Purchasing goods remotely deadline. Remote way of purchasing goods. Providing information upon delivery

Selling goods remotely is a fairly popular way of doing business today. Already, more than a quarter of all retail turnover falls on this market share. Selling goods remotely is very convenient for all parties and has a number of significant features that distinguish it from trading in regular retail outlets.

Distance trading involves selling at ordinary contract, but it is considered concluded after the consumer becomes familiar with information about the product. The description of the rules for selling goods remotely is posted on the website, in a special booklet, in photographs or using other electronic means.

Among the legislative framework for the sale of goods remotely, we highlight the ZPPP, the federal law“On Advertising”, Civil Code of the Russian Federation. And yet, the main document that you should focus on when purchasing remotely is the “Rules for the sale of goods remotely.” Our article is about the main provisions of this law.

How is a purchase and sale agreement concluded remotely?

The Civil Code of the Russian Federation in Article 497 says that concluding a trade agreement when selling goods remotely is possible through familiarization with the characteristics of this product. It doesn't matter where this description is located. When there are no other ways to sign an agreement, then such a measure is considered acceptable.

What information must a store provide to a buyer before selling remotely? We read about this in Art. 26.1 ZPP:

Consumer properties of a thing;
Location of the store and place of production (manufacturing) of the goods;
Legal name of the manufacturer and seller;
Price, features of purchasing an item and methods of its delivery;
Expiration date or warranty;
Payment methods and rules;
Duration of the trade agreement proposal.

The rules of distance selling allow you to indicate this data in a public contract on the company’s website or in an advertising booklet. The Law “On Advertising”, Article 8, specifies slightly different data that the seller must provide.

In addition to the name of the enterprise and its location, it is required to indicate the registration number (issued when organizing legal entity). For delivery, the seller may use the services of third-party companies and third parties.

Information

If we're talking about about individual entrepreneurs, then as additional information he must disclose his full name and registration details.

Providing information upon delivery

Immediately upon delivery of the goods, the consumer must receive the following information:

Document on technical conformity of the product established standards quality;
Warranty period (if any) and rules for safe operation;
Determining consumer properties, main qualities of work and services;
When food products are delivered, they must be accompanied by information about their composition, storage conditions, contraindications, etc.;
Price in Russian currency and terms of loan repayment, its schedule and monthly payment amount (if purchased on credit);
Service life, actions after its expiration, information on the correct disposal of items with expired expiration dates;
Energy efficiency information (if required by law);
Location and address of the store;
Document on the environmental safety of the product;
Data on methods of selling goods of specific categories, types of delivery;
Data on the use of phonograms (if entertainment services related to the performance of songs are provided);
Information about defects if the product is used or after repair.

When selling goods remotely, this information is delivered to the buyer along with the goods. For example, as an investment in a box or as a separate trade agreement. The data can be marked on the packaging. Sometimes they stick labels or simply hand over a piece of paper with necessary information personally upon delivery.

Warning

The contract is fulfilled when the purchase is delivered to a pre-agreed place or to the citizen’s residential address (company address).

Features of remote purchase of goods

With the remote method of selling goods, the store delivers the goods on time. However, this period is not always specified in the contract; sometimes it is impossible to determine it exactly. In this case, there is one requirement for delivery times - reasonableness.

If delivery does not occur within an acceptable time frame, and the buyer makes a corresponding claim to the seller, then one week is allotted for its execution. If this deadline is violated, you can go to court to hold the store accountable.

It happens that delivery did not happen due to the fault of the consumer - for example, he was not at home at the right time. Then re-delivery within the established time frame is agreed upon with the seller, and the costs for it fall on the shoulders of the buyer.

Article 23.1 of the PPA regulates the seller’s liability in the event of delay in delivery of goods that have already been previously paid for. The organization will be obliged to pay the buyer a penalty in the amount of 0.5% of the cost of the goods for each day of delay.

The penalty is established from the day when the goods should have been delivered to the buyer. The penalty ends when the claims are satisfied. Otherwise – from the date of return of the previously paid price for the goods.

The amount of the penalty cannot exceed the cost of the item. That is, the maximum you can recover from the seller is double the purchase amount.

Attention

When receiving a parcel or delivery via courier, be sure to check the integrity of the purchase, its contents and the availability of complete information about the purchase. Check that the product is exactly what you wanted. The store cannot deliver other items to you and demand payment for them.

When returning purchases made in online stores, you must comply with a number of requirements, the most important of which are that the item is in good presentation and has no signs of wear or use. This is necessary so that the seller can sell the goods in the future.

To return the money, checks or an agreement are sent to the seller with a letter. It is possible to request an exchange of goods. The standard period for exchange is 14 days from the day following the day of purchase.

To return:

Send a written complaint to the organization to registered letter(or contact the manager on the website and agree on other return methods);
Find out the address to which the returned goods are sent;
Get your money back and send the item back to the store by mail or courier.

Any documents evidencing the fact of purchase are attached to the submitted claim. The return is considered completed after the seller issues an invoice or act. These documents formalize the refusal of the public offer legally.

IN Lately Remote is gaining more and more popularity. Along with the convenience and popularity of this method, it has many difficulties (for example, in the field of advertising goods, selling things, processing the return of goods of inadequate quality, and so on). It is important for both sellers and buyers to know the features and rules of distance selling.

Legislative regulatory framework

According to the second paragraph, a retail purchase and sale agreement can be concluded after the client familiarizes himself with the product description offered by the seller, which is recorded in a prospectus, booklet, catalog, photographs, on television, on social networks. Familiarization with the goods can occur in other ways if they exclude the possibility of the buyer directly familiarizing themselves with the goods.

IN normative legal acts this type of trade is considered as a remote method of selling. Issues regarding its implementation are considered by the following legislative acts:

Russian Civil Code.
Law Russian Federation No. 2300-1 “On the protection of consumer rights” (dated February 7, 1992).
Federal Law No. 38 “On Advertising” dated March 13, 2006.
Government Decree No. 612 regulating the rules for selling goods remotely (dated September twenty-seventh, 2007).
Federal Law No. 381, which defines the basis for regulation at the state level of commercial activities in Russia (dated December twenty-eighth, 2009).
Letter from Rospotrebnadzor No. 0100/2569-05-32 regarding the suppression of offenses in distance selling (dated April 8, 2005).
Letter from Rospotrebnadzor No. 0100/10281-07-32, considering the types of control over compliance with the requirements of Government Decree No. 612 (dated October 12, 2007).

Concluding contracts for the purchase and sale of goods remotely

Remote sales are the retail trade of various goods on the basis of purchase and sale contracts, which are concluded by buyers after studying information obtained from advertising brochures, catalogs, booklets, using social networks, websites and other means of communication, as well as through other methods that exclude the opportunity for the buyer to familiarize himself with the goods or their samples immediately before concluding the contract.

According to Art. 26.1 ZZPP (law protecting consumer rights in the Russian Federation), until the conclusion of an agreement between the seller and the buyer on the purchase of goods, the buyer has the right to receive from the seller the following information:

Consumer basic product properties.
Location.
Place of production of goods.
Full corporate name of the manufacturer and seller.
Terms and purchase price of this product.
Warranty, shelf life and service life.
Procedure and methods of payment for the selected product.
Duration of the offer to enter into a sales agreement.

The Law on Distance Selling determines that the listed information can be provided in the form of advertising, product annotations, or a public contract posted on the official website of the selling company.

The eighth article of the federal law on advertising specifies that a product or item purchased via the Internet must be accompanied by the following information about the seller:

Seller's location (legal and actual address).
Name and legal form.
State registration number of the record indicating that the specified legal entity was created.
Last name, first name, patronymic and state registration number of the entry indicating that the specified individual was registered as an individual entrepreneur.

The peculiarities of distance trading are that the seller must offer the potential buyer a delivery service for the purchased product. Delivery methods can be forwarding in the form of a postal item or transportation with a note about the delivery method and type of transport used (according to the third paragraph of the distance selling rules). The seller can carry out delivery on his own or by involving third parties (when using the second method, it is necessary to inform the buyer).

Information required to provide the buyer with information about the product

When arranging delivery of the purchased goods, the buyer is obliged to provide written information about the return of goods during distance selling, its procedure and other information. This information includes the following:

the name of the technical type regulation or other technical document established by Russian legislation, which will confirm the conformity of the specified product;
the main consumer properties of the purchased product, work performed or services provided;
data on the composition of the food product, its nutritional value, purpose, conditions of storage and use of the product, methods of preparing dishes using it, weight, place and date of production, time and place of packaging, the presence of contraindications for use in the presence of various diseases;
price in current currency (in rubles), terms of purchase of goods (for example, installments or credit, one-time payment, terms and schedules of loan repayment, and so on);
warranty period (if any);
conditions and rules for the safe and effective use of the purchased product;
information about the efficiency (energy) of the purchased product (if such information in relation to this type of product is provided for by legislation on increasing energy efficiency and energy saving);

shelf life and service life of goods, options for consumer action upon expiration of the specified period, possible consequences of using expired goods (harm to the health and life of the buyer, unsuitability);
location of the seller and company name;
information confirming that the product complies with established standards;
information about the rules for selling goods;
indication of a specific person who will deliver the purchased goods;
information about the early use of the product and the elimination of deficiencies identified in it (if such a fact occurred).

All specified information, according to the rules of distance selling, must be provided in the sales contract itself and in the technical documentation attached to the product (on the label, using markings, and so on).

The moment of execution of the contract for the purchase and sale of goods in the above manner is the moment of transfer of delivery of the specified goods to the point specified in the contract, or to the place specified by the citizen or legal entity (if a single delivery address is not specified in the contract).

Refusal of any product purchased online

Distance trading of alcohol and other goods determines special protection of the rights of consumers buying things via the Internet. This is due to the inability to inspect and touch the product before purchasing, to assess the quality of the purchased item and its features before receipt.

In connection with these facts, the legislation allows the buyer to refuse to make a purchase until the goods are transferred by the online store. According to Article 497 Civil Code, in case of refusal to receive the goods, the buyer is obliged to reimburse the selling organization for all expenses that it incurred due to actions aimed at fulfilling the contract (for example, to pay for delivery).

Article 26.1 of the law protecting consumer rights gives the buyer the right to refuse the purchased product before the expiration of seven days from the date of receipt. In cases where there is no information about the timing and procedure for returning an item of appropriate quality (not provided by the seller in writing upon delivery of the goods), the period for return is increased in favor of the consumer to three months.

The specified periods apply only to distance selling. In other cases, only goods that have defects can be returned. In relation to a quality product, only the item can be replaced with another (in color, size, etc.). In this case, the exchange period is limited to fourteen days.

When making purchases via the Internet on trading platforms, you can return the product only if its consumer properties, presentation and relevant documents are preserved. In the absence of documents, you can refer to other evidence that the item was purchased from this seller.

In some cases, refusal of a product of appropriate quality is impossible. This refers to objects that have properties of an individually defined type. In particular, we are talking about distance selling medicines and other goods that can only be used by the consumer who purchased it. When returning an item, the seller must return the amount of money to the buyer, minus the cost of delivery, within ten days.

Refusal of goods of inadequate quality purchased via the Internet

For online sales, the same return rules apply as for regular sales (the eighteenth article of the law protecting consumer rights).

If the buyer discovers a defect, he has the right to take one of five actions:

Demand that the item be replaced with exactly the same item.
Demand to replace the item with the same one, but with a different brand (with recalculation of the price if the cost is different).
Demand that the price for the product be reduced to a commensurate amount.
Demand that the seller immediately eliminate the identified deficiencies free of charge.
Refuse the product and demand a refund in exchange for the returned defective item.
Demand compensation for losses if they arose due to the purchase of a low-quality product.

Possible actions after the expiration of the deadlines established by law

During distance selling, it is also possible to return (replace) goods in the following cases:

if a significant defect is found in the product;
if the seller violated the deadlines established by law for eliminating identified deficiencies;
if the product cannot be used annually during the warranty period of more than thirty days due to the constant elimination of various defects.

Such rules apply to goods purchased via the Internet that are considered technically complex. Their list is established by the Resolution Russian government No. 575 dated May thirteenth, 1997.

Return Policy

At retail trade and distribution of goods through trading platforms The seller is equally responsible for the quality of the product and any deficiencies identified. Defects are the seller's responsibility if the buyer proves that they arose before he received the goods.

If deviations from quality parameters are detected, the seller must accept the item for quality check. The buyer may participate in this inspection. The absence of a receipt or other document certifying the fact of purchase is not considered a reason to refuse to accept the goods.

If the defective product is large or weighs more than five kilograms, its delivery for inspection, repair, replacement, discount or return is at the expense of the seller.

Carrying out an examination

According to Articles 20-22 of the law protecting consumer rights and the rules established by the National Distance Selling Association, the buyer has the right to be present during the examination of a defective product, as well as to challenge its conclusion if he does not agree with the results of the examination.

If during the inspection it is determined that the seller is not to blame for the occurrence of defects (the buyer’s fault, force majeure, etc.), the buyer is obliged to reimburse the seller’s expenses for the examination, transportation and storage of the goods.

If serious deficiencies are identified, the rules of distance selling allow for the possibility of requiring the seller to eliminate the identified deficiencies free of charge within two years from the date of receipt of the goods by the buyer, during the period of service or within ten years, if such a period is not established.

If, after an examination, it is determined that it is impossible to eliminate the defects, the buyer may demand a replacement of the item or a refund of the money for it.

Drawing up a return invoice

The return of goods is accompanied by the preparation of an appropriate invoice. It contains the following information:

full corporate name of the selling organization;
the name of the product purchased via the Internet;
last name, first name, patronymic of the consumer;
date of signing the contract and transfer of the item;
amount to be returned;
signatures of the parties.

If the seller refuses to draw up an invoice or act, the buyer does not lose his right to return the goods or money for them. If the date of return of funds and goods does not coincide, the money is transferred to the buyer using one of the methods chosen by him:

Transfer by mail.
Cash at the seller's location.
Transfer to the buyer's bank account.

All costs for refunds are borne by the seller.

Deadlines for filing claims

By general rule The deadline for filing claims for product defects is the warranty period or expiration date. If the specified periods are less than two years, but the defects were discovered by the buyer within a two-year period, he has the right to file a claim with the seller if he proves that the defects of the item arose before its transfer to the buyer. If the warranty period is not specified, the general period is two years, unless other periods of time are established by law or the purchase and sale agreement.

The warranty period and service life of the product are calculated from the moment it is transferred to the buyer, unless other conditions are specified in the contract. For example, for seasonal goods, the deadlines begin to count in accordance with regulations subjects based on the climatic conditions of the buyer’s place of residence.

When delivering goods purchased via the Internet, the delivery time begins to count from the moment the item is delivered to the consumer. If it is impossible to determine the period, its beginning coincides with the day of concluding the contract for the sale and purchase of goods.

The deadlines for eliminating defects identified in a product are similar to the deadlines for retail purchases and sales.

Despite the obvious differences between online shopping and retail sales, the principles of sales, as well as the rights of buyers, are identical. In some cases, online shoppers are more protected than retail shoppers. This is due to the fact that sellers are obliged to provide all the necessary information about the product when selling it, while stores are not always ready to educate consumers about the properties of a particular item. In addition, sellers must enter into appropriate contracts, pay taxes, be responsible for the compliance of goods with quality standards, and also compensate for losses incurred by buyers (if necessary).

All you need is a computer, Internet access, and an appropriate software and a wizard who can create a website. Legal norms The activities of each online store are regulated by the Federal Law “On the Protection of Consumer Rights”.

The main thing is that this product is not food (does not belong to food products) and does not appear on the list of goods that are not subject to exchange. A product of good quality can be exchanged for a similar one if it does not meet the following parameters: This rule applies even if the buyer agreed with appearance of the product at the time of its acquisition by signing the second copy of the receipt or other document.

According to paragraph 1 of Article 25 of the Law on Consumer Rights, the seller does not have the right to refuse to exchange or accept goods if the following conditions are met: the goods have not been used; the presentation is completely preserved; consumer properties are preserved; seals and factory labels are not broken; There are receipts (cash, sales receipts) as well as other documents confirming payment for the goods. Important! If the exchange of goods of good quality for a similar one is impossible due to the lack of such goods on sale on the day of application, the buyer has the right to: return the goods to the seller, having received from him cash, constituting the full cost of the goods (upon purchase), and the funds must be transferred to the buyer within three days (the method of payment does not matter); exchange the product later - immediately after a similar product goes on sale. Thus, the return of a product of good quality with a full refund of its cost is possible only if the seller does not have a similar product. The exchange period for goods of good quality is exactly two weeks, that is, 14 days from the day following the day of purchase.

means of communication or other means that exclude the possibility of direct familiarization of the consumer with the product or a sample of the product when concluding such an agreement. In accordance with Article 26.1 of the Law of the Russian Federation “On the Protection of Consumer Rights,” even before concluding a contract, the seller must provide the consumer with the following information: basic consumer properties of the product; location of the seller; place of manufacture of the goods; full trade name of the seller or manufacturer; price and terms of purchase of goods; features of goods delivery; service life, shelf life and warranty period; procedure for payment for goods; the period during which the offer to conclude a contract is valid. This information can be provided either in the form of advertising, or as an annotation for the product, or in the form of a public purchase and sale agreement posted on the seller’s website. Also, in accordance with Article 8 of the Law “On Advertising”, in advertising of goods when selling them remotely, the following information about the seller must be indicated: name; location; state registration number of the record on the creation of a legal entity; last name, first name, patronymic and main state registration number of the record state registration individual as individual entrepreneur. When selling goods remotely, the seller is obliged to offer the buyer services for the delivery of goods by forwarding them by post or transportation, indicating the delivery method and type of transport used (clause

Contained in catalogues, prospectuses, booklets or presented in photographs or through means of communication. or in other ways that exclude the possibility of the buyer directly familiarizing himself with the goods or a sample of the goods when concluding such an agreement.” But this is exactly how online stores sell their goods. Some sellers argue that since at the time of transfer the buyer had the opportunity to directly examine the goods, then such trade is not remote.

If at the time of delivery you were not provided with written information about the procedure and timing for returning the goods, then the specified period is increased to three months (clause 4 of article 26.1 of the Law of 02/07/1992 N 2300-1). This means that if, before the actual transfer of the goods or the expiration of the above deadlines, you change your mind about purchasing the goods, then you have the right to return it to the seller and demand the money paid back (in case of prepayment) without specifying any grounds. It should be borne in mind that the law establishes minor restrictions. Thus, you do not have the right to refuse goods of appropriate quality that have individual certain properties, due to which the product can be used exclusively by you. In addition, you can return a product of proper quality to the seller if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified product are preserved.

Legal issues of online stores

This is due to the fact that the buyer cannot evaluate the quality of the product and its features until the moment he buys it. That is why the buyer can refuse to purchase at any time before the goods are transferred by the online store. In accordance with the Law on the Protection of Consumer Rights and the Rules for the Sale of Goods by Remote Method, 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 delivery of the returned goods from the consumer, no later than ten days from the date presentation by the consumer of the corresponding requirement. Thus, these are the only costs that the consumer will incur if the product is rejected.

My Website? Built with Jimdo

Distance trading: returning goods

It was formed on the basis of the Rules for the sale of goods remotely, which were approved back in 2007 by a separate government decree. The rules govern the relationship between buyer and seller when carrying out remote trading. This document also establishes the procedure for selling goods and services on the Internet. Regulations for activities in the field of distance selling provide for the possibility for the buyer to purchase goods for family or personal needs.

4 tbsp. 26-1 of the Law “On Protection of Consumer Rights”. If the seller does not notify the buyer in writing of the above-described deadlines for returning goods of proper quality, for the buyer the period is automatically increased to three months. That is, the consumer, if the procedure and terms for returning the goods are not explained to him against signature, has the right to refuse the purchase and sale transaction of the goods and demand his money back three months after purchasing the goods.

Therefore, it is important for entrepreneurs selling remotely to remember this provision of the law and, together with the sales receipt, warranty and other documents that usually accompany the goods, attach an information sheet explaining to the consumer the terms for returning the goods.

Buyers of goods should also pay attention to this provision of the law, since it often happens that after purchasing items in an online store, they do not fit, and the seller refuses to exchange the goods, citing that the consumer missed the deadline.

In this case, it is necessary to check whether the seller has notified the reduced deadline for exchange, since otherwise the period is as much as three months.

You will probably be interested in looking at the mental map “Selling goods through online stores.”

Distance purchases in the online store Protection of consumer rights during distance trading on AliExpress

touch it with your hands) until you receive it; the order is reviewed interactively, based on information taken from catalogues, television, radio, Internet resources, advertising brochures will be classified as distance sales; when making a transaction, both parties do not meet face to face; the sale takes place without the direct presence of the seller. How is a purchase and sale agreement concluded during distance selling? Information posted on the website of the online store is a public offer of goods if it meets the requirements of Article 494 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code) and paragraph 12 of the Rules, i.e.

Remote method of selling goods (REMINDER FOR CONSUMERS)

26.1 of the Law of the Russian Federation “On the Protection of Consumer Rights” and the Rules for the sale of goods remotely, approved by Decree of the Government of the Russian Federation of September 27, 2007 No. 612. When purchasing goods remotely, you need to know the following: 1. The seller who sells the goods remotely must indicate address for returning the goods if such a need arises. 2.

How to return a product purchased through an online store (remotely)

However, some regulatory rules still exist and are designed to protect the interests of buyers. You should know that Russian legislation on the issue of distance trading is based on the principle of “satisfaction or refund”, which is typical for several European countries. In simple language, this principle means that the product must satisfy the buyer, otherwise the seller is obliged to return the money. So, according to the above principle, the buyer has the right to refuse the previously selected product.

Return of a Product 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 Product (commercial or cash receipt, invoices). If, when considering the Buyer's request for an exchange/return of the Goods, it is determined that the Goods have been in use, are defective, are incomplete, or are not in the original packaging, then the Seller will not make an exchange/return. The Buyer’s absence of a document confirming the fact and conditions of purchase of the Goods does not deprive him of the opportunity to refer to other evidence of the purchase of the Goods from this Seller. Return of Goods of inadequate quality If the Buyer is delivered a Good with a manufacturing defect, the Buyer has the right to: - demand a proportionate reduction purchase price goods; - demand a replacement for a similar Product or a Product of a similar brand, model with a corresponding recalculation of the purchase price; - demand a refund of the amount paid for the Goods, and return the Goods to the Seller. Please note that the Seller reserves the right, if necessary, to conduct an examination of the Product.

If the contract does not specify the delivery time for 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 not fulfilled within a reasonable time must be fulfilled by the seller within 7 days from the date the buyer submits a demand for its fulfillment. If the delivery of the goods was made within the terms established by the contract, but the goods were not transferred to the buyer due to his fault, subsequent delivery is made within a new time frame agreed upon with the seller, after the buyer has re-paid the cost of services for delivery of the goods. The seller is obliged to transfer to the buyer 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.

Rules for distance selling in 2019

A person can get acquainted with the description of a product in booklets, prospectuses, catalogues, from photographs, using information about the product presented on a website on the Internet or using other various channels of information dissemination. That is, when selling goods remotely, there is no personal contact between the seller and the buyer; the person makes the decision to purchase based on the description and images of the product.

Currently, selling goods remotely is becoming especially important among consumers.

When purchasing goods remotely, you need to know about the conditions and features that distinguish remote trading from selling goods in stores.

First, let’s define what is selling goods remotely?

Sale of goods remotely - sale of goods under a retail purchase and sale agreement concluded on the basis of familiarization of the buyer with the description of the goods proposed by the seller, contained in catalogues, prospectuses, booklets or presented in photographs or by means of communication, or in other ways that exclude the possibility of direct familiarization by the buyer with the goods or a sample of the goods upon concluding such an agreement.

The main feature of distance trading is that the consumer does not have the opportunity to personally familiarize himself with either the product itself or a sample of the product before receiving it.

The main provisions of distance selling are regulated by Art. 26.1 of the Law of the Russian Federation “On the 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 purchasing goods remotely, you need to know the following:

1. A seller who sells goods remotely must indicate the address for returning the goods if such a need arises.

2. When the ordered product is delivered, the consumer needs to study information about the product and the manufacturer, which must contain:

Name of product;
information about the main consumer properties of the product;
information about the warranty period, if established;
rules and conditions for the effective and safe use of goods;
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 the possible consequences of failure to perform such actions, 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 their intended use ;
address (location), full corporate name (name) of the seller;
information on mandatory confirmation of compliance of goods with mandatory requirements ensuring their safety for the life and health of the buyer, environment and preventing damage to the buyer’s property in accordance with the legislation of the Russian Federation;
price, procedure and terms of payment for 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).

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

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 any other way adopted for individual species goods.

The seller is obliged to transfer the goods to the buyer in the manner and within the time limits 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 must be fulfilled by the seller within seven days from the date the buyer submits a demand for its fulfillment. For violation of delivery deadlines, the seller is responsible in accordance with the civil legislation of the Russian Federation.

If the delivery of the goods was made within the terms established by the contract, but the goods were not transferred to the buyer due to his fault, subsequent delivery is made within a new time frame agreed upon by the seller, after the buyer re-pays the cost of services for 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 responsible for violating the deadline for delivery of the goods in accordance with Art. 23.1 of the Law “On Protection of Consumer Rights”, namely:

In case of violation of the deadline established by the purchase and sale agreement for the transfer of prepaid goods to the consumer, the seller pays him a penalty (penalty) in the amount of half a percent of the amount for each day of delay. prepayment goods. The penalty (penalty) is collected from the day when, according to the purchase and sale agreement, the transfer of the goods to the consumer should have been carried out, until the day the goods are 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 advance payment for the goods.

When receiving the goods, it is necessary to check the integrity, completeness of the goods, compliance of the delivered goods with the ordered ones, the presence of accessories for the goods and documentation for the goods and other characteristics and data of the delivered item.

The seller does not have the right 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 a seller engaged in distance trading may take place in the following cases:

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

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

free elimination of product defects,
reimbursement of costs for their correction by the buyer or a third party,
requirement for a proportionate reduction in the purchase price,
replacement with a product of a similar brand (model, article) or with the same product of a different 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.

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 compensated within the time limits established by the Law of the Russian Federation “On the Protection of Consumer Rights”. This period cannot exceed ten days from the date the buyer submits the corresponding demand to the seller.

In relation to a technically complex product, if significant defects are discovered in it, the consumer has the right to refuse to fulfill the sales contract and demand a refund of the amount paid for such a product or make a demand for its replacement with a product of the same brand (model, article) or 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 must be satisfied in one of the following cases:

detection of a significant defect in the product;
violation of the deadlines for eliminating product defects established by the Law of the Russian Federation “On the Protection of Consumer Rights”;
the impossibility of using the product during each year of the warranty period in total for more than thirty days due to repeated elimination of its various deficiencies.

2. due to refusal of goods of proper quality, inappropriate size, completeness, etc.

Return of a product 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 product are preserved. However, the buyer’s absence 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 a product of appropriate quality that has individually defined properties if the specified product can be used exclusively by the consumer purchasing 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 delivery of the returned goods from the buyer, no later than 10 days from the date the buyer submits the corresponding demand.

The sale of a product, which involves virtual familiarization of the client with its properties, is called a remote method of selling a product. The Law “On Protection of Consumer Rights” devotes Art. 26.1. More detailed conditions are given in the Rules for the sale of goods remotely (hereinafter referred to as the Rules).

This document does not apply when ordering works or services as an independent item of trade (if they accompany the purchase of goods, then the Rules apply), in case of purchase through vending machines and when concluding an agreement as a result of bidding.

Distance selling of goods means their sale using booklets, advertising brochures, catalogs, and the Internet. In short, any method that excludes direct familiarization of the buyer with the properties of the product.

The list of goods sold through is extensive. Restrictions are established only for certain types of products: alcohol and other items whose sale is limited by law.

Distance trading involves the seller’s obligations to inform customers before concluding an agreement about:

properties of the products sold;
seller's address;
the name of the seller and its location;
cost and procedure for purchasing products;
delivery method;
shelf life and service life;
payment.

The provisions of the Rules for the sale of goods remotely determine that upon delivery of an order, the client must receive information in writing about:

compliance of the purchased item with the technical regulations in force in Russia;
for food products - about the properties, for food products about the composition, including information about the use of GMOs;
price;
guarantees, if any;
rules of use;
expiration date;
to the seller and manufacturer: name and location;
safe use;
sales rules;
the person performing the work;
energy efficiency.

Alcohol

The sale of alcoholic beverages is being placed under increasingly strict limits. Despite the fact that the showcases are alcoholic products open and located in prominent places in supermarkets, attracting the attention of children; a certain period of time and age restrictions are allotted for its purchase.

Perhaps purchasing alcohol via the Internet would be a way out for certain categories of citizens who rely on loopholes in the legislation (for example, Federal Law No. 171, regulating the turnover and consumption of alcoholic beverages). However, the sale of alcohol remotely is prohibited (Article 5 of the Rules). That is why you cannot find even low-alcohol products in restaurants offering food delivery.

The rules for the sale of alcohol-containing products are subject to change. In the spring of 2017, a bill was developed, according to which it is proposed to allow the sale of alcohol via the Internet and determine its procedure. The main rule that the project proposes is licensing of activities for the sale of alcohol, requirements for organizations and entrepreneurs intending to implement it and the conditions for obtaining a trade permit.

The bill on licensing the remote method of selling alcohol was not submitted to the Duma for consideration. This means that the ban on online sales of alcoholic beverages will remain in effect next year. Perhaps legislators will return to discuss the proposal and make changes to the legislation.

For pickup, when the client places an order and picks it up from the point of sale, this rule does not apply, since he believes that the product was purchased in person in the store.

Reasons for return

Selling goods remotely has its own characteristics: the buyer cannot check or try on the item or evaluate it “live.” Clothes may not fit correctly or their color may be different from what appears on the monitor screen. In addition, the item may be of poor quality. Systematizing the reasons for the return, we can highlight the following:

low quality or defective;
the item does not fit in style, color or other parameters;
failure by the seller to fulfill the obligation to inform.

The reasons for returning goods purchased remotely do not differ from those for products purchased in a store. But there is one exception. The buyer cannot refuse to purchase a custom-made product that cannot be purchased by other customers of the store, and accordingly, return the money. For example, a T-shirt with a photo or a keychain with a license plate belonging to the customer’s car will not be accepted back.

Return algorithm

The rules for returning purchased products during distance selling are similar to those for returning items purchased in regular stores. The seller returns the money received in full, excluding delivery charges.

The returned item is subject to the following standard requirements:

no traces of use;
maintaining appearance;
safety of tags and labels;
presence of undamaged packaging.

The returned purchase may subsequently be resold through the same online method of selling the item. However, if there are traces of use, the seller is obliged to indicate this fact on the card. As a rule, such items cost less than their new counterparts.

Defective or poor quality item returns to the online store in the same manner as to a stationary point of sale. Upon receipt of products whose quality does not correspond to the declared one, the buyer may demand:

cost reduction;
eliminating deficiencies;
replacement with a similar item of good quality.

Shipping of returned goods is carried out at the customer's expense. Sellers may provide other rules, but more often than not this does not happen.

Deadlines

Transfer of cost

The rules for remote sales suggest that the seller transfers money to the client for the goods returned by him within 10 days.

The store has the right to return the money not in full, but minus delivery costs. Return delivery from the buyer to the seller is paid for by the online store client himself.

The fee charged by the bank when transferring funds is paid by the seller and is not deducted from the amount to be returned.

Distance trading has simplified the process of purchasing things, saving time on searching for the right item in stores. But it also involves certain risks associated with the fact that the clothes will be of the wrong quality, color and style. Knowing the simple rules regarding the conditions and procedure for returning, the buyer will be able to get a replacement or a full refund from the seller.