Russian legislation provides for a large number of types of commercial relations. Among these are commission sales non-food products.
This type of activity is regulated by separate sources of law. What are the specifics commission trade in the Russian Federation? How are financial transactions related to it recorded in
Legislative source of rules
Let's consider the rules of commission trading in non-food products from the point of view of regulatory legislation. The main legal act that establishes them is Government Decree No. 569 of June 6, 1998. This source also correlates with the Law “On the Protection of Consumer Rights.”
Thus, commission trading is an activity that is regulated at the federal level. Let's study the structure of the basic source that defines the rules for the corresponding type of commercial activity - Resolution No. 569.
General provisions
Basic concepts approved by the subject under consideration legal act- “commission agent”, “committee” and “buyer”. Legislation regulates relations in which the three specified entities participate. Let us consider the essence of these terms in more detail.
A commission agent, in accordance with Government Decree No. 569, is an organization or individual entrepreneur that accepts certain goods on commission and sells them retail format. The principal is a person who gives the goods on commission for the subsequent purpose of sale with the participation of the commission agent and payment of remuneration to him. A buyer is a citizen who intends to buy or actually purchases goods for his own needs that are not related to entrepreneurial activities.
Commission trading is possible if both citizens of the Russian Federation and foreigners or persons who do not have citizenship in relation to any state participate in it. In relation to the principal, it is formed for products that are accepted on commission - until he sells it to the buyer. A different procedure for the exercise of property rights may be provided for by separate norms of civil legislation.
The commission agent is responsible to the principal for the preservation of consumer goods. He is also obliged to inform the principals and buyers regarding the name of his company, its address, and operating hours by placing a sign. Similarly, a person in the status of an individual entrepreneur must provide interested parties with data reflecting the fact state registration companies.
Reception of goods
Let's consider how goods are accepted within the framework of commission communications. What should you pay attention to first? In accordance with the agreements between the commission agent and the consignor, acceptance of the goods must be carried out by drawing up a separate document. Most often this is a commission trading agreement. It can also be supplemented with invoices and other types of sources. The document in question records the date of its preparation, number, information about the parties to the transaction, the procedure for transferring the commission, its consumer characteristics and price. Also, additional clauses may be included in the structure of the source, which should not infringe on the legal rights of the committent. If several goods are transferred, a list of them is formed, which must be reflected in the contract.
Trade in vehicles
Commission trading vehicles carried out according to special rules. Thus, cars, motorcycles and other types of equipment that are subject to mandatory state registration can be accepted for commission only if the seller has at his disposal documents confirming ownership of them, as well as sources by which it is possible to determine the fact of removal of vehicles from accounting. The legislation of the Russian Federation also requires the issuance of temporary “transit” type signs for cars. If the vehicle is of foreign origin and its owner is in the Russian Federation temporarily, then commission trade in this case is possible only if the necessary documents issued by customs are available.
What goods are not accepted for consignment?
There are goods that cannot be accepted for commission. In general, these are all those products that are withdrawn from circulation in the Russian Federation, as well as those whose sale is limited or completely prohibited by the Russian authorities. It is impossible to sell consignment goods if they are not subject to return or exchange. You cannot sell medicines, hygiene products, perfumes and cosmetics, underwear, socks, household chemicals. Thus, commission trade in non-food products is quite complicated due to the presence of legislative restrictions.
Registration of goods for sale
Let's look at some of the nuances regarding the correct design of a product for sale. First of all, there must be a label attached to it. If the product is small in size, then this is a price tag that records the document number related to the procedures for accepting the product for commission.
As we noted above, in some cases a separate list of items for sale may be formed. If this is so, then the label for the corresponding type of goods must include information that describes the consumer properties of the product. For example, whether it is new or, conversely, was used. The rules of commission trade in non-food products require sellers to provide reliable information about products to buyers.
Rights and obligations of transaction participants
Let us study such an aspect as the rights and obligations of the participants in the legal relations in question - the principal and the commission agent. What can you look for here? Special attention? In accordance with Government Decree No. 569, the principal has the right at any time to refuse to fulfill the contract concluded with the commission agent. That is, he can cancel the order given to the partner. But at the same time, the commission agent has the right to demand compensation for losses incurred as a result of termination of the contract. The principal must, within the time limits specified in the contract, begin to dispose of his own property, which is temporarily under the jurisdiction of the commission agent. If he does not do this, then the commission agent can give the goods for storage - and the principal will pay for this service, or sell, but at a price that should be as profitable as possible for the partner.
Determining the price of the goods and the amount of the commission agent's remuneration
Perhaps the key nuance of the corresponding type of commercial relationship is determining the price of the goods that are subject to commission, as well as the amount of remuneration that the principal must pay to his partner. The rules for trading consignment goods do not include any recommendations regarding determining the price of products sold. In any case, partners will have to negotiate individually. As for the remuneration, it must in any case be paid to the commission agent. But it is quite possible that the amount of appropriate compensation is not fixed in the contract. In this case, the amount of remuneration is determined based on generally accepted indicators in a particular market segment.
How the sale is carried out
Above, we looked at what the basic requirements for goods offered for sale are: the presence of price tags and other elements that inform the buyer about the properties of the products he is purchasing. Now we can look at how the sale of goods accepted for commission is carried out in more detail. What is useful to pay attention to here?
The rules in accordance with which the commission is carried out require the relevant subjects of the commercial activities in question to launch the product for sale on the next business day after it is accepted. If this does not happen, then the principal has the right to expect a penalty from the partner. Moreover, it is decent - 3% of the amount that must be paid to the commission agent as a remuneration. In this case, the partners can agree on higher amounts of the penalty.
The commission agent is obliged to sell the goods on the terms that are most to a greater extent beneficial for his partner. The relevant criteria can be determined by the principal himself and recorded in the contract, and if they are absent, one must be guided by the customs accepted in a particular business segment. In this case, the commission agent may deviate from the established criteria if this is in the interests of the partner, and also provided that it is not possible to agree on changes for objective reasons. However, as soon as the seller contacts the principal, he must inform him of the corresponding adjustments in the sales policy.
If the commission agent has at his disposal new product, and defects are discovered in it that were not noticed during the process of placing it on sale, then the corresponding product must be returned to the partner. The parties may agree on a different procedure for interaction on such issues. If the product is returned to the principal, then he does not pay any compensation to the commission agent for storing his property.
Warranty and Returns
Goods must have documents confirming it. This could be an appropriate type of coupon, registration certificate or, for example, a service book from the manufacturer. If the buyer bought a low-quality product and was not warned about its shortcomings by the commission agent, then he may demand replacement of the product with a similar one, products of a different brand (with recalculation of the price), a reduction in cost, immediate repairs, or reimbursement of costs for correcting the defects of the product.
At the same time, the legislation determines that the buyer also has the right to demand a refund of the money paid for the product. Money. At the same time, of course, he must return the goods to the seller. We may well note that a citizen purchasing consignment goods has a fairly wide range of rights.
Are services sold on commission?
Is commission trading of services possible? In accordance with the Civil Code of the Russian Federation, any legal transactions can be concluded within the framework of the appropriate mechanism of legal relations. A commission agreement is possible for both goods and services.
However, when concluding such contracts, the parties to the transaction should be more guided by the provisions Civil Code of the Russian Federation, in particular its 51st article, and not Resolution No. 569, which regulates only one aspect of commission relations - namely the turnover of non-food products in the appropriate format.
Accounting support
Let's look at another notable aspect that characterizes commission trading: accounting. What will interest us first? Financial settlements are an element that almost always includes commission trading. The postings must therefore be correct. Let's study their specifics.
The acceptance of goods under contracts of the corresponding type is recorded by the following entry:
- Debit 004, that is, “Goods accepted on commission.”
If it is necessary to reflect in accounting the write-off of sold products, their return or markdown, then the following entry must be recorded:
- Credit 004.
If we're talking about to record in the accounting registers the fact of receipt of cash at the cash desk as a result of the sale of accepted goods or for storage services, the following entries must be made:
- Debit 50, that is, "Cash".
- Credit 90, that is, “Sales”, then subaccount 1 “Revenue” (reflects the amount of cash receipts for products sold).
- Credit 91, that is, “Other income and expenses” (settlements for storing goods are reflected).
The accountant also needs to charge VAT on the products sold. This must be done through the following entries:
- Debit 90, that is, “Sales”, then subaccount 3, that is, “VAT”.
- Credit 68, that is, “Calculations for taxes and fees.”
If we are talking about writing off costs, then this is recorded in the following entries:
- Credit 44, that is, “Sales Expenses”.
The transfer of funds to the principals for sold products must be reflected through the following posting:
- Debit 90, that is, “Sales”, then subaccount 2, that is, “Cost of sales”.
- Credit 76, that is, “Settlements with debtors and creditors.”
The accountant may be tasked with comparing the debit and credit turnovers in relation to the subaccount indicators for account 90 in order to determine the financial results from the sale of goods. How to solve it? Using the following wiring:
- Debit 90, that is, “Sales,” then subaccount 9, that is, “Profit or loss from sales.”
- Credit 99, that is, “Profit and Loss”.
In some cases, principals must receive a penalty. It is fixed in the postings:
- Debit 91, that is, “Other income and expenses.”
- Credit 50, that is, “Cashier”.
This is the specificity that characterizes commission trading. Accounting for it is carried out in accordance with standardized criteria. The corresponding commercial legal relations have a stable legislative framework. If an accountant needs to record certain financial transactions that include commission trading, the entries provided for this are quite accessible and logical.
The document has lost its decorum!
MINISTRY OF FOREIGN ECONOMIC RELATIONS AND TRADE OF UKRAINE
ORDER
dated 12/18/95 N 168
Registered
at the Ministry of Justice of Ukraine
12/29/95 N 489/1025
(The order was canceled according to the order of the Ministry of Economy and European Integration
No. 228 dated 07/31/20 02)
On approval of rules for trade in vehicles and
numbered units
In accordance with the resolution of the Cabinet of Ministers of Ukraine dated February 8, 1995 N 108 “On the procedure for engaging in trading activities and rules trade service population" I ORDER:
1. Approve the Rules for trade in vehicles and numbered units, agreed upon with the Ministry of Internal Affairs of Ukraine, the Ministry of Economy of Ukraine, the State Committee of Ukraine for the Protection of Consumer Rights, Ukoopsoyuz and the Ukrainian Automobile Corporation "Ukravto", which are attached.
2. The Main Department for Internal Trade, together with the Main Contractual and Legal Department, register the Rules for trading vehicles and numbered units with the Ministry of Justice of Ukraine.
3. To recognize as not applicable on the territory of Ukraine the order of the USSR Ministry of Trade dated December 22, 1977 N 256 “Rules for the sale to the public of passenger cars and motorcycles with sidecars” as amended by the order of the USSR Ministry of Trade dated August 18, 1987 N 194, and lost Order of the Ministry of Trade of the Ukrainian SSR dated 09/03/82 N 258 “On the rules of commission trade” comes into force passenger cars and motorcycles with sidecars in the Ukrainian SSR" as amended by orders of the Ministry of Trade of the Ukrainian SSR dated 01/08/87 N8 and dated 06/05/90 N 62.
Minister S. OSYKA
Approved
by order of the Ministry of Foreign Affairs economic ties
and trade of Ukraine dated December 29, 1996.NI68
Rules
trade in vehicles and numbered units
1. General Provisions
1.1. These Rules regulate the trade in cars, buses, motorcycles of all types, brands and models, trailers, semi-trailers and sidecars, other vehicles (hereinafter referred to as vehicles) of domestic and foreign production and numbered units for them (engines, chassis, bodies, frames), which have not been in operation (new, which have not yet been registered with the State Traffic Inspectorate (hereinafter referred to as the State Traffic Inspectorate), have been certified in the prescribed manner and have a document of the established form, commission trade in these vehicles and numbered units, as well as trade in vehicles and numbered units, which were in use. (*)
(*) In accordance with the Decree of the Cabinet of Ministers of Ukraine dated May 10, 1993 N46-93 “0 standardization and certification!” and by order of the State Standard of 02/06/95 N44, new vehicles are subject to certification from 01/01/96, numbered units from 07/01/96.
1.2. The rules apply to all business entities on the territory of Ukraine, regardless of their form of ownership, that have been registered in the prescribed manner and have the appropriate permit (license) to carry out trading activities.
1.3. An economic entity must have a trading base with appropriate conditions for storage, pre-sale preparation and service, sales of vehicles that comply with trade, technological and fire safety standards.
A sign indicating the name of the business entity or the body authorized by it and the operating hours, which is established in agreement with local authorities, is placed in a visible place near the entrance executive power and must be observed by enterprises of all forms of ownership.
1.4. Vehicles that are imported into the territory of Ukraine for sale are subject to customs clearance in the manner prescribed by current legislation.
1.5. The sale of motor vehicles and numbered units is permitted to persons who have reached 18 years of age, and of motor vehicles and numbered units - 16 years of age, provided they have a passport or a document that replaces it.
The sale of motor vehicles and numbered units to minors is subject to the permission of a parent or guardian.
Legal entities can purchase vehicles and numbered units if they have a power of attorney from an authorized person of the enterprise (organization, institution) and a passport or document that replaces it.
1.6. To sell vehicles, a business entity must have certificates-invoices, which are the basis for registering vehicles with the traffic police, and “Transit” license plates that comply with the state standard for driving vehicles to their destination. IN accompanying documents The mark “Transport” is made and registration numbers are indicated.
Forms of reference invoices and license plates "Transit" are documents of strict accountability.
Providing an economic entity with forms of reference invoices is carried out in the manner prescribed by law by the Department of the State Traffic Inspectorate of the Ministry of Internal Affairs of Ukraine, license plates "Transit" by the departments of the State Traffic Inspectorate of the Main Internal Affairs Directorate of Ukraine in the Autonomous Republic of Crimea, the city of Kiev, the Kiev region, the Department of the Ministry of Internal Affairs of Ukraine in the regions and Sevastopol.
1.7. The economic entity issues Transit signs for vehicles that are sold to the buyer and are delivered by him under his own power to the place of registration.
Driving vehicles without Transit license plates is prohibited. In the case of transportation of vehicles for sale from one business entity to another or from one division (branch) of a business entity to another, the following entry is made in the accompanying documents: “Transport, transit number.”
1.8. An economic entity is obliged to keep a log of incoming and sold vehicles and numbered units, issued certificates-invoices and Transit license plates. The journal is stored as a strict reporting document for 10 years.
The magazine must be bound and the pages numbered. The ends of the cord on the last page of the magazine are fixed and sealed with the seal of the State Traffic Inspectorate of the Ministry of Internal Affairs of Ukraine. Certificates-invoices are recorded in the journal in ascending order of numbers.
1.9. The certificate-invoice is filled out in print or in ink by hand in one hand. The name of the business entity and the date of sale of the vehicles are entered in the appropriate column. The invoice certificate is signed by the manager (deputy manager), chief accountant, cashier and certified with a round seal. If the sale of vehicles and numbered units occurs through a branch of a business entity in agreement with the State Traffic Inspectorate of the Ministry of Internal Affairs of Ukraine, the issuance of certificates and invoices is signed by the head (deputy head), chief accountant, cashier and certified by the round seal of the branch. It is strictly forbidden to stamp unfilled forms.
All vehicle details are recorded legibly, completely and without errors. If an error was made when filling out the details of the reference invoice, the details are crossed out, and back side a record is made of the Corrected believe
(**) In the case where the unit numbers have more than seven characters, the last seven characters of the number, including the letter, are entered in the corresponding column, and the full data is duplicated on the back of the certificate-invoice, signed by the manager and certified with a round seal.
1.10. Only one certificate-invoice is issued for one vehicle or unit (even if it does not have a manufacturer’s number). If a vehicle or unit is sold under a power of attorney, then a certificate-invoice is issued in the name of the legal or individual, on whose behalf the representative acts.
1.11. If the buyer loses the certificate-invoice, the business entity, based on the application of the owner of the vehicle, issues a new certificate-invoice, on which he makes the entry “Duplicate”, indicates the series, number and date of the previously issued certificate-invoice. The duplicate is signed by the manager and accountant and certified by the seal of the business entity.
The business entity, within ten days, notifies the State Traffic Inspectorate of the Ministry of Internal Affairs of Ukraine about the certificate-invoice lost by the buyer.
1.12. If an economic entity loses the invoice forms, the latter is obliged to immediately notify the territorial internal affairs body and the body from which these forms were received. The statement indicates under what circumstances the forms were lost, their quantity, series and numbers.
1.13. Those intended for use on the road network are subject to state registration and registration. common use cars, buses, self-propelled vehicles designed on car chassis, motorcycles of all types, brands and models, trailers, semi-trailers and sidecars.
All other motor vehicles are subject to departmental registration and accounting in accordance with the provisions of the Law of Ukraine “On Road Traffic”.
It is prohibited to operate unregistered vehicles without state license plates of the established type, as well as vehicles whose data does not correspond to the entries in the registration certificate.
1.14. The business entity may provide the buyer with additional paid services for maintenance, storage, refueling of vehicles with fuel, oils, transportation to their destination, etc., as well as sales of related products (tools, covers, etc.).
1.15. Payments for purchased vehicles, numbered units and related products made by bank checks, non-cash through bank institutions or for cash using electronic cash registers and in another manner in accordance with current legislation.
Money for sold commission vehicles and numbered units is paid to the principal in cash or by bank transfer (unless otherwise provided by law) on the third day after their sale, not taking into account the day of sale, weekends and holidays, upon presentation of a receipt issued by the commission agent, a passport or a document that replaces it.
Money for sold vehicles accepted on commission from legal entities is transferred to their bank accounts.
In cases where the principal does not appear to receive money after the expiration of the limitation period, it is subject to transfer to the local budget.
1.16. Accounting and reporting are carried out in compliance with the uniform methodological requirements established by the Regulations on the organization accounting and reporting in Ukraine, approved by Resolution of the Cabinet of Ministers of Ukraine dated 04/03/93 N 250.
1.17. The business entity places these Rules, the list and tariffs of additional services provided to the buyer in a visible and accessible place for buyers. A book of reviews and suggestions of the established form.
1.18. Employees of an economic entity are obliged not to violate the rights of consumers defined by the Law of Ukraine "On the Protection of Consumer Rights", to know and comply with these Rules, the Procedure for engaging in trading activities and the rules for trading services to the population, approved by Resolution of the Cabinet of Ministers of Ukraine dated 02/08/95 N 108, and other regulatory documents that regulate trading activities. For their violation, employees are held liable in accordance with current legislation.
2. Trade in new vehicles and numbered units
2.1. Documents that confirm the legality of the acquisition by a business entity for sale from the manufacturer of vehicles and numbered units are:
for an acceptance certificate purchased on the territory of Ukraine indicating a specific business entity or an order for receiving vehicles with their details. If the specified documents were issued by Ukrainian enterprises that installed a special device on the vehicle, then a copy of the certificate of approval of the design of the vehicle regarding safety is issued for each vehicle traffic;
for cargo customs declarations purchased abroad or their copies certified by the customs seal.
2.2. Requirements for vehicle quality indicators, labeling, reception, storage are regulated by standards, technical specifications and other regulatory and technical documentation.
If the vehicle is incomplete or of poor quality, it is subject to markdown. Discounted vehicles are removed from the warranty, and the buyer is informed about this.
It is prohibited to sell new vehicles and numbered units with defects that threaten road safety or, due to their technical condition, do not comply with the regulations and standards in force in Ukraine, as well as those that have not undergone pre-sale preparation.
2.3. Pre-sale preparation of vehicles is carried out by qualified specialists of the business entity in accordance with the requirements of regulatory and technical documentation.
The business entity must make a note in the service book about the pre-sale preparation of vehicles.
2.4. For vehicles sold, the business entity must provide the buyer with a service book, operating instructions, a sales (cash) receipt or other written document that certifies the fact of purchase, as well as a certificate-invoice, which is the basis for registering the vehicle with the traffic police. In the absence of a service book, the buyer is issued a certificate of pre-sale preparation.
For the sold numbered unit, the buyer is given technical documentation (description), sales (cash) receipt or other written document certifying the fact of purchase, as well as a certificate-invoice.
When selling vehicles imported from abroad, an entry must be made in the invoice certificates: “Customs cleared. Cargo customs declaration (CCD) “____ 19 N.”, which is certified by the customs stamp.
2.5. The manufacturer's warranty for new vehicles and numbered units is valid for the period established by the regulatory and technical documentation. The warranty period is calculated from the date of sale to the buyer of the vehicle or numbered unit.
2.6. If defects are identified in a vehicle or a numbered unit during the warranty period, the buyer has the right, at his choice, to demand from the business entity (seller or manufacturer):
a) free elimination of defects in the goods or reimbursement of costs for their correction by the buyer or a third party;
b) replacement with a similar product of proper quality; c) a corresponding reduction in its purchase price;
d) replacement with the same product of a different model with a corresponding recalculation of the purchase price;
e) termination of the contract and compensation for losses incurred. The specified requirements for vehicles and numbered units manufactured outside of Ukraine or purchased through intermediaries are satisfied at the expense of the business entity that sold them.
2.7. Free elimination of deficiencies identified in vehicles and numbered units during the warranty period is carried out within 14 days or by agreement of the parties in another period.
2.8. When performing warranty repairs, the warranty period is increased by the time the vehicles and license plate units are under repair.
The specified time is calculated from the day when the buyer made a request to eliminate the defects.
When eliminating deficiencies by replacing a component or component of a vehicle or a numbered unit for which warranty periods are established, the warranty period for a new component and component is calculated from the day the vehicle or license plate is issued to the buyer after repair.
2.9. The economic entity (seller or manufacturer) replaces vehicles and license plate units with deficiencies immediately, and if necessary additional check quality - within 14 days or as agreed by the parties.
In the absence of vehicles or numbered units for replacement, the buyer’s requirement is satisfied within two months from the date of the relevant application.
If it is impossible to satisfy the buyer’s request for a replacement within a specified period, he has the right, at his choice, to present to the business entity (seller or manufacturer) other requirements provided for in subparagraphs “a”, “c”, “d”, “e” of paragraph 2.6 of these Rules.
When exchanging vehicles and numbered units, the warranty period is calculated from the date of exchange.
2.10. When replacing vehicles or numbered units with defects with similar ones of proper quality, the price of which has changed, the cost is not recalculated.
When replacing vehicles or license plate units with deficiencies with the same ones of another model, the cost is recalculated based on the prices that were in effect at the time of the exchange.
Upon termination of the contract, settlements with the buyer in the event of an increase in prices for vehicles or numbered units are made based on their value at the time of presentation of the corresponding demand, and in the event of a price reduction - at the time of purchase.
2.11. Delivery of a vehicle or a numbered unit to a business entity (seller or manufacturer) to eliminate deficiencies and its return to the buyer is carried out by the forces and means of the business entity (seller or manufacturer).
2.12. The buyer's requirements provided for in clause 2.6 of these Rules cannot be satisfied if the deficiencies arose as a result of the buyer's violation of the rules for using the vehicle or license plate unit or the rules for its storage.
If it is necessary to determine the reasons for the loss of quality of a vehicle or a numbered unit, the business entity is obliged to send this product for examination within three days from the date of receipt of a written application from the buyer. The examination is carried out at the expense of the seller. (***)
(***)Part expert commission includes a representative of the seller, the manufacturer (at the request of the seller) and, at the request of the owner, a representative government agency for consumer protection affairs and (or) representative public organization consumers or other disinterested person. The owner of the vehicle has the right to take part in the examination.
3. Commission trade in vehicles and numbered units
3.1. Commission trade in vehicles and numbered units is carried out on the basis of a commission agreement between the business entity that accepts the goods for commission (hereinafter referred to as the commission agent), and the citizen, enterprise (organization, institution) that hands over the goods for commission (hereinafter referred to as the consignor). By a commission agreement, the principal entrusts the sale of goods to the commission agent for a certain remuneration.
3.2. The principal delivers the vehicles to the commission agent independently, unless otherwise provided by the commission agreement.
3.3. The consignor retains the right of ownership of the goods accepted for commission until it is sold to the buyer.
3.4. The commission agent is liable in accordance with the procedure established by law for loss or damage to goods accepted for commission. The amount and procedure for compensation for losses caused to the principal are determined by agreement of the parties, and if agreement is not reached, they are determined in court.
3.5. The commission accepts domestic and foreign-made vehicles and numbered units, both technically serviceable and those that are not running.
When accepting vehicles for commission, they are checked technical condition and completeness is carried out with the participation of the committent.
3.6. The commission accepts vehicles and numbered units deregistered by the traffic police for sale on the territory of Ukraine:
from citizens of Ukraine - if they have a passport or a document that replaces it, and a registration certificate (technical passport) of the vehicle with a mark from the traffic police on deregistration in connection with the sale or a certificate for the unit, unit, issued by the traffic police. The commission may accept components and assemblies of vehicles on the basis of certificates of inheritance and documents confirming the legality of their acquisition;
from enterprises (organizations, institutions) - if there is an invoice indicating the model, make of the vehicle, chassis number, engine, its price, as well as a registration certificate (technical passport) with a note from the traffic police about deregistration in connection with the sale, power of attorney of the authorized person of the enterprise (organization, institution) and a passport or document that replaces it.
If there is no technical passport for the vehicle, it will not be accepted for commission.
It is prohibited to accept for commission vehicles, components and assemblies whose identification numbers have been destroyed or falsified.
3.7. A business entity is allowed to accept vehicles for commission without a registration certificate (technical passport):
from financial authorities, ownerless, which were inherited by the state, as well as confiscated by decision of courts and customs authorities, if this is recorded in the documents on the seizure of the vehicle. For these vehicles, certificates of registration with the traffic police authorities are submitted in the name of the former owners with a mark of the unit numbers;
from the Department of Affairs of the Ministry of Foreign Affairs of Ukraine - vehicles that have been taken out of service and returned from abroad government organizations(institutions) .
When submitting vehicles without registration documents for commission, the above-mentioned organizations (institutions) provide the business entity with a copy of the document (in 2 copies, one of which is issued to the buyer along with a certificate-invoice), on the basis of which they are accepted for commission (court decision, acts, certificates, certificates, etc.).
The business entity must send a request to the registration and examination department of the State Traffic Inspectorate that this vehicle is not wanted.
3.8. It is prohibited to accept converted vehicles for commission if this is not reflected in the registration certificate (technical passport) in the “Special Notes” section, as well as vehicles not registered with the traffic police from other business entities on the basis of reference invoices, cargo customs declarations and other documents.
3.9. When accepting vehicles and numbered units for commission, an economic entity is obliged to carefully check the documents presented by the consignor or confidant, check the correspondence of the entries in them with the actual identification numbers of components and assemblies. If signs of forgery of documents, unit numbers or discrepancies between records and the printed identification numbers of components and units are detected, the business entity is obliged to immediately notify the territorial internal affairs body.
3.10. When accepting vehicles and numbered units for commission for impersonal sale, an economic entity issues a receipt and a product label, and for sales to a specific buyer - a certificate and a product label, which are signed by the commission agent and the consignor. The first copy of the receipt or act is issued to the principal. The receipt or report displays: the technical condition of the vehicle, completeness, year of manufacture, percentage of wear and other characteristics.
The product label is attached to the vehicle accepted for commission with a seal. When selling a vehicle, the sales tag is not removed from it.
3.11. The principal, on the basis of an application (letter for legal entities), has the right at any time to pick up the vehicles and numbered units handed over to the commission, provided there is a receipt and the appropriate identification of the person, by paying the commission agent the fee stipulated in the commission agreement for storing the vehicle.
When the vehicles are returned to the consignor, the registration document is also returned.
3.12. Vehicles and numbered units can be returned to another person if he presents a receipt issued to the principal by the commission agent and a notarized power of attorney of the principal with the obligatory indication of the passport number or document that replaces it.
3.13. Prices for commission vehicles and numbered units are set by the committent.
To determine the estimated value of vehicles and numbered units, the commission agent, in accordance with regulatory documents, with the participation of a qualified commission, evaluates them based on the technical condition and market demand and draws up an act in three copies.
The amount of the commission is determined by agreement of the parties as a percentage of the estimated cost of vehicles and numbered units.
3.14. Responsibility for the compliance of vehicles and the numbers of their units accepted for commission with the characteristics and records specified in the registration documents, receipt or act lies with the business entity in accordance with current legislation.
3.15. A business entity is allowed, for a fee, to evaluate vehicles that are not being sold on commission (donation, inheritance, etc.).
The assessment of vehicles is carried out by an expert of an economic entity who has qualification certificate issued in accordance with the established procedure.
3.16. If vehicles and numbered units accepted for commission are not sold within the time period stipulated by the commission agreement, then they are subject to markdown with the consent of the principal.
The timing of the sale and the discount procedure are established by the business entity in agreement with the principal, taking into account market conditions.
The committent confirms his consent to carry out the markdown of vehicles by signing the receipt.
3.17. The conditions for discounting vehicles and numbered units accepted for commission must be determined in the commission agreement.
3.18. Vehicles and numbered units go on sale no later than the next day after their acceptance.
3.19. When selling vehicles that have defects that threaten road safety and the lives of citizens, the business entity notifies the buyer in writing about the existing defects and the impossibility of operating the vehicle until they are eliminated.
3.20. The fee for storing vehicles and numbered units in the event of their return to the principal is determined by the commission agreement.
3.21. Used vehicles or numbered units purchased from a commission agent can be returned only with his consent. As for vehicles and numbered units for which the warranty period has not expired, they are subject to Article 14 of the Law of Ukraine “On the Protection of Consumer Rights”.
3.22. After the sale of vehicles, the commission agent makes an entry in the section of the technical passport “Special notes”: “The car (other technical equipment) was sold according to a certificate invoice, series, number, date.” The entry is signed by the head of the business entity and certified with a seal.
When selling vehicles that were accepted for commission without registration documents in accordance with clause 3.7 of these Rules, the commission agent makes the entry “Car (other vehicle) accepted and sold without registration documents” on the back of the certificate invoice, which is certified by the same way. Copies of the documents provided for in clause 3.7 of these Rules are attached to the invoice certificate.
4. Trade in vehicles and numbered units,
which were in use
4.1. Trade in vehicles and numbered units that have been in use is carried out by purchasing them from citizens, enterprises (organizations, institutions) and their further sale to other citizens, enterprises (organizations, institutions). Between buying and selling, an economic entity can carry out Maintenance and vehicle repair.
4.2. The purchase of vehicles and numbered units is carried out on the basis of an agreement between an economic entity and the citizen, enterprise (organization, institution) owner of the vehicle or numbered unit.
The legality of purchasing numbered units imported from abroad is confirmed by a cargo customs declaration or a customs certificate indicating the name, brand, unit number, number and date of the cargo customs declaration under which it was imported into the territory of Ukraine.
4.3. Vehicles and numbered units that have been deregistered with the traffic police are subject to purchase: from citizens of Ukraine with a passport or a document that replaces it, and a registration certificate (technical passport) of the vehicle with a mark from the traffic police about deregistration due to with the sale or a certificate for a numbered unit issued by the traffic police.
If the vehicle or license plate is not registered in the name of the deliverer, the latter must provide a document that confirms the legality of his actions: power of attorney from the owner, certificate of inheritance, court decision, etc.; from enterprises (organizations, institutions) in the presence of an invoice indicating the model, brand of the vehicle, chassis number, engine, its price, as well as a registration certificate (technical passport) with a note from the traffic police about deregistration in connection with the sale, and also instructions from an authorized person of the enterprise (organization, institution) and a passport or document that replaces it. In the absence of a technical passport for a vehicle, purchasing it is prohibited. A business entity is prohibited from purchasing vehicles and individual numbered units, the identification numbers of which have been destroyed or falsified, as well as converted vehicles, unless this is reflected in the registration certificate (technical passport) and the “Special Notes” section.
4.4. A business entity is allowed to purchase vehicles without a registration certificate (technical passport) only in the cases provided for in clause 3.7 of these Rules.
4.5. The purchase of vehicles that have the consequences of accidents is permitted only with a certificate from the traffic police.
4.6. The purchase of vehicles and numbered units, as well as their sale, are carried out at agreed prices.
4.7. The ownership of the purchased vehicle or numbered unit passes from the deliverer to the business entity according to the contract.
4.8. A business entity that has purchased a vehicle, used and in use, can repaint it and (or) replace license plate units, by which an entry is made in the section of the technical passport “Special Notes”, which is signed by the head of the business entity and certified by a seal.
4.9. When selling vehicles with defects that threaten road safety and the lives of citizens, the business entity notifies the buyer in writing about the existing defects and the impossibility of operating the vehicle until they are eliminated.
4.10. In case of detection of deficiencies in vehicles and numbered units that are under warranty, Article 14 of the Law of Ukraine “On Protection of Consumer Rights” applies.
4.11. After the sale, vehicles are registered with the traffic police on the basis of a certificate-invoice and a technical passport (which belonged to the previous owner) provided to the buyer by the business entity. In the “Special Notes” section of the technical passport, an entry is made: “The car (other technical equipment) was sold on a reference invoice, series, number, date,” which is signed by the manager and certified with a seal.
Licensing of trade in vehicles is carried out by executive authorities of the constituent entities of the Russian Federation. This is provided for by the regulation on licensing trade in vehicles and numbered units, which was approved by Russian Government Decree N1227.
According to this resolution, the text of which was received by PRIME-TASS, licensed trade can only be carried out on the territory of the constituent entity of the Russian Federation that issued the license. For carrying out activities on the basis of a license issued by the licensing authority of a constituent entity of the Russian Federation on the territory of another constituent entity of the Russian Federation without notifying the licensing authority of this subject, the licensee is liable in accordance with the legislation of the Russian Federation.
In the document, trade in vehicles and numbered units means their supply / wholesale/, retail purchase and sale /retail trade/, as well as the sale of vehicles and numbered units accepted on commission /commission trade/, corresponding to codes 501, 503, 504 and 515 of the All-Russian Classifier of Types economic activity, products and services.
Mandatory conditions for trading vehicles are the licensee’s compliance with the legislation of the Russian Federation, fulfillment of mandatory requirements state standards, as well as environmental, sanitary-epidemiological, fire safety standards and regulations; the licensee has the necessary territory, premises and equipment that meet the requirements of the standards, as well as a security system for the territory and premises. Licensee carrying out retail trade, is also obliged to carry out pre-sale preparation of vehicles and numbered units in accordance with the scope of work established by the manufacturer and the requirements of the standards.
To obtain a license, the license applicant submits to the licensing authority an application for a license indicating the name and legal form legal entity, its location, bank name and current account number; last name, first name, patronymic and identity document details - for individual entrepreneur; the type of trade in vehicles - wholesale, retail, commission or a combination thereof, which the license applicant intends to carry out, and the period; copies of constituent documents and a copy of the certificate of state registration of the licensee as a legal entity; a copy of the state registration certificate as an individual entrepreneur; a certificate of registration of the licensee with the tax authority; a document confirming payment of the application fee; conclusions of the relevant state supervision and control bodies on the compliance of the territory, premises and equipment with the requirements of the standards.
For consideration of the application, the licensing authority charges a fee of 3 times minimum size wages /minimum wage/, and for consideration of applications of license applicants, which are organizations of the Armed Forces of the Russian Federation - in the amount of 0.3 minimum wage.
The licensing authority must make a decision to issue or refuse to issue a license within a period not exceeding 30 days from the date of receipt of the application with all necessary documents and notify the applicant about the decision taken within 3 days after its acceptance. A notice of the issuance of a license indicating the bank account details and the deadline for payment of the license fee, or of the refusal to issue it, indicating the reasons for the refusal, is sent / handed over / to the license applicant.
For the issuance of a license, a license fee is charged in the amount of 10 times the minimum wage, and from license applicants who are organizations of the Armed Forces - in the amount of one minimum wage. A document confirming the availability of a license is issued within 3 days after the applicant submits a document confirming payment of the license fee.
A license is issued for a period of at least 3 years, and only upon application of the license applicant can it be issued for a shorter period. The validity period of a license may be extended at the request of the licensee in the manner established for its receipt.
In the event of a transformation of a legal entity, a change in its name or location, a change in the name or place of residence of an individual entrepreneur, as well as in the event of loss of a license, the licensee - a legal entity or its legal successor or an individual entrepreneur is obliged to immediately submit an application for re-issuance of the license with the attachment of relevant documents confirming the specified intelligence. Re-issuance of a license is carried out within 5 days from the date the licensee submits the relevant application; a fee in the amount of 0.1 minimum wage is charged for re-registration. Before re-registration, the licensee carries out its activities on the basis of a previously issued license and a receipt from the licensing authority on the acceptance of documents for its re-registration.
The licensing authority may suspend the license in cases where the licensing authority, state supervisory and control bodies, and other government bodies identify violations by the licensee of licensing requirements and conditions, which may entail damage to the rights, legitimate interests, morality and health of citizens, as well as the defense of the country. and state security; as well as failure by the licensee to comply with decisions of the licensing authority obliging the licensee to eliminate identified violations.
In addition, during the period until January 1, 2005, the licensing authority of a constituent entity of the Russian Federation shall suspend the validity of a license issued by the licensing authority of another constituent entity of the Russian Federation in its territory in cases where the license is not registered in this territory or the licensee does not comply with the requirements established in accordance with the legislation of the Russian Federation. to carry out the relevant type of activity in a given territory. The licensing body of the subject of the Russian Federation, within 3 days from the date of the decision to suspend or renew the license, informs in writing the licensing body of the subject of the Russian Federation that issued the license, state supervisory and control authorities and the licensee.
The license loses legal force and is considered canceled if the license fee is not paid within 3 months; from the moment of liquidation of a legal entity or termination of its activities as a result of reorganization /with the exception of transformation/ or termination of the certificate of state registration of a citizen as an individual entrepreneur. A license can also be revoked by a court decision based on an application from the licensing authority that issued the license or from a government agency in accordance with its competence. (PRIME TASS, 11/10/99)
What regulations Are the relationships that arise when selling vehicles through a consignment store regulated?
What regulations regulate the relationships that arise when selling vehicles through a consignment store?
The owner of a vehicle who wants to sell it has the right to seek the help of trade and intermediary organizations that trade in vehicles. In this case, relations arise: a) between the seller of the vehicle and the trade intermediary organization and b) between the trade intermediary organization and the buyer of the vehicle.
The first is regulated by Chapter 51 (Commission) of the Civil Code Russian Federation. Relations in the second case are regulated by paragraph 1 of Chapter 30 of the Civil Code of the Russian Federation, which contains general norms on purchase and sale, as well as paragraph 2 of this chapter, which contains special rules governing retail purchase and sale.
Along with the special rules governing these relationships, the legal relations that arise during commission sales also apply: general rules about the transaction, obligations, civil contracts etc.
In addition to the above rules, the rights and obligations of the parties in this case are determined by the provisions of special rules relating to the corresponding individual types of commission. So, in particular, the specific conditions and procedure for commission sales are determined by the “Rules for commission trading in non-food products”, which are approved by Decree of the Government of the Russian Federation dated September 26, 1994 No. 1090 (hereinafter referred to as the Rules for commission trading).
In addition, the commission trade in vehicles is subject to licensing and requirements for organizing sales. Law of the Russian Federation "On the Protection of Consumer Rights".
Who can carry out commission trade in motor vehicles?
Commission trade in motor vehicles can be carried out by enterprises (organizations) that have a license for this type of trading activity, issued by executive authorities in the prescribed manner.
A trade enterprise is required to have a sign indicating the company name, legal form of activity, legal address and mode of operation, as well as provide information to the consumer about the license number, its validity period and the authority that issued this license.
Who can sell a vehicle for consignment?
Vehicles are accepted for commission from citizens of the Russian Federation, foreign citizens, stateless persons, as well as from enterprises, institutions, organizations, regardless of their legal form.
Goods accepted for consignment:
from citizens upon presentation of a passport or other document replacing it, identifying them;
from enterprises (organizations, institutions) upon presentation of an invoice, drawn up and issued in the prescribed manner to an authorized person of the enterprise (institution, organization), and his passport or a document replacing a passport (clause 24 of the Commission Trade Rules).
How is the relationship between the seller of a vehicle and the organization engaged in commission trading formalized?
The basis for the emergence of a commission legal relationship is a commission agreement concluded between the seller of the vehicle and the intermediary.
The parties to a commission agreement are called the commission agent and the principal.
Commissioner - trade Organization, obliging to sell a vehicle belonging to the principal for a fee on its own behalf.
Principal - a citizen or enterprise (organization) that has the right to dispose of a vehicle and wants to sell it.
The third party (buyer), with whom the commission agent enters into an agreement in pursuance of the principal's instructions, remains outside the relationship between the commission agent and the principal.
The commission agreement is concluded in simple written form. It indicates the sale price of the vehicle handed over for commission, the procedure and terms for its markdown; The amount of commission and expenses for storing the vehicle is determined.
The commission agent, in accordance with current legislation, is obliged to provide the buyer with the necessary and reliable information about the product being sold. In this regard, the contract and the product label attached to the vehicle set out the characteristics of the condition of the vehicle (new, used, etc.).
etc.), and also the following must be indicated:
an identification number;
make, model of the vehicle;
name (type);
year of issue;
numbers of the engine, chassis (frame), body (trailer), registration plate "TRANSIT";
body (cabin) color;
mileage according to the speedometer;
series and number of the vehicle passport.
The commission agreement and the product label are signed by the citizen (representative of the seller company) who handed over the vehicle for commission, and by an official of the store (clause 23 of the Commission Trade Rules).
Coordination of the sale price of the vehicle.
The selling price of the vehicle is determined by agreement between the commission agent and the commission-tenant. In this case, the duties of the commission agent include informing the principal about the current free retail prices for goods handed over for commission, about the state of supply and demand for them.
The agreed upon sales price is stated in the commission agreement and product label.
Determination of commission. Reimbursement of vehicle storage costs.
A commission agreement is reimbursable, since the commission agent receives remuneration from the principal for transactions performed. Typically the commission is set as a percentage of the price at which the vehicle is sold. The amount of commission agreed upon by the commission agent and the principal is fixed in the commission agreement.
If the contract does not provide for the amount of remuneration or the procedure for its payment and cannot be determined based on the terms of the contract, the remuneration is paid after the execution of the commission contract in the amount that, under comparable circumstances, is usually charged for similar services.
The commission agent has the right to demand reimbursement of expenses for storing the principal's vehicle in his possession only if the condition for reimbursement of such expenses is provided for in the concluded agreement (Article 1001 of the Civil Code of the Russian Federation).
What vehicles are accepted for commission?
Both new and used vehicles that are suitable for use, do not require repairs, and meet the requirements can be submitted to the commission. sanitary standards and requirements.
The degree of wear and tear of a vehicle, if it is suitable for use, cannot serve as a basis for refusing to accept it for commission.
All vehicles, as well as numbered units for them (such as engines, bodies, chassis, frames), subject to registration in the prescribed manner with the State Automobile Inspectorate, can be accepted for commission, subject to the provision of a document certifying the ownership of these vehicles means, units for them and their deregistration with the State Traffic Inspectorate in connection with the sale, as well as the temporary registration plate "TRANSIT", issued for vehicles by the State Traffic Inspectorate.
The procedure for accepting vehicles imported from abroad for commission.
Vehicles imported into the territory of the Russian Federation from abroad are accepted for commission if there is confirmation customs authority of the Russian Federation that in respect of such vehicles no benefits on customs duties were provided, or with the permission of the customs authority of the Russian Federation, if such benefits were provided (Part 2 of Article 15 of the Commission Trade Rules).
Can vehicles that are “not running” be accepted for commission?
Such vehicles may be accepted for commission, but only with the consent of the commission agent.
The procedure for marking down funds accepted for commission.
The procedure and amount of markdown of a vehicle accepted for commission are agreed upon by the commission agent and the committent when concluding a commission agreement, subject to the following conditions:
the sale price of a vehicle accepted and not sold within the period stipulated by the commission agreement, including after markdown, can be reduced only with the consent of the principal with the call and without calling him;
the agreed upon markdown amount for a vehicle is established taking into account supply and demand for similar goods and should ensure its sale at the most favorable price for the consignor;
markdowns of a vehicle handed over for commission are made no more than 3 times (with the consent of the commission agent, the number of markdowns can be increased);
if the principal refuses the third markdown, the vehicle is returned to him, and the commission agent is reimbursed for the costs of storing the vehicle;
if the vehicle is not sold after the third markdown and the commission agent has agreed to an additional markdown for its further sale, the order of all subsequent markdowns is established by agreement of the parties with the necessary additions to the commission agreement;
the agreed terms for the sale of a vehicle before and after its markdown are established taking into account the average turnover of similar goods;
at the request of the principal, the markdown of the vehicle can be carried out earlier than the deadlines provided for in the commission agreement;
Markdowns of a vehicle are reflected in the list of goods accepted for commission and the product label attached to the commission agreement.
In what order is the consignor called to mark down a vehicle? Consequences of violating this order.
To carry out the first and second markdowns of a vehicle, it is not necessary to call the principal, unless otherwise provided by the commission agreement.
The third markdown of the vehicle is carried out by calling the consignor.
The method of calling the principal and the timing of his appearance must be provided for in the contract.
If the principal does not appear when called, the commission agent has the right to independently reduce the price of the vehicle, taking into account supply and demand. At the same time, the established price should ensure the most profitable sale of the vehicle for the principal.
If the commission agent carries out the third markdown of the vehicle without the consent and call of the principal and sells the vehicle, the commission agent pays to the principal, in addition to the amount received from the sale of the goods, the difference between the price after the second markdown and the selling price (part 7, clause 30 of the Commission Trade Rules).
Can the principal demand the return of the vehicle transferred to him for commission?
The vehicle received by the commission agent from the principal is the property of the latter and is retained by him until the moment of its sale (transfer to the buyer). In this regard, the principal may at any time demand from the commission agent the return of a vehicle that has not yet been sold by presenting the commission agreement and passport.
However, in this case, the principal is obliged to pay the commission agent the costs of storing the vehicle.
What is the procedure for returning a vehicle accepted for commission if hidden defects are discovered in it?
A new vehicle with hidden defects that were not discovered when it was accepted for commission and identified before the sale (transfer) to the buyer is removed from sale and must be returned to the principal, unless it is proven that the defects arose through the fault of the commission agent. In this case, the costs of storing the vehicle are not charged to the principal.
By agreement of the parties, a different procedure for using this product may be provided (clause 33 of the Commission Trade Rules).
The procedure for settlements with the principal for the sold vehicle.
Money for the sold vehicle is paid to the principal no later than the third day after its sale upon presentation of the commission agreement, passport or other document replacing it, identifying him. For late payment of money due to the fault of the commission agent, the committent has the right to demand from him payment of a penalty in the amount of 0.5% of the amount due to him for each day of delay.
If the principal under the concluded commission agreement is an enterprise, then payments must be made cashless through banking institutions. By non-cash payment, money for the sold vehicle and penalties can also be paid to the principal, who is a citizen, at his request.
Payment of money for the sold goods and penalties can be made by the commission agent to another person upon presentation of the commission agreement and the principal’s power of attorney, executed in the prescribed manner.
Commission trading procedure.
A vehicle accepted for commission must arrive at shopping room no later than the next day after taking it. In the event of a delay in the receipt of a vehicle for sale due to the fault of the commission agent, he shall pay the principal a penalty in the amount determined by the commission agreement, but not less than 3% of the amount due to the commission agent for each day of delay. At the same time, the principal has the right to demand from the commission agent the renewal of the contract for a new term or the return of the goods without paying the costs of storing them (clause
31 Commission Trading Rules).
Commission sales should be carried out using cash registers and delivery to the buyer along with the purchase cash receipt, and upon sale individual species goods, in particular vehicles, as well as a sales receipt with a note on payment (clause 34 of the Commission Trade Rules).
How is the relationship between the organization engaged in commission trading and the buyer of the vehicle formalized?
A purchase and sale agreement is concluded between the buyer of the vehicle and the consignment store. The fact of concluding a contract for the sale and purchase of a vehicle through a consignment store
is certified by the issuance by the seller (thrift store) to the buyer of documents confirming payment for the goods - a cash receipt and a sales receipt.
In addition, when purchasing a vehicle through a consignment store, the buyer is given:
certificate-invoice (a document certifying ownership of a vehicle and necessary for registering it with the traffic police);
temporary registration plate "TRANSIT";
vehicle passport (if it was issued in the prescribed manner).
When selling a vehicle that has a warranty period, if it has not expired, in addition to the specified documents, the buyer is given a warranty card, passport, service book or other document received from the consignor, confirming the buyer’s right to use the remaining warranty period (clauses 34, 35 of the Rules commission trading).
What does a buyer to whom a vehicle with defects was sold have the right to do?
A buyer to whom a vehicle with defects not specified by the commission agent was sold has the right, at his own discretion, to:
demand a proportionate reduction purchase price a vehicle accepted for commission;
replacing a vehicle with the same one, but of a different model, with a corresponding recalculation of the purchase price (for example, exchanging a seventh model Zhiguli car for a fifth model Zhiguli car);
termination of the purchase and sale agreement and compensation for losses;
free elimination of defects or reimbursement of expenses for correcting defects by the buyer or a third party (with the consent of the commission agent);
replacement with a similar vehicle of the same model (with the consent of the commission agent).
If a dispute arises about the causes of defects in the vehicle, the seller is obliged to conduct an examination of it at his own expense. The buyer has the right to challenge the conclusion of such an examination in court.
If, as a result of the examination, it is established that the deficiencies arose after the transfer of the vehicle to the buyer as a result of his violation of the established rules for the use, storage or transportation of the vehicle, the actions of third parties or force majeure, then the buyer is obliged to reimburse the consignment store for the costs of conducting the examination, as well as associated costs for storage and transportation of the vehicle. Otherwise, the buyer's request must be satisfied.
A used vehicle purchased from a commission agent, as well as a vehicle that is “not running”, the shortcomings of which were specified by the seller, will not be accepted back or exchanged.
Can a buyer exchange a new car of good quality purchased at a consignment store if for some reason it does not suit the buyer?
Additional protection of the interests of buyers is the following rule, provided for in clause 37 of the Rules for commission trade in non-food products and art. 502 of the Civil Code of the Russian Federation: a new product of appropriate quality purchased from a commission agent, if it does not suit the buyer in shape, dimensions, style, color, size, or for other reasons cannot be used by him for its intended purpose, is exchanged for a similar product within 14 days, not counting day of purchase.
A situation is possible when a buyer asks to exchange an item, but there is no similar item on sale. In this case, the buyer has the right to terminate the contract and demand the amount paid for the goods. In this case, the buyer does not have the right to demand compensation for losses (for example, costs of delivery of goods, etc.), as well as recalculation when the price of goods similar to the one being handed over changes.
Who is obliged to compensate the buyer for damages if it suddenly turns out that a car purchased through a consignment store is wanted as stolen?
Due to the fact that the commission agent, in accordance with Art. 990 of the Civil Code of the Russian Federation makes transactions with third parties on behalf of the principal and for him, but on his own behalf, the rights and obligations from these transactions arise not from the principal, but from the commission agent. In this regard, the buyer of a car, from whom this car was subsequently seized as stolen and returned to the previous owner, has the right to apply for compensation for damages to the consignment store through which this car was purchased, and if the store refuses to voluntarily compensate for the damage, to demand it compensation in court.
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