles 7-8 of the RFP).

You can use the right to return such an acquisition only within the warranty period if you have a registration certificate and a receipt for the purchase.

Good and bad quality purchases

Return of goods of good quality is possible if it has retained its marketable condition, consumer properties and there is a document confirming the purchase. The main condition is that the purchase must have a presentation and its consumer properties.

The fact that the product has been used is not an obstacle to the return.

But the preservation of the presentation is mandatory. The buyer does not have the right to refuse goods of good quality if it is completed. For example, if a consumer wants to refuse a quality-made pendant with a personalized engraving, then the seller has the right to refuse to satisfy such a requirement.

If the product was received defective or of inadequate quality for its value, the person has the right to refuse it. Also, the consumer may refuse the offer of the seller regarding the exchange of the purchase.

Return by third parties

The seller has the right to assign his rights and obligations that arise from relations with the buyer to third parties. But this rule does not apply to personal information that the consumer submits to place an order.

An exception is the personal consent of the buyer to the transfer of data to third parties.

For example, a consumer may file a claim not with the seller, but directly with the manufacturer. And when sending by mail, the client consents to the processing of data by the communication service.

Approved

Government Decree

Russian Federation

REGULATIONS

REMOTE SALES OF GOODS

1. These Rules, which establish the procedure for the sale of goods by remote means, regulate the relationship between the buyer and the seller in the sale of goods by remote means and the provision of services in connection with such sale.

2. The basic concepts used in these Rules mean the following:

"buyer" - a citizen who intends to order or purchase or ordering, acquiring or using goods solely for personal, family, household and other needs not related to the implementation entrepreneurial activity;

"seller" - an organization, regardless of its organizational and legal form, as well as individual entrepreneur selling goods remotely;

"sale of goods by remote means" - the sale of goods under a retail sale and purchase agreement concluded on the basis of the buyer's acquaintance with the description of the goods proposed by the seller, contained in catalogs, brochures, booklets or presented in photographs or using networks postal service, telecommunication networks, including the Internet information and telecommunication network, as well as communication networks for broadcasting TV channels and (or) radio channels, or in other ways that exclude the possibility of direct acquaintance of the buyer with the goods or a sample of the goods when concluding such an agreement.

3. When selling goods remotely, the seller is obliged to offer the buyer services for the delivery of goods by forwarding them by mail or transportation, indicating the method of delivery used and the mode of transport.

The seller must inform the buyer about the need to use qualified specialists to connect, adjust and put into operation technically complex goods that, according to technical requirements, cannot be put into operation without the participation of relevant specialists.

4. The list of goods sold remotely and services provided in connection with such sale is determined by the seller.

5. Remote sales are not allowed alcoholic products, as well as goods, the free sale of which is prohibited or restricted by the legislation of the Russian Federation.

On the territory of the Russian Federation, it is allowed to sell jewelry made of precious metals and (or) precious stones certified cut gemstones remotely, taking into account the specifics established by the legislation of the Russian Federation.

6. These Rules do not apply to:

a) works (services), with the exception of works (services) performed (rendered) by the seller in connection with the sale of goods remotely;

b) sale of goods using vending machines;

c) contracts of sale concluded at the auction.

7. The seller is not entitled to perform without the consent of the buyer additional work(provide services) for a fee. The buyer has the right to refuse to pay for such works (services), and if they are paid, the buyer has the right to demand that the seller return the amount paid.

8. The seller must, prior to the conclusion of the retail sale contract (hereinafter referred to as the contract), provide the buyer with information about the main consumer properties of the goods and the address (location) of the seller, the place of manufacture of the goods, the full trade name (name) of the seller, the price and conditions purchase of the goods, their delivery, service life, shelf life and warranty period, the procedure for payment for the goods, as well as the period during which the offer to conclude a contract is valid.

9. The seller at the time of delivery of the goods is obliged to bring to the attention of the buyer in writing the following information (for imported goods - in Russian):

a) name technical regulations or other designation established by the legislation of the Russian Federation on technical regulation and indicating a mandatory confirmation of the conformity of the goods;

b) information about the main consumer properties of the goods (works, services), and in relation to food products - information about the composition (including the name of the food additives, biologically active additives used in the manufacturing process, information about the presence in the food of components obtained with the use of genetically modified organisms), nutritional value, purpose, conditions for the use and storage of food, methods for preparing ready-made meals, weight (volume), date and place of manufacture and packaging (packaging) of food, as well as information about contraindications for their use in certain diseases;

c) price in rubles and conditions for the acquisition of goods (performance of work, provision of services);

d) information about the warranty period, if any;

e) rules and conditions for the efficient and safe use of goods;

f) information about the service life or shelf life of the goods, as well as information about the necessary actions of the consumer after the expiration of the specified periods and possible consequences if such actions are not taken, if the goods after the expiration of the specified periods pose a danger to the life, health and property of the buyer or become unsuitable for use by appointment;

g) location (address), trade name (name) of the manufacturer (seller), location (address) of the organization (organizations) authorized by the manufacturer (seller) to accept claims from buyers and perform repairs, and Maintenance goods, for imported goods - the name of the country of origin of the goods;

(see text in previous edition)

h) information on the mandatory confirmation of the conformity of goods (services) with mandatory requirements that ensure their safety for the life and health of the buyer, environment and prevention of damage to the property of the buyer in accordance with the legislation of the Russian Federation;

i) information on the rules for the sale of goods (performance of work, provision of services);

j) information about a specific person who will perform the work (provide a service), and information about him, if it matters based on the nature of the work (service);

l) information on the energy efficiency of goods in respect of which the requirement for the availability of such information is determined in accordance with the legislation of the Russian Federation on energy saving and on increasing energy efficiency.

10. If the goods purchased by the buyer were in use or a defect (shortcomings) was eliminated in it, the buyer must be provided with information about this.

11. Information about the product, including its operating conditions and storage rules, is communicated to the buyer by placing it on the product, on electronic media applied to the product, in the product itself (on the electronic board inside the product in the menu section), on the container, packaging, label, label, in technical documentation or in any other way established by the legislation of the Russian Federation.

(see text in previous edition)

Information on mandatory confirmation of conformity of goods shall be submitted in the manner and in the manner established by the legislation of the Russian Federation on technical regulation, and include information on the number of the document confirming such conformity, on its validity period and on the organization that issued it.

12. The offer of goods in its description, addressed to an indefinite circle of persons, is recognized as a public offer if it is sufficiently defined and contains all the essential terms of the contract.

The seller is obliged to conclude an agreement with any person who has expressed his intention to purchase the goods proposed in his description.

13. The seller is obliged to inform the buyer about the period during which the offer for the sale of goods by remote means is valid.

14. If the buyer sends a message to the seller about his intention to purchase the goods, the message must contain:

a) full company name (name) and address (location) of the seller, last name, first name, patronymic of the buyer or the person (recipient) indicated by him, the address to which the goods should be delivered;

b) name of the product, article number, brand, variety, number of items included in the package of the purchased product, price of the product;

c) type of service (when provided), time of its execution and cost;

d) obligations of the buyer.

15. The offer of the buyer to send the goods by post to the address "On Demand" can only be accepted with the consent of the seller.

16. The seller must ensure the confidentiality of personal data about the buyer in accordance with the legislation of the Russian Federation in the field of personal data.

17. An organization that sells goods remotely provides the buyer with catalogs, booklets, brochures, photographs or other information materials containing complete, reliable and accessible information that characterizes the goods offered.

18. The seller's obligations to transfer the goods and other obligations related to the transfer of goods arise from the moment the seller receives the relevant message from the buyer about the intention to conclude the contract.

19. The seller is not entitled to offer the consumer goods that are not specified in the initial offer of goods for sale.

It is not allowed to transfer goods to the consumer that do not comply with the preliminary agreement, if such transfer is accompanied by a requirement to pay for the goods.

20. The contract is considered concluded from the moment the seller issues the buyer a cash or sales receipt or other document confirming payment for the goods, or from the moment the seller receives a message about the buyer's intention to purchase the goods.

When paying for goods by the buyer in non-cash form or sale of goods on credit (with the exception of payment using bank payment cards), the seller is obliged to confirm the transfer of goods by drawing up an invoice or an act of delivery and acceptance of goods.

21. The buyer has the right to refuse the goods at any time before its transfer, and after the transfer of the goods - within 7 days.

If information on the procedure and terms for returning goods of good quality was not provided in writing at the time of delivery of the goods, the buyer has the right to refuse the goods within 3 months from the date of transfer of the goods.

Return of goods of proper quality is possible if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified goods are preserved. The buyer's lack of this document does not deprive him of the opportunity to refer to other evidence of the purchase of goods from this seller.

The buyer does not have the right to refuse goods of good quality, having individually defined properties, if the specified goods can be used exclusively by the consumer who purchases it.

If the buyer refuses the goods, the seller must return to him the amount paid by the buyer in accordance with the contract, with the exception of the seller's expenses for the delivery of the returned goods from the buyer, no later than 10 days from the date the buyer presents the relevant demand.

22. If the contract is concluded with the condition of delivery of the goods to the buyer, the seller is obliged to deliver the goods to the place indicated by the buyer within the period established by the contract, and if the place of delivery of the goods by the buyer is not indicated, then to the place of his residence.

To deliver the goods to the place specified by the buyer, the seller may use the services of third parties (with the obligatory informing the buyer about this).

23. The seller is obliged to transfer the goods to the buyer in the manner and terms established in the contract.

If the contract does not specify the delivery time of the goods and there is no way to determine this period, the goods must be transferred by the seller within a reasonable time.

An obligation that has not been fulfilled within a reasonable time, the seller must fulfill within 7 days from the date the buyer submits a demand for its fulfillment.

For violation by the seller of the terms for the transfer of goods to the buyer, the seller shall be liable in accordance with the civil legislation of the Russian Federation.

24. If the delivery of the goods is made within the terms established by the contract, but the goods were not transferred to the buyer through his fault, the subsequent delivery is made within the new terms agreed with the seller, after the buyer re-pays the cost of services for the delivery of the goods.

25. The seller is obliged to transfer to the buyer the goods, the quality of which corresponds to the contract and the information provided to the buyer at the conclusion of the contract, as well as the information brought to his attention when transferring the goods (in the technical documentation attached to the goods, on labels, by marking or by other means provided for certain types goods).

If there are no conditions in the contract regarding the quality of the goods, the seller is obliged to transfer to the buyer goods suitable for the purposes for which goods of this kind are usually used.

If the seller, at the conclusion of the contract, was informed by the buyer about the specific purposes of acquiring the goods, the seller is obliged to transfer to the buyer the goods suitable for use in accordance with these purposes.

Unless otherwise provided by the contract, the seller is obliged, simultaneously with the transfer of the goods, to transfer to the buyer the relevant accessories, as well as documents related to the goods (technical passport, quality certificate, operating instructions, etc.) provided for by the legislation of the Russian Federation.

26. The delivered goods are transferred to the buyer at the place of his residence or other address indicated by him, and in the absence of the buyer - to any person who has presented a receipt or other document confirming the conclusion of the contract or the registration of the delivery of the goods.

27. If the goods are transferred to the buyer in violation of the terms of the contract regarding the quantity, assortment, quality, completeness, container and (or) packaging of the goods, the buyer may, no later than 20 days after receiving the goods, notify the seller of these violations.

If defects are found in the goods, in respect of which warranty periods or expiration dates are not established, the buyer has the right to make claims regarding defects in the goods within a reasonable time, but within 2 years from the date of its transfer to the buyer, unless longer periods are established by laws or the contract.

The buyer also has the right to present claims to the seller regarding the defects of the goods if they are discovered during the warranty period or the expiration date.

28. The buyer, to whom goods of inadequate quality were sold, if this was not agreed by the seller, has the right, at his choice, to demand:

a) gratuitous elimination of defects in the goods or reimbursement of expenses for their correction by the buyer or a third party;

b) proportional reduction purchase price;

Almost every person uses the unique possibilities of the Internet to get the necessary information, communicate with other people or even for shopping. In the latter case, a remote method of acquiring various things or products is used. It is regulated by various legislative acts to protect citizens from receiving low-quality or defective items. The remote method of selling goods is used by many companies, as it can significantly reduce costs and reach a large number of potential buyers.

Features of the work of firms

For companies, this method of implementation different goods considered beneficial. They can sell a variety of items, as well as cooperate with citizens from various cities or countries. This trade comes with the following benefits:

There is no need to open a stationary point of sale, so there are no costs for rent, salaries of sellers and registration trading floor.
A huge area is covered.
Opportunity to significantly expand target audience.
Goods can be sent to citizens not only by mail, but also through their own courier service, which allows increasing the company's income.
You can significantly expand the range, as there are no restrictions on the area of the trading floor.

But every company that decides to work in this direction should carefully study the rules for selling goods remotely, since if they are violated, this may cause problems with the Federal Tax Service and Rospotrebnadzor.

Benefits for buyers

Even for citizens, purchasing goods on the Internet has many advantages. These include:

no need to leave the house for this;
you can find products that are not available in stationary outlets a certain region;
the buyer is protected by various laws from the purchase of low-quality goods;
within 14 days after receiving the parcel without giving a reason, you can return the purchase, receiving the full price for it;
online stores offer items at an affordable price, so with the help of such cooperation, you can save a significant amount of money.

It is advisable for each buyer to study the Government Decree on the remote method of selling goods in order to understand well all their capabilities and rights. It is also desirable to analyze other similar laws and documents, which makes it possible to assert your rights.

Legislative regulation

The remote method of selling goods is carried out on the basis of various legislative acts regulating this process. The main documents include:

Civil Code of the Russian Federation.
Law No. 2300-1, called "On the Protection of Consumer Rights."
Federal Law No. 38 "On Advertising";
Federal Law No. 381 “On the basics state regulation trading activities in the Russian Federation.
Government Decree No. 612 "On approval of the Rules for the sale of goods by remote means."
Letters from Rospotrebnadzor No. 0100/10281-07-32 and No. 0100/2569-05-32.

All of the above acts must be taken into account by every company planning to trade via the Internet. At the same time, an appropriate contract is necessarily concluded between the buyers and the company, in which all information about the item being sold is prescribed.

The sale of goods remotely is regulated by various laws and acts. Back in 2007, the government issued a Decree on the sale of goods by remote means. To the main features this document the following applies:

regulates the relationship between the buyer and the seller when buying items via the Internet;
it is allowed to sell goods for personal or family needs of citizens, but it is impossible to sell items for entrepreneurial activity;
it is not allowed to sell goods prohibited in the Russian Federation, as well as alcoholic products;
each seller must notify buyers about the properties of a particular product, where it was created, under what conditions it will be delivered, how long it can be used for its intended purpose, and also what is the warranty period;
buyers must be notified if the goods have been previously used by other persons;
the remote method of selling goods is represented by a public offer;
the seller must notify buyers of how long this offer is valid.

The regulation on the approval of the rules for the sale of goods by remote means indicates that the agreement will be concluded after the seller receives a check or there is confirmation of the buyer's intention to purchase any item.

Contents of the Consumer Rights Protection Law

The rights of consumers when selling goods remotely are prescribed in this law. The most important rules of the process are:

an agreement is drawn up only after the buyer receives all the necessary information about the parameters of the purchased goods, for which the seller provides him with various descriptions, photographs, booklets and other documents;
the consumer must know that the company from which he purchases any items is officially registered, so he must have information about her place of work, company name, and working conditions;
at the time of delivery of the item, the buyer must receive additional information about the item in writing, and he is also notified how and within what time period he can return the product or item;
it is possible within 7 days after receiving the goods to refuse it for any reason;
if the product is found to be of poor quality or does not match the previously received description, then a return is allowed only if the proper type of purchase is maintained, and there must also be documents confirming the purchase of this item;
if the buyer loses the receipt, he can still return the defective product, but he must have other evidence of the purchase;
all funds spent on the purchase of the item under the contract are returned, but the seller compensates for his own transportation costs.

If a company operating through the remote method of selling various items refuses to follow the basic rules and requirements of this process, then it can be held liable in various ways. The sale of goods remotely is considered official and accessible by law, but it must be done taking into account the rights of both buyers and sellers.

The nuances of distance selling

Not all people prefer to buy goods on the Internet, as this method has not only advantages, but also significant unusual disadvantages. Key features of this acquisition include:

the buyer and the seller do not have the opportunity to contact directly with each other;
it is impossible to inspect the purchased item in advance, therefore, often for people received parcels are a surprise, as they differ significantly from the pictures on the site;
if you just don’t like the received item, then you can send it back, but in this case it is the buyer who pays for the delivery.

Therefore, people usually prefer to cooperate with trusted online stores that really sell quality items and also offer loyal terms of cooperation.

What items cannot be sold?

The peculiarities of the sale of goods by remote means take into account that there are some items that are not allowed to be sold by this method. These include:

precious metals and precious stones;
materials that are strategic;
weapons, ammunition, military equipment and spare parts for it, as well as similar products;
communication systems or space complexes;
uranium and products made from this material;
equipment and devices in which radioactive substances are used;
results of scientific research and development;
encryption equipment;
poisons, drugs and psychotropic drugs;
ethanol;
waste containing precious metals, explosives or radioactive materials;
medicines, but herbs are an exception;
technical devices for obtaining information in a covert way.

The buyer can refuse the goods within 7 days, even if the product fully complies with the information provided by the seller.

What data is provided by the company?

The rules for selling goods remotely are that the seller is obliged to inform buyers about all the features and properties of the items being sold. These data include:

the name of the subject;
information about all consumer characteristics, for example, if food products are purchased, then there should be information about its composition, energy value, purpose and methods of application, as well as weight, place of manufacture and other parameters;
the cost of the item in rubles is indicated;
must contain information about the warranty period;
the conditions under which it is possible to purchase an item are prescribed;
rules are indicated on the basis of which it is possible to safely and effectively use the thing;
information about the seller is written, consisting in the full name of the company and the place of its localization;
the buyer must have access to information on the availability of a certificate of quality and conformity;
the seller notifies in what time frame and in what way it will be possible to return the parcel.

The rules for the sale of goods remotely in the Russian Federation indicate that a return is allowed only if the original type of goods is preserved. It is not allowed to have any abrasions or other visible damage to the integrity of the item, which indicate that it has already been used for its intended purpose.

How are purchases delivered?

The remote method of selling goods is used by many large or small organizations. They offer their customers different shopping opportunities, which include:

sending by mail, but this is possible only for small items;
usage courier service owned by the company, but this method leads to the need for the recipient of the item to pay additional significant funds, so the method is chosen when buying expensive products;
the use of the services of transport companies, which allows you to send goods as groupage cargo, and for this you can use road, water and even air transport.

The most affordable and frequently used method of delivery by mail, as in this case, transportation costs are reduced.

Features of the conclusion of the contract

The sale of goods remotely is permitted by law only when an agreement is drawn up between the two parties.

To do this, the buyer must first familiarize himself with all the characteristics of the purchased item. The seller must receive confirmation of payment, and the buyer - a guarantee of delivery of the goods. Simultaneously with the thing, the citizen receives a document that indicates the main parameters of the item, its cost and conditions for return.

Return specifics

When selling goods remotely, a return is possible for any reason within 7 days. Further allowed this process if a defect is discovered during the warranty period.

If the warranty period is less than two years, you can still return the defective item during this period.

With this return, some features are taken into account:

the item is returned in the same way as it was received by the citizen;
before sending, you must send a claim to the company, which indicates the reasons for not wanting to keep the purchase;
money is transferred back after the goods are received by the seller.

There is a possibility for firms to refuse if their employees discover that the returned item has certain characteristics that indicate its intended use.

When can I cancel a purchase?

The law on the protection of consumer rights when selling goods remotely allows you to return any purchased product, regardless of the reason, within 7 days. Companies can't refuse it.

Some firms even increase this period to 14 days.

To return, you must keep the original appearance of the item, and you must also have proof of purchase directly from a particular online store. The law allows a return even if there is no receipt, but there must be other papers that act as proof of purchase on a specific site.

It is best to initially cooperate with various large services that sell only high-quality goods, and also offer their customers really profitable and effective terms of cooperation. Delivery of items can be implemented in different ways, and usually the buyers themselves can choose the best method, on which the additional costs for receiving the parcel depend.

Thus, the purchase of goods in different online stores is a demanded process that allows each person to find different items that are not available in the stationary outlets of his city. To do this, it is important to understand the different legislative acts related to this process. Additionally, the rules for returning goods are taken into account, which may not correspond to the information received from the seller. In addition, a certain product may simply be defective.

Rules
sale of goods remotely
(approved by Decree of the Government of the Russian Federation of September 27, 2007 N 612)

With changes and additions from:

2. The basic concepts used in these Rules mean the following:

"buyer" - a citizen who intends to order or purchase or ordering, acquiring or using goods solely for personal, family, household and other needs not related to business activities;

"seller" - an organization, regardless of its organizational and legal form, as well as an individual entrepreneur selling goods remotely;

"sale of goods remotely"- the sale of goods under a retail sale and purchase agreement concluded on the basis of the buyer's acquaintance with the description of the goods proposed by the seller contained in catalogs, brochures, booklets or presented in photographs or using postal networks, telecommunication networks, including information and telecommunication networks "Internet", as well as communication networks for broadcasting TV channels and (or) radio channels, or in other ways that exclude the possibility of direct acquaintance of the buyer with the goods or a sample of the goods when concluding such an agreement.

3. When selling goods remotely, the seller is obliged to offer the buyer services for the delivery of goods by sending them by post or transportation, indicating the method of delivery and mode of transport used.

4. The list of goods sold remotely and services provided in connection with such sale is determined by the seller.

5. It is not allowed to sell alcoholic products remotely, as well as goods, the free sale of which is prohibited or limited by the legislation of the Russian Federation.

On the territory of the Russian Federation, it is allowed to sell jewelry made of precious metals and (or) precious stones, certified cut gems remotely, taking into account the specifics established by the legislation of the Russian Federation.

6. These Rules do not apply to:

a) works (services), with the exception of works (services) performed (rendered) by the seller in connection with the sale of goods remotely;

b) sale of goods using vending machines;

c) contracts of sale concluded at the auction.

7. The seller is not entitled to perform additional work (render services) for a fee without the consent of the buyer. The buyer has the right to refuse to pay for such works (services), and if they are paid, the buyer has the right to demand that the seller return the amount paid.

9. The seller at the time of delivery of the goods is obliged to bring to the attention of the buyer in writing the following information (for imported goods - in Russian):

a) the name of the technical regulation or other designation established by the legislation of the Russian Federation on technical regulation and indicating the mandatory confirmation of the conformity of the goods;

c) price in rubles and conditions for the acquisition of goods (performance of work, provision of services);

d) information about the warranty period, if any;

e) rules and conditions for the efficient and safe use of goods;

g) location (address), company name (name) of the manufacturer (seller), location (address) of the organization (organizations) authorized by the manufacturer (seller) to accept claims from buyers and carry out repairs and maintenance of goods, for imported goods - name of the country of origin of the goods;

h) information on the mandatory confirmation of the compliance of goods (services) with mandatory requirements that ensure their safety for the life, health of the buyer, the environment and prevent damage to the buyer's property in accordance with the legislation of the Russian Federation;

i) information on the rules for the sale of goods (performance of work, provision of services);

j) information about a specific person who will perform the work (provide a service), and information about him, if it matters based on the nature of the work (service);

Information about changes:

By Decree of the Government of the Russian Federation of October 4, 2012 N 1007, paragraph 9 was supplemented with subparagraph "m"

10. If the goods purchased by the buyer were in use or a defect (shortcomings) was eliminated in it, the buyer must be provided with information about this.

11. Information about the product, including its operating conditions and storage rules, is communicated to the buyer by placing it on the product, on electronic media attached to the product, in the product itself (on the electronic board inside the product in the menu section), on containers, packaging, labels , label, in the technical documentation or in any other way established by the legislation of the Russian Federation.

The seller is obliged to conclude an agreement with any person who has expressed his intention to purchase the goods proposed in his description.

13. The seller is obliged to inform the buyer about the period during which the offer for the sale of goods by remote means is valid.

14. If the buyer sends a message to the seller about his intention to purchase the goods, the message must contain:

b) name of the product, article number, brand, variety, number of items included in the package of the purchased product, price of the product;

c) type of service (when provided), time of its execution and cost;

d) obligations of the buyer.

15. The offer of the buyer to send the goods by post to the address "On Demand" can only be accepted with the consent of the seller.

16. The seller must ensure the confidentiality of personal data about the buyer in accordance with the legislation of the Russian Federation in the field of personal data.

19. The seller is not entitled to offer the consumer goods that are not specified in the initial offer of goods for sale.

It is not allowed to transfer goods to the consumer that do not comply with the preliminary agreement, if such transfer is accompanied by a requirement to pay for the goods.

When paying for goods by the buyer in a non-cash form or selling goods on credit (except for payment using bank payment cards), the seller is obliged to confirm the transfer of goods by drawing up an invoice or an act of delivery and acceptance of goods.

21. The buyer has the right to refuse the goods at any time before its transfer, and after the transfer of the goods - within 7 days.

The buyer does not have the right to refuse goods of good quality, having individually defined properties, if the specified goods can be used exclusively by the consumer who purchases it.

To deliver the goods to the place specified by the buyer, the seller may use the services of third parties (with the obligatory informing the buyer about this).

23. The seller is obliged to transfer the goods to the buyer in the manner and terms established in the contract.

If the contract does not specify the delivery time of the goods and there is no way to determine this period, the goods must be transferred by the seller within a reasonable time.

An obligation that has not been fulfilled within a reasonable time, the seller must fulfill within 7 days from the date the buyer submits a demand for its fulfillment.

For violation by the seller of the terms for the transfer of goods to the buyer, the seller shall be liable in accordance with the civil legislation of the Russian Federation.

If defects in the goods are found, in respect of which no warranty or expiration dates have been established, the buyer has the right to make claims regarding defects in the goods within a reasonable time, but within 2 years from the date of its transfer to the buyer, unless longer periods are established by laws or the contract.

The buyer also has the right to present claims to the seller regarding the defects of the goods if they are discovered during the warranty period or the expiration date.

28. The buyer, to whom goods of inadequate quality were sold, if this was not agreed by the seller, has the right, at his choice, to demand:

a) gratuitous elimination of defects in the goods or reimbursement of expenses for their correction by the buyer or a third party;

b) a proportional reduction in the purchase price;

c) replacement with a product of a similar brand (model, article) or the same product of another brand (model, article) with a corresponding recalculation of the purchase price. At the same time, in relation to technically complex and expensive goods, these requirements of the buyer are subject to satisfaction in case of detection of significant shortcomings.

29. The buyer, instead of presenting the requirements specified in paragraph 28 of these Rules, has the right to refuse to perform the contract and demand the return of the amount paid for the goods. At the request of the seller and at his expense, the buyer must return the goods with defects.

The buyer also has the right to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality. Losses are reimbursed within the time limits established by the Law of the Russian Federation "On Protection of Consumer Rights" to meet the relevant requirements of the buyer.

30. If the seller refuses to transfer the goods, the buyer has the right to refuse to perform the contract and demand compensation for the losses caused.

31. When returning goods of inadequate quality, the buyer's lack of a document confirming the fact and conditions of the purchase of goods does not deprive him of the opportunity to refer to other evidence of the purchase of goods from the seller.

32. Information on the procedure and terms for the return of goods by the consumer must contain:

b) by postal order;

c) by transferring the appropriate amount to the buyer's bank or other account specified by the buyer.

35. The seller bears the cost of returning the amount paid by the buyer in accordance with the contract.

36. Payment for the goods by the buyer by transferring funds to the account of a third party specified by the seller does not release the seller from the obligation to return the amount paid by the buyer when the buyer returns the goods, both of proper and inadequate quality.

37. Control over compliance with these Rules is carried out by the Federal Service for Supervision of Consumer Rights Protection and Human Welfare.

To begin with, let's define what is the sale of goods remotely?

Sale of goods by remote means - sale of goods under a retail sale and purchase agreement concluded on the basis of familiarization of the buyer with the description of the goods proposed by the seller contained in catalogs, brochures, booklets or presented in photographs or by means of communication, or in other ways that exclude the possibility of direct acquaintance of the buyer with goods or a sample of goods at the conclusion of such an agreement.

The main feature of distance selling is that the consumer does not have the opportunity to personally get acquainted with either the product itself or with a sample of the product until it is received.

The main provisions of distance trading are regulated by Art. 26.1 of the Law of the Russian Federation "On Protection of Consumer Rights" and the Rules for the sale of goods by remote means, approved by Decree of the Government of the Russian Federation of September 27, 2007 No. 612.

When buying goods remotely, you need to know the following:

1. The seller who sells the goods remotely must necessarily indicate the address for the return of the goods in case of such a need.

2. when the ordered goods are delivered, the consumer needs to study the information about the goods and the manufacturer, which should contain:

Name of product;
information about the main consumer properties of the goods;
information about the warranty period, if any;
information about the service life or shelf life of the goods, as well as information about the necessary actions of the consumer after the specified periods and possible consequences if such actions are not taken, if the goods after the specified periods pose a danger to the life, health and property of the buyer or become unsuitable for their intended use ;
address (location), full company name (name) of the seller;
information on the mandatory confirmation of the compliance of goods with mandatory requirements that ensure their safety for the life, health of the buyer, the environment and the prevention of damage to the buyer's property in accordance with the legislation of the Russian Federation;
price, order and terms of payment for the goods.

The specified information must be brought to the attention of the buyer in writing at the time of delivery of the goods (for imported goods - in Russian).

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Information about the goods is brought to the attention of the buyer in the technical documentation attached to the goods, on labels, by marking or in another way accepted for certain types of goods.

The seller is obliged to transfer the goods to the buyer in the manner and terms established by the contract.

If the delivery period is not specified in the contract and there is no way to determine this period, the goods are transferred by the seller to the buyer within a reasonable time. Obligations not fulfilled within a reasonable time, the seller must fulfill within seven days from the date of the buyer's demand for its fulfillment. For violation of the delivery time, the seller is liable in accordance with the civil legislation of the Russian Federation.

If the delivery of the goods is made within the terms established by the contract, but the goods were not transferred to the buyer due to his fault, the subsequent delivery is made within the new terms agreed by the seller, after the buyer re-pays the cost of services for the delivery of the goods.

If the goods were paid for in advance, but were not delivered on time due to the fault of the seller, the seller will be liable for violation of the deadline for the transfer of goods in accordance with Art. 23.1 of the Law "On Protection of Consumer Rights", namely:

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In case of violation of the deadline for the transfer of the prepaid goods to the consumer, established by the purchase and sale agreement, the seller shall pay him for each day of delay a penalty (penalty) in the amount of half a percent of the amount of the prepayment for the goods. The penalty (penalty) is collected from the day when, under the contract of sale, the transfer of goods to the consumer should have been carried out, until the day the goods were transferred to the consumer or until the day the consumer's demand for the return of the amount previously paid by him is satisfied. However, the amount of the penalty (penalty) collected by the consumer cannot exceed the amount of the advance payment for the goods.

Upon receipt of the goods, it is necessary to check the integrity, completeness of the goods, the conformity of the delivered goods with the ordered, the availability of accessories for the goods and documentation for the goods, and other characteristics and data of the delivered item.

The seller is not entitled to offer the consumer goods that are not specified in the initial offer of goods for sale, as well as demand payment for them (clause 19).

Grounds for returning goods purchased remotely

The return of goods to the seller, who trades remotely, may take place in the following cases:

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1. due to the receipt of goods of inadequate quality, the presence of defects in the goods

In Art. 18 of the Law of the Russian Federation "On Protection of Consumer Rights" and clause 29 of the Rules for the sale of goods by remote means, the buyer's right is secured in the event of receiving goods of inadequate quality to:

gratuitous elimination of product defects,
reimbursement of costs for their correction by the buyer or a third party,
demand for a commensurate reduction in the purchase price,
replacement for a product of a similar brand (model, article) or for the same product of another brand (model, article) with a corresponding recalculation of the purchase price.
refuse to fulfill the contract and demand a refund of the amount paid for the goods when returning the goods to the seller.

In relation to a technically complex product, the consumer, in the event that significant shortcomings are found in it, has the right to refuse to fulfill the contract of sale and demand a refund of the amount paid for such a product or demand its replacement with a product of the same brand (model, article) or with the same product another brand (model, article) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer of such goods to the consumer. After this period, these requirements are subject to satisfaction in one of the following cases:

discovery of a significant defect of the goods;
violation of the terms established by the Law of the Russian Federation "On Protection of Consumer Rights" for the elimination of product defects;
the inability to use the product during each year of the warranty period in the aggregate more than thirty days due to the repeated elimination of its various shortcomings.

2. due to the refusal of goods of good quality, not suitable size, completeness, etc.

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Return of goods of proper quality is possible if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified goods are preserved. However, the buyer's lack of this document does not deprive him of the opportunity to refer to other evidence of the purchase of goods from this seller.

The buyer does not have the right to refuse goods of good quality, having individually defined properties, if the specified goods can be used exclusively by the consumer who purchases it.

(c) Governance Federal Service for Supervision in the Field of Consumer Rights Protection and Human Welfare in the Sakhalin Region,

Address: Yuzhno-Sakhalinsk, st. Chekhov, 30-A

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Remote way of buying goods

Good afternoon, dear reader.

In the fifth article of the series "Overview of the law on consumer protection" we will talk about the features of distance selling goods. If you missed the previous articles, then I recommend starting from the first part, because. many basic concepts, which will be used below, were discussed earlier.

This article will address the following questions:

By tradition, all the issues discussed will be accompanied by examples related to cars. However, the information below also applies to other purchases made remotely. Let's get started.

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Remote method of selling goods

Currently, remote purchases have firmly entered the life of Russian motorists. It is surprising to find that many buyers purchase more than half of the goods remotely. As for automotive products, here the percentage of remote purchases is even higher on average. The reason for this is that each vehicle requires individual parts that have to be ordered remotely using their codes.

So, the rules for selling goods remotely are regulated by Article 26.1 of the Law "On Protection of Consumer Rights".

1. A retail sale contract may be concluded on the basis of familiarization of the consumer with the description of the goods proposed by the seller through catalogs, brochures, booklets, photographs, means of communication (television, postal, radio communications and others) or other means that exclude the possibility of direct acquaintance of the consumer with the goods or sample goods at the conclusion of such an agreement (remote method of selling goods) by methods.

Please note that this article lists several purchase options that relate to the remote method. Nevertheless, special attention should be paid to the phrase "excluding the possibility of direct acquaintance of the consumer with the product or a sample of the product." That is, the remote method includes all purchases in which the buyer cannot “hold the goods in his hands” before the purchase.

In practice, the distance selling method includes:

Buying automotive electronics through online stores. For example, you can order a video recorder or parking sensors via the Internet. In this case, the order can be delivered both by mail and by courier companies.
Ordering spare parts for a car according to their codes through special catalogs. Delivery in this case is carried out to the office of the company involved in sales.
Ordering components in organizations that do not have a trading floor. Currently, there are shops in which computers are displayed instead of goods to familiarize themselves with catalogs. The buyer can choose a product from the electronic catalog and then purchase it. Despite the fact that the order and payment take place in the office, the buyer does not have the opportunity to get acquainted with the goods, so the sale is remote.
Some organizations offer, among other things, the purchase of cars remotely. However, this option is still quite exotic for Russia.

If desired, you can find other schemes related to the distance sale of goods.

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Provision of information for remote purchase

Before concluding a sales contract, the seller must provide the buyer with the following information:

2. Before the conclusion of the contract, the seller must provide the consumer with information on the main consumer properties of the goods, on the address (location) of the seller, on the place of manufacture of the goods, on the full trade name (name) of the seller (manufacturer), on the price and on the conditions for purchasing the goods, about its delivery, service life, shelf life and warranty period, about the procedure for paying for the goods, as well as about the period during which the offer to conclude a contract is valid.

Basically, remote purchases are made through online stores. Stores of serious companies contain all the necessary information and the consumer can get acquainted with it before paying for the purchase.

If there is no information on the seller's website, then he must provide it to you at your request. So feel free to ask. It is especially important to have information about the seller himself, because they may be required in the event of disputes regarding the purchase.

In addition, the seller must provide additional information at the time of delivery of the goods:

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3. At the time of delivery of the goods, the consumer must be provided in writing with information about the goods provided for in Article 10 of this Law, as well as information provided for in paragraph 4 of this Article on the procedure and terms for returning the goods.

Article 10 contains full information about the manufacturer, seller and transferred goods, and paragraph 4 of Article 26.1 will be discussed below.

Return of goods of good quality upon remote purchase

The remote method of selling goods allows you to return any goods according to a simplified scheme.

Terms of return of goods

4. The consumer has the right to refuse the goods at any time before its transfer, and after the transfer of the goods - within seven days.

The buyer can return any product within 7 days from the date of transfer or refuse to purchase at any time before the transfer.

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At the same time, if the seller did not provide the buyer with information on the procedure and terms of return, the return period is extended to 3 months:

If information on the procedure and terms for the return of goods of good quality was not provided in writing at the time of delivery of the goods, the consumer has the right to refuse the goods within three months from the date of transfer of the goods.

What items can be returned?

However, only unused items can be returned:

Return of goods of proper quality is possible if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified goods are preserved. The consumer's lack of a document confirming the fact and conditions of the purchase of goods does not deprive him of the opportunity to refer to other evidence of the purchase of goods from this seller.

So if after a remote purchase you are still not sure that you want to keep the purchased product, then you need to save its packaging, brand labels, etc.

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Please note that this article is not related to the list of goods that cannot be returned or exchanged. Unlike a purchase in a store, the remote method allows you to return absolutely any product without explaining the reasons for the return.

What items cannot be returned?

The Consumer Rights Protection Law also contains situations in which it is impossible to return goods:

The consumer does not have the right to refuse goods of good quality, having individually defined properties, if the specified product can be used exclusively by the consumer acquiring it.

For example, if you buy car seat covers on the Internet, on which your name will be embroidered at your request, then you will not be able to return them to the manufacturer. The same applies to key fobs with car number and other things made for you individually.

Refund for goods

The refund of the amount paid for the remote purchase of goods is described in the following paragraph:

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Refunds for goods have the following features:

The money must be returned to the buyer within 10 days.
The buyer is not refunded the entire amount paid for the goods. The cost of the purchase is deducted from the cost of the seller for the delivery of the returned goods from the consumer.

Suppose a driver has purchased a video recorder in an online store worth rubles. The cost of postage was 400 rubles. The buyer decided to return the goods and sends it to the seller transport company for 600 rubles. In this case, the seller will return the buyer rubles. 600 rubles for return shipping will not be returned to the buyer.

Return of goods of inadequate quality upon remote purchase

Return of goods with defects is carried out in accordance with paragraph 5 of Article 26.1:

5. The consequences of the sale of goods of inadequate quality by the remote method of selling goods are established by the provisions provided for in the article of this Law.

The issue of returning goods with defects is discussed in detail in a separate article. In this case, the return procedure does not depend on whether the product was purchased in a store or remotely.

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In conclusion, I want to note that the law "On the Protection of Consumer Rights" gives the buyer a good opportunity to refuse a product that he does not like in the event of a remote purchase. Well, in the next article in the series, we will talk about how to draw up documents (application) when returning goods to the seller.

Good luck on the roads!

Good afternoon. Tell me what to do if, when returning the goods that I purchased remotely, the contract states the condition that when returning the goods unilaterally, the seller retains 50% of the cost of the goods for delivery.?

To begin with, demand from the seller in writing to return the full cost of the goods paid under the contract. If the seller refuses, go to court, because. Only the cost of shipping from the consumer to the seller is non-refundable.

Good luck on the roads!

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I have such a situation that the goods cost. When returning the goods, they will refund me only 8000 rubles. (It's written in the contract). But at the same time, there is no specific amount for the delivery of goods in the contract, although, according to the law of consumer rights, they must clearly indicate the cost of each service, and not mislead the consumer! Is it so?

The cost of shipping the goods from you to the seller is not paid. Pay this amount yourself, and save the payment document.

Shipping costs from the seller to you must be refunded.

Good luck on the roads!

Bought a built-in freezer online. The goods delivered by the courier were inspected and paid for, while there was no written contract with explanations on the return procedure or an act of transferring the goods, as well as my signature. Only receipt and warranty card. During installation, the freezer turned out to be higher than the niche in which it should be built. When contacting the store to replace the goods or return the money, they refused me, referring to the fact that the packaging was opened, although it was preserved and all the branded stickers on it were preserved. They say the presentation is violated and the delivery of goods to the house excludes the fact of remote sale. Is it so?

Free legal advice:

Valentina, home delivery of goods does not exclude the fact of remote sale. If you bought goods via the Internet, then this is definitely a distance sale.

Write a written request to accept the goods from you and send it to the seller by registered mail with a description of the attachment and a return receipt. If he refuses you, you can go to court.

Good luck on the roads!

The seller sent shoes a size larger than ordered. On my claims, he offers to return it as unsuitable at my expense. What are my rights and what sanctions can be applied to the seller?

Ilya, Article 12 of the Law "On Protection of Consumer Rights":

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1. If the consumer is not given the opportunity to immediately receive information about the product (work, service) when concluding the contract, he has the right to demand from the seller (executor) compensation for losses caused by unreasonable evasion from concluding the contract, and if the contract is concluded, refuse to execute it within a reasonable time and demand the return of the amount paid for the goods and compensation for other losses.

Write a written claim to the seller and send it by registered mail with a description of the attachment and a return receipt. If the seller refuses to return the money and pay damages, go to court.

Good luck on the roads!

I ordered a fox fur coat remotely, choosing the color and length. When ordering, there was no word that the order was individual. The seller only asked about my size and chest circumference. Before ordering, the seller also sent photos and videos of what the fur coat looks like, then they sent me my fur coat. And they sent me a photo of my finished fur coat, and it is fundamentally different from the photo of the one sent before ordering. The fur is not of such and such quality, not even stripes of fur. I asked to send more photos to make sure, I was refused. Then I refused delivery and asked for a refund. They refuse me because they say that this is an individual order. If the product does not suit the quality, I can not return my money? Is it so?

If you are sure that you are right, then go to court. There you will need to prove that you have not been told that the order has individually defined-defined properties. The seller will prove otherwise. Documents and correspondence with the seller will be used as evidence.

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Distance Selling Law Return to Seller

The sale of goods via the Internet is becoming more and more popular and in demand, however, at the same time, there are many difficulties in terms of advertising goods, their sale, as well as the return of goods of inadequate quality. This article will tell you how to avoid possible mistakes and how to trade via the Internet correctly.

Trade via the Internet in Russian legislation sounds like a “remote method of selling goods” and is regulated by:

the Civil Code of the Russian Federation;
Law of the Russian Federation "On Protection of Consumer Rights" No. 07.02.1992;
Federal Law "On Advertising" No. 38-FZ of March 13, 2006;
Federal Law No. 381-FZ of December 28, 2009 “On the Fundamentals of State Regulation of Trading Activities in the Russian Federation”;
Decree of the Government of the Russian Federation “On Approval of the Rules for the Sale of Goods by Remote Method” No. 612 dated September 27, 2007;
Letter of Rospotrebnadzor "On monitoring compliance with the Rules for the sale of goods by remote means" No. 0100 / dated 12.10.2007;
Letter of Rospotrebnadzor "On the suppression of offenses in the remote method of selling goods" No. 0100 / dated 04/08/2005.

The sale of goods by remote means is nothing more than the sale of goods under retail sale contracts concluded by buyers on the basis of information received by them from catalogs, prospectuses, booklets, through means of communication, or in other ways that exclude the possibility of direct acquaintance of buyers with goods or samples of goods at the conclusion of such contracts.

Conclusion of a contract for the sale of goods remotely

In accordance with the second paragraph of Article 497 of the Civil Code of the Russian Federation, a retail sale and purchase agreement may be concluded:

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on the basis of familiarization of the buyer with the description of the goods proposed by the seller through. means of communication or in other ways, excluding the possibility of direct acquaintance of the consumer with the goods or a sample of the goods at the conclusion of such an agreement.

In accordance with Article 26.1 of the Law of the Russian Federation "On Protection of Consumer Rights", even before the conclusion of the contract, the seller must provide the consumer with the following information:

main consumer properties of the goods;
location of the seller;
place of manufacture of goods;
full company name of the seller or manufacturer;
price and terms of purchase of goods;
features of the delivery of goods;
service life, shelf life and warranty period;
order of payment for goods;
the period during which the offer to conclude the contract is valid.

This information can be provided either in the form of advertising, or as an annotation to the product, or in the form of a public contract of sale posted on the seller's website.

Also, in accordance with Article 8 of the Law “On Advertising”, the following information about the seller must be indicated in the advertisement of goods when they are sold remotely:

Name;
location;
state registration number of the record on the creation of a legal entity;
surname, name, patronymic and main state registration number of the entry on state registration individual as an individual entrepreneur.

When selling goods remotely, the seller is obliged to offer the buyer services for the delivery of goods by sending them by mail or transportation, indicating the method of delivery and mode of transport used (clause 3 of the Rules for the Sale of Goods by Remote Method).

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To deliver the goods to the place specified by the buyer, the seller may use the services of third parties (with the obligatory informing the buyer about this).

At the time of delivery of the goods, the buyer must also be provided with written information on the procedure and terms for returning the goods, as well as the following information about the goods:

the name of the technical regulation or other designation established by the legislation of the Russian Federation on technical regulation and indicating the mandatory confirmation of the conformity of the goods;
main consumer properties of goods (works, services),
information about the composition of food products, nutritional value, their purpose, conditions for the use and storage of food products, methods for preparing ready-made meals, weight, date and place of manufacture and packaging, as well as information about contraindications for certain diseases.
the price in rubles and the conditions for the purchase of goods, including when providing a loan, the amount of the loan, the full amount payable by the consumer, and the repayment schedule for this amount;
warranty period, if any;
rules and conditions for the efficient and safe use of goods;
information on the energy efficiency of goods in respect of which the requirement for the availability of such information is determined in accordance with the legislation on energy saving and on improving energy efficiency;
the service life or shelf life of the goods, as well as information about the necessary actions of the consumer after the expiration of the specified periods and possible consequences if such actions are not taken, if the goods after the expiration of the specified periods pose a danger to the life, health and property of the consumer or become unsuitable for their intended use;
location, company name of the seller;
information on mandatory confirmation of conformity of goods, if the law establishes mandatory requirements ensuring their safety for the life, health of the consumer, the environment and preventing damage to the consumer's property;
information about the rules for the sale of goods;
an indication of a specific person who will perform the work, for example, the delivery of goods;
an indication of the use of phonograms in the provision of entertainment services by performers of musical works;
if the product purchased by the consumer was in use or a defect (shortcomings) was eliminated in it, the consumer must be provided with information about this.

This information can be provided both in the form of a sales contract, and in the form of technical documentation attached to the goods, on labels, markings or otherwise.

A contract for the retail purchase and sale of goods concluded remotely is considered executed from the moment the goods are delivered to the place specified in such an agreement, and if the place of transfer of the goods is not determined by such an agreement, from the moment the goods are delivered to the place of residence of the buyer-citizen or the location of the buyer - legal entity.

Cancellation of any item purchased online

The rights of a consumer who buys goods via the Internet are protected in a special way. This is due to the fact that the buyer cannot feel the product with his hands and evaluate its quality and features until he buys it.

That is why the buyer can refuse the purchase until the transfer of the goods by the online store. At the same time, the buyer must reimburse the seller for the costs incurred in connection with the performance of actions to fulfill the contract (Article 497 of the Civil Code of the Russian Federation). Such activities may include the delivery of goods.

Also, the consumer has the right to refuse the goods within seven days after receiving it. And if information on the procedure and terms for returning goods of good quality was not provided in writing at the time of delivery of the goods, then the consumer has the right to refuse the goods within three months from the date of transfer of the goods (Article 26.1. of the Law "On Protection of Consumer Rights" ).

* However, it should be noted that this provision is valid only for distance selling. When buying a product in a regular store, you can return it only if defects are found in the product. If the quality of the goods is in order, then it can only be exchanged. For the exchange of goods of good quality in ordinary, non-virtual stores, 14 days are given.

The return of goods of good quality to the online store is possible if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified goods are preserved. The consumer's lack of a document confirming the fact and conditions of the purchase of goods does not deprive him of the opportunity to refer to other evidence of the purchase of goods from this seller.

The consumer does not have the right to refuse a product of proper quality, having individually defined properties, if the specified product can be used exclusively by the consumer who purchases it.

If the consumer refuses the goods, the seller must return to him the amount of money paid by the consumer under the contract, with the exception of the seller's expenses for the delivery of the returned goods from the consumer, no later than ten days from the date the consumer presents the relevant demand.

Refusal of goods of inadequate quality purchased via the Internet

For distance selling apply general provisions on the return of goods, provided for in Article 18 of the Law "On Protection of Consumer Rights".

In particular, this article says that the consumer, in the event that defects are found in the goods, if they have not been specified by the seller, at his choice, has the right to:

demand a replacement for a product of the same brand (the same model and (or) article);
demand a replacement for the same product of a different brand (model, article) with a corresponding recalculation of the purchase price;
demand a commensurate reduction in the purchase price;
demand immediate gratuitous elimination of product defects or reimbursement of expenses for their correction by the consumer or a third party;
refuse to fulfill the contract of sale and demand the return of the amount paid for the goods. At the request of the seller and at his expense, the consumer must return the goods with defects.

In this case, the consumer has the right to demand also full compensation for losses caused to him as a result of the sale of goods of inadequate quality. Losses are reimbursed within the time limits established by law to meet the relevant requirements of the consumer.

If the consumer has found flaws in a technically complex product, then he can:

refuse to fulfill the contract of sale and demand the return of the amount paid for such goods
present a demand for its replacement with a product of the same brand (model, article) or the same product of a different brand (model, article) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer of such goods to the consumer.

After this period, these requirements are subject to satisfaction in one of the following cases:

upon detection of a significant defect of the goods;
in case of violation of the terms established by this Law for the elimination of defects in the goods;
if it is impossible to use the product during each year of the warranty period in the aggregate more than thirty days due to the repeated elimination of its various shortcomings.

The list of technically complex goods is established by the Decree of the Government of the Russian Federation "On approval of the List of technically complex goods in respect of which the consumer's requirements for their replacement are subject to satisfaction in the event of significant defects in the goods" No. 575 dated May 13, 1997.

Return policies

The seller is responsible for the defects of the goods for which the warranty period is established, unless he proves that they arose after the transfer of the goods to the consumer as a result of the consumer's violation of the rules for the use, storage or transportation of the goods, the actions of third parties or force majeure.

The seller is responsible for the defects of the goods for which the warranty period is not established, if the buyer proves that they arose before the transfer of the goods or for reasons that arose before that moment.

The seller is obliged to accept the goods of inadequate quality from the consumer and, if necessary, to check the quality of the goods. The buyer has the right to participate in the quality control of the goods.

The absence of a cash or sales receipt or other document certifying the fact and conditions of the purchase of goods by the buyer is not a basis for refusing to satisfy his requirements.

Delivery of bulky goods and goods weighing more than five kilograms for repair, markdown, replacement and (or) their return to the consumer is carried out by and at the expense of the seller.

In the event of a dispute about the reasons for the appearance of defects in the goods, the seller is obliged to conduct an examination of the goods at his own expense.

Examination of goods is carried out within the time limits established by Articles 20, 21 and 22 of the Law "On Protection of Consumer Rights". The buyer has the right to be present during the examination of the goods and, in case of disagreement with its results, to challenge the conclusion of such an examination in court.

If, as a result of the examination of the goods, it is established that its defects have arisen due to circumstances for which the seller is not responsible, then the buyer is obliged to reimburse the seller for the costs of conducting the examination, as well as the costs of storing and transporting the goods associated with it.

In case of revealing significant defects in the goods, the consumer has the right to present a claim for the free elimination of such defects, if he proves that they arose before the transfer of the goods to the consumer or for reasons that arose before that moment. The said claim may be brought if the defects of the goods are discovered after two years from the date of transfer of the goods to the consumer, during the service life established for the goods, or within ten years from the date of transfer of the goods to the consumer in case the service life has not been established. This requirement must be satisfied within twenty days from the date of its presentation by the consumer.

If the elimination of defects is impossible, then the consumer, at his choice, has the right to exchange or return the goods to the manufacturer and demand a refund of the amount paid.

When the buyer returns goods of good quality, an invoice or an act on the return of goods is drawn up, which indicate:

full company name (name) of the seller;
surname, name, patronymic of the buyer;
Name of product;
date of conclusion of the contract and transfer of goods;
the amount to be returned;
signatures of the seller and the buyer (representative of the buyer).

The seller's refusal or evasion from drawing up an invoice or act does not deprive the buyer of the right to demand the return of the goods and (or) the return of the amount paid by the buyer in accordance with the contract.

If the return of the amount paid by the buyer in accordance with the contract is not carried out simultaneously with the return of the goods by the buyer, the return of the specified amount is carried out by the seller with the consent of the buyer in one of the following ways:

in cash at the location of the seller;
postal transfer;
by transferring the appropriate amount to the buyer's bank or other account specified by the buyer.

The seller bears the cost of returning the amount paid by the buyer in accordance with the contract.

Deadlines for filing claims

The buyer has the right to make claims regarding the defects of the goods if they are discovered during the warranty period or the expiration date. In cases where the warranty period provided for by the contract is less than two years and the defects of the goods are discovered by the buyer after the expiration of the warranty period, but within two years, the consumer has the right to present claims to the seller if he proves that the defects of the goods arose before it was transferred to the buyer or for reasons arising from up to this point.

With respect to goods for which warranty or expiration dates are not established, the consumer has the right to file a claim if defects in the goods are discovered within a reasonable time, but within two years from the date of their transfer to the consumer, unless longer periods are established by law or contract.

The warranty period of the goods, as well as its service life, is calculated from the day the goods are transferred to the consumer, unless otherwise provided by the contract. If it is impossible to determine the day of transfer, these terms are calculated from the date of manufacture of the goods.

For seasonal goods (shoes, clothing and others), these periods are calculated from the moment of the onset of the corresponding season, the onset of which is determined by the constituent entities of the Russian Federation, respectively, based on the climatic conditions of the location of consumers.

When selling goods via the Internet, these terms are calculated from the day the goods are delivered to the buyer. If the day of delivery cannot be determined, then the terms are calculated from the date of conclusion of the contract of sale.

The terms for eliminating defects in goods, replacing goods of inadequate quality and satisfying individual consumer requirements are established by Articles 20, 21 and 22 of the Law "On Protection of Consumer Rights". In these cases, the general rules for the sale of goods apply to online trading.

For the most part, it can be said that although online trading bears little resemblance to retail sale in stationary stores or even mobile outlets, the principles of buying and selling goods are the same everywhere. The rights of consumers are equally protected, and sellers must comply with all requirements established by law: necessary contracts, provide the necessary information, keep accounting records, pay taxes, be responsible for the quality of goods and, if necessary, compensate for the losses incurred by the buyer.

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