No matter how many obstacles officials create. Just recently, a case of administrative violation was opened against a resident of Surgut for importing the Sony Playstation-4 game console. And all because the set-top box can access the Internet using encryption (cryptographic) means. It would seem that this is absurd, but it turned out that there are things even more absurd.
At the end of April 2017, customs began to unwrap parcels containing Xiaomi products, citing counterfeit products. In fact, of course, there is no counterfeit. This article includes parallel imports, when products are supplied not only by official importers. The justification given is the illegal use of the Xiaomi trademark. If previously the ban on parallel imports applied only to goods and services for sale, now it suddenly began to apply to the import of goods for own use individuals.
The legality of customs actions raises questions. Moreover, goods supplied for commercial purposes are recognized as counterfeit by a court decision, while parcels with Xiaomi goods for individuals arriving from abroad are simply turned back by customs.
The Federal Customs Service of Russia maintains a register of intellectual property objects. Customs authorities may suspend the release of goods that violate the rights to objects intellectual property, including the right to use trademarks. In the case of parcels for individuals, the Federal Customs Service independently determines signs of counterfeit products, based on the data of the copyright holder.
The letter of the Federal Customs Service of Russia dated March 15, 2017 N 14-40/12293 “On the XIAOMI trademark” specifies measures to protect the Xiaomi trademark. Beijing Xiaomi Technology Co., Ltd is listed as the copyright holder of the Xiaomi trademark, and the following are listed as official importers:
- LLC "SMART ORANGE"
- LLC "MIXTECH"
- LLC "Retentive Distribution Company"
- LLC "Consul"
I have only one answer to such actions by official Xiaomi importers - a complete boycott of this company’s products. It makes no sense to pay Russian sellers 2 times more for Xiaomi smartphones. And ignoring the problem will soon lead to a complete ban on the parallel import of electronics in international postal items (IPO). The same iPhone, Sony and Nokia trademarks are on the same intellectual property registry.
Before the goods are transferred to the buyer, you can cancel the purchase at any time. If the order is prepaid, you can return the entire payment amount back to the card by writing to
Return
At the time of buying remotely(With courier delivery) in the online store website, you can return goods of proper quality within 7 (seven) days from the date of receipt of the goods (Law on the Protection of Consumer Rights of the Russian Federation, Article 26.1). In this case, shipping costs are paid by the buyer.*
If technical faults are detected, the buyer may refuse the goods within 14 days from the date of receipt of the goods. In this case, a technical examination will be carried out. (after the specified period the product is subject to warranty repair)
The returned item must be:
- - fully equipped
- — without traces of use and mechanical damage, maintaining its presentation and consumer qualities
- - in undamaged original packaging
- — with preservation of all types of markings and protection, seals, factory labels
- — with original documents confirming the purchase of goods: invoice, cash receipt(in the presence of)
Please note: the return conditions do not imply the operation of the equipment, use for testing purposes or other use of the goods. We accept your right to change your mind, but may refuse returns or exchanges on used items.
If a gift or additional accessories were included with the product, they are also subject to return in accordance with the specified rules.
* This condition only applies when purchasing online from the online store website
To return, follow these steps:
- Fill out the form for returning/exchanging goods (Download)
- Send a scan of the application to support.ru@site. You can confirm receipt of the application by calling the hotline.
- Our operator will contact you to confirm the return and how to send the item back to the store. Shipping costs are paid by the buyer. You can bring the goods yourself to the returns collection point at the address: Moscow, Varshavskoe shosse, 1, building 1-2, office A110
- Along with the goods, you must provide the courier with the original application for replacement and documents confirming the purchase.
- If there are no complaints about the configuration and condition of the returned goods, cash will be returned within 10 business days of receipt at the warehouse. Refunds are made to the bank card from which the payment was made, or to the client's bank account.
- If you have any complaints, our operator will contact you:
- - if part of the kit is missing, their cost will be withheld
- — in case of mechanical damage to the product or packaging, an additional examination will be carried out
We deliver orders from 9 am to 6 pm, the courier will call you 30 minutes before arrival. In many cities we offer delivery during the time slots from 9 to 14 or from 1 to 18, as well as from 9 to 22. Order tracking DPD Predict (//www.dpd.ru/ols/trace2/eshop.do2?predict=changeDate&type=1)
2. Is it possible to pay for an order with a bank card if it is issued by cash on delivery?
You can find out whether you can pay for your purchase by card at points in your city using the link (//www.dpd.ru/dpd/otpravka/varianty-otpravki/blizhajshij-ofisterminal.do2)
3. How can I pay for my order if payment is made on delivery?
You can pay the order in cash to the courier or bank cards the following types: VISA, MasterCard, Sberbank-Maestro, Sberbank-VISA Electron, PRO100, Maestro, UnionPay, JCB.
4. What documents must be provided upon receipt of the order?
The courier or employee of the delivery point must provide an identification document. If you are a representative of the recipient, you must present a notarized power of attorney.
When delivering an order, the delivery driver or an employee of the parcel delivery and acceptance point must make sure that the recipient is the person in whose name the order was placed.
When delivering by courier, an identity document is not required if the amount to be paid is less than 15 thousand rubles. If the cost of the order exceeds 15 thousand rubles, then, according to current legislation, the courier can only release the parcel to the recipient himself or his representative upon presentation of the relevant documents. List of identification documents:
- Citizen's passport Russian Federation
- Military ID (for military personnel)
- Driver's license
- Residence permit issued by internal affairs bodies to foreign citizens National passport or identity card with a “Visa” insert issued by the relevant authorities, or certificate of registration at the place of residence or stay (for foreign citizens and stateless persons)
5. To which regions is delivery possible?
Moscow and Moscow region.
St. Petersburg and Leningrad region.
Central Russia and other regions of the Russian Federation (including Kaliningrad).
Far East (only: Vladivostok, Blagoveshchensk, Khabarovsk).
Delivery is not carried out to Crimea and the Crimean region, Kaliningrad region.
6. How long does it take to deliver the goods?
Note: Delivery time is for your reference.
7. Do you provide free shipping?
Yes. For orders totaling over 1000 rubles. provided free shipping. (Except for Mi LED TV, delivery cost for Mi LED TV: 368 rub.)
For orders totaling less than RUB 1,000. delivery cost is 700 rubles.
8. Can I change my delivery address?
Once an order has been placed, you will not be able to change your shipping address. You must cancel the order and place a new one, indicating the desired delivery address. If the order has been paid for, your payment will be returned to you in accordance with the terms and conditions of the refund.
9. Who are the delivery partners?
To carry out delivery on the territory of the Russian Federation, we cooperate with transport company DPD.
IN Lately There were cases when Orienburg customs began to unwrap parcels with Xiaomi phones purchased on AliExpress. When contacting customs for an official explanation of the reason why this product was stopped, they give the following answer: Since March 2017, the official Xiaomi online store in Russia, Smart Orange (a marketing division of RDC Group), has acquired the rights to sell Xiaomi products in Russia. Therefore, phones imported into Russia that have not been approved by the company are counterfeit. A reasonable question arises here - why did Smart Orange LLC not ban the sale of these products on the AliExpress site, but influence customs, which stops parcels that are goods for personal use, and certainly non-counterfeit?
In accordance with paragraph 2 of Article 328 of the Customs Code of the Customs Union: “2. Measures to protect rights to intellectual property are not applied by customs authorities in relation to goods transported across the customs border: 1) by individuals for personal use, including those sent to their address in international mail;"
What should I do if the parcel with the Xiaomi phone was not passed by the customs?
If you are expecting a Xiaomi phone and you see that in tracking your postal item If a status with customs refusal in registration appears, then you should write an official appeal to the relevant customs department with a request to inform about the reasons for the refusal. Attach the official response to open dispute on AliExpress. 
On this moment there is information that Xiaomi phones go through customs at Vnukovo. Basically, they unpack parcels arriving at customs in Orenburg. Therefore, if you want to buy a Xiaomi phone, then it is better to write to the seller first and find out about the delivery method, so that the parcel does not end up in Orenburg.
After a wave of complaints to the Investigative Committee, the Federal Antimonopoly Service, the prosecutor’s office and the media, customs officers stopped “wrapping” parcels from China
Customs began to let through parcels containing phones ordered by Russians from foreign online stores. Let us remind you that in April there were thousands of orders, mainly with Xiaomi brand mobile phones, Federal customs Service froze, seeing in them signs of counterfeit. Buyers who did not receive orders considered these actions arbitrary and suspected customs officials of collusion with dealers who sell the same devices in Russia at one and a half to two times the price, and began to complain to the regulatory authorities. After the uproar, smartphones began to be released, but it is not known whether the conflict has been settled: the FCS considers its actions legal, as does the Association of Internet Trade Companies. Details are in the material of Realnoe Vremya.
Telephone amnesty, or Customs gave the go-ahead
The Federal Customs Service has begun to allow smartphones from China to pass through. On page There is joyful excitement on the social network created by Russians who did not receive their packages. If just a few days ago they posted samples of complaints about the actions of customs officers to the prosecutor's office, the Investigative Committee and the Antimonopoly Service, now - screenshots with tracking of parcels with the long-awaited “released by customs”. Almost all of our parcels were stuck at customs for 16-20 days.
“Oh, they released me for May 3rd. It looks like an amnesty. Or “Smart Orange” gave the go-ahead,” writes Irina Koroleva in the comments.
Let us remind you that problems with delays in smartphones ordered from Chinese online stores began in April. The Federal Customs Service included the Xiaomi trademark in the register of intellectual property based on an application from the copyright holder, which in Russia became Smart Orange LLC. According to the law, customs must notify a representative of the copyright holder about the import of a suspicious phone into the territory of the Eurasian Economic Union. Smart Orange, in turn, responded that this product had signs of counterfeiting and objected to its import. Thus, customs officers began returning thousands of phones back to China.
The Federal Customs Service included the Xiaomi trademark in the register of intellectual property based on the request of the copyright holder. Photo anrt.info
As representatives of the Federal Customs Service commented to Realnoe Vremya, “in accordance with Article 111 of the Customs Code of the Customs Union, customs officials, when performing customs operations, check documents and information, during which they send appropriate notifications to copyright holders about the identification of goods in the MPO that have signs of violation of rights intellectual property (counterfeit). When sending this notification to the right holder, the customs authority makes a decision to extend the period for the release of goods. If, according to the information provided by the copyright holder, the goods being sent are counterfeit, then the customs authorities, in cooperation with the Federal State Unitary Enterprise “Russian Post”, take measures to prevent the import into the Russian Federation of prohibited goods arriving at the MPO and ensure their immediate export from the Russian Federation.” .
Have you suddenly stopped finding signs of counterfeit in phones?
According to media reports, Smart Orange LLC asked customs to take a closer look at phones from China in order to stop “gray” supplies of smartphones and accessories under the Xiaomi brand. Perhaps the company saw the main threat in private entrepreneurs supplying gadgets bypassing official channels, but as a result, retail buyers who ordered smartphones for personal needs began to suffer. The actions of customs officers who “unfold” such parcels were called lawlessness by the President of the National Association of Distance Selling, Alexander Ivanov.
I have great doubts about the legality of this. With us, this story does not apply to goods for personal use - with the rights of individual distributors. Products for personal use are not subject to certification provisions or the law. What happened now is arbitrary. The question is whether the victims will sue and prove their case. The private individual has a weak position in this regard - he is practically powerless against the state. But the Chinese seller will not go to Russia to sue - for him this is a microscopic part of the business, - Alexander Ivanov told Realnoe Vremya.
What happened once the phones began to arrive to customers - did the customs officers change their position or did Smart Orange LLC suddenly stop finding signs of counterfeit in Xiaomi ordered directly from China? Smart Orange was unable to promptly comment on its position to Realnoe Vremya; we sent a request and are awaiting a response.
Buyers believe that an original Xiaomi phone purchased in China from an official dealer cannot be considered counterfeit - it is, without a doubt, original and manufactured in the sender’s country. Photo miui.su
Discounts for victims of greed
A wave of criticism fell on the official distributor from dissatisfied customers. They believe that an original Xiaomi phone purchased in China from an official dealer cannot be considered counterfeit - it is, without a doubt, original and manufactured in the sender’s country.
According to buyers, the distributor’s attempts to stop the supply of smartphones directly from China are connected “solely with greed.” The petition sent to the management of Beijing Xiaomi Technology Co., Ltd states that the official Xiaomi distributor in Russia is selling phones at excessively inflated prices.
“On average, it is 2 times higher than the price set on the manufacturer’s official website,” writes the author of the petition, Alexey Sadchikov.
In the official group on social networks, Xiaomi representatives in Russia are already tired of answering what the price of the product in Russia consists of.
“The pricing policy has already been mentioned earlier, however, we are ready to repeat it. The price of our products in Russia depends on many factors. Taxes and customs tariffs of the Russian Federation are one of the most important. In addition, we offer a number of services included in the price of the product: warranty service, localization, adaptation to the local market and much more,” answers the official distributor.
It is noteworthy that as soon as problems with phones being delayed at customs began, the distributor offered buyers whose phones were sent back to China “the maximum possible discounts on official Xiaomi products.” To do this, it was necessary to send confirmation that the goods were returned to the seller. From the messages under the post one could understand that the discounts were scanty and there was no hurry to take advantage of them.
According to Fedorov, cross-border online trading has long become a channel for obtaining small quantities of goods for commercial use. Photo allinvest.ru
AKIT protected customs
Against the actions of Smart Orange LLC, which declared war Chinese online stores, spoke out in public organization RosKomSvoboda and the National Association of Distance Selling. However, there are experts who agree with the position of the Federal Customs Service and the official distributor.
AKIT believes that the activities of the FCS are fully justified and correct from the point of view of the law. In our understanding, it is the copyright holder in the country where products under his brand are sold that must determine whether a particular product is counterfeit or not. With the rapid development of the Internet, cross-border online trading has become the main channel for the entry of counterfeit goods into our country. At the same time, for example, in classic imports, customs have long learned to stop the supply of counterfeit products. Cell phones arriving from abroad in parcels do not undergo certification and security checks (at the same time, all phones officially imported into the territory of the Russian Federation must be certified by the security authorities FSB and FSTEC), cannot be used when working with our telephone communication standards . This means that such goods cannot be legally sold in Russia, says Alexey Fedorov, president of the Association of Internet Trade Companies.
According to Fedorov, cross-border online trading has long become a channel for obtaining small quantities of goods for commercial use. Increasingly, for example, in the regions, a resourceful entrepreneur orders a batch of phones in several parcels “for personal use”, falling within the current duty-free import threshold of 1,000 euros in the Russian Federation. The sale of goods in this case takes place on the territory of the buyer, at the place where the goods were received, that is, such products are considered purchased in the territory of the Russian Federation, and not abroad.
The Association advised not to purchase goods from unofficial sellers and always remember that “the miser pays twice.” Photo miui.su
“Marginal sales of Apple phones are less than 3%”
Often, goods in foreign online stores are cheaper than their counterparts in Russia. AKIT believes that this is due to the fact that some models are not designed to work in our telecommunications networks. In addition, they do not have warranty and post-warranty service and maintenance.
In our work, we have repeatedly encountered a big misconception that Russian sellers receive 300-400% profit from the sale of one phone, which, of course, is not true. So, for example, the margin on the sale of Apple phones is less than 3%, while sellers receive income from the sale of accessories and equipment maintenance, but the difference is in the customs duties they pay Russian companies and their foreign competitors do not pay, reaches 28%. We understand perfectly well that today the Chinese counterfeit everything. At the moment, even in the vastness of the Runet you can find great amount sites selling copies and replicas (which is essentially just beautiful name counterfeit products). There is powerful production in China modern technology, however, in parallel with this, a huge number of underground factories producing branded goods are developing famous brands, which can be bought for very low prices, - says the president of the Association of Internet Trade Companies.
The Association advised not to purchase goods from unofficial sellers and always remember that “the miser pays twice.”
After receiving the goods, in most cases, you simply will not be able to return the money from the foreign seller, Alexey Fedorov is sure.
It should be noted that the Federal Customs Service in the case of Xiaomi smartphones did not confiscate the goods, but sent them back to the seller, who returned the money to the buyer.
Daria Turtseva
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