Selling goods remotely today is a fairly popular way of doing business. Already more than a quarter of the total 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 conventional outlets.
Distance selling involves the sale of ordinary contract, but it is considered concluded after the consumer gets acquainted with the information about the product. The description, according to the rules for the sale of goods by remote means, is displayed on the website, in a special booklet, in photographs or using other electronic means.
Among the legislative bases for the sale of goods remotely, we single out the RFP, the federal law"On Advertising", Civil Code of the Russian Federation. And yet, the main document that you should be guided by when buying remotely is the "Rules for the sale of goods remotely." Our article is about the main provisions of this law.
How is a sale and purchase agreement concluded remotely?
The Civil Code of the Russian Federation in Article 497 says that it is possible to conclude a trade agreement when selling goods remotely through familiarization with the characteristics of this product. It doesn't matter where this description is located. When there is no other way to sign the contract, then such a measure is considered acceptable.
What information should the store provide to the buyer before selling by remote method? We read about this in Art. 26.1 POZPP:
- Consumer properties of a thing;
- The location of the store and the place of production (manufacturing) of the goods;
- Legal name of the manufacturer and seller;
- Price, features of the acquisition of the thing and methods of its delivery;
- Expiration date or warranty;
- Methods and rules of payment;
- Validity of the trade agreement proposal.
Distance selling rules allow this data to be indicated in a public contract on the company's website or in an advertising booklet. The law "On Advertising", Article 8, contains slightly different data that the seller is required to provide.
In addition to the name of the enterprise and its location, it is required to indicate the registration number (issued upon organization legal entity). For delivery, the seller may use the services of third-party companies and third parties.
Information
If a we are talking about IP, then as additional information he must disclose his full name and registration data.
Providing information upon delivery
Immediately upon delivery of the goods, the consumer must receive the following information:
- Product compliance document established standards quality;
- Warranty period (if any) and rules for safe operation;
- Determining consumer properties, the main qualities of works and services;
- When delivering food products, they should be accompanied by information about their composition, storage modes, contraindications, etc.;
- Price in Russian currency and terms of repayment of the loan, its schedule and the amount of the monthly payment (when buying on credit);
- Service life, actions after its expiration, information on the correct disposal of expired items;
- Information on energy efficiency (if required by law);
- Location and address of the store;
- Document on the environmental safety of the goods;
- Data on the 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 item 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. Data can be applied by marking on the packaging. Sometimes they stick labels or simply hand out a leaflet with the right information in person upon delivery.
A warning
The contract is fulfilled when the purchase is delivered to a predetermined place or to the address of the citizen's residence (at the address of the company).
Features of remote purchase of goods
With the remote method of selling goods, the store delivers the goods at the appointed time. However, this period is far from always prescribed in the contract, sometimes it is impossible to determine it exactly. In this case, one requirement is imposed on the delivery time - reasonableness.
If the delivery did not take place within an acceptable time frame, and the buyer made a corresponding claim to the seller, then one week is allotted for its execution. In case of violation of this period, you can apply to the court to hold the store liable.
It happens that the delivery did not happen due to the fault of the consumer - for example, he was not at home at the right time. Then the seller agrees on a re-delivery on time, and the costs for it fall on the shoulders of the buyer.
Article 23.1 of the LOA regulates the seller's liability in the event of delay in delivery of goods that have already been paid for. The organization will be obliged to pay the buyer a penalty in the amount of 0.5% of the value 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 end of the penalty ends at the time the claims are satisfied. Otherwise - from the date of return of the previously paid cost of the goods.
The amount of the penalty cannot exceed the value of the item. That is, as much as possible from the seller, you can recover twice the amount of the purchase.
Attention
When receiving a parcel or delivering it through a courier, be sure to check the integrity of the purchase, its completeness 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 require payment for them.
When returning purchases made in online stores, you must comply with a number of requirements, the most important of which are a good presentation of the item, the absence of signs of wear or operation. This is necessary so that the seller can sell the goods in the future.
To return the money to the seller with a letter, checks or an agreement are sent. It is possible to request an exchange of goods. The term for the exchange is standard - 14 days from the day following the day of purchase.
To return, you must:
- Send a written complaint to the organization registered letter(or contact the manager on the website and agree on other ways to return);
- Find out the address to which the returned goods are sent;
- Get the money back and send the goods back to the store by mail or courier.
Any documents proving the fact of purchase are attached to the submitted claim. The return is considered completed after the seller issues the invoice or act. These documents fix the refusal of the public offer legally.
AT recent times The remote method is gaining more and more popularity. Along with the convenience and relevance 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 framework for regulation
According to the second paragraph, a retail sale contract can be concluded after the client has familiarized himself with the product description offered by the seller, which is recorded in the prospectus, booklet, catalog, photographs, on television, in social networks. Familiarization with the goods can also take place in other ways, if they exclude the possibility of direct acquaintance of the buyer with the goods.
AT legal acts the specified type of trade is considered as a remote method of sale. Issues on 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 the sale of goods by remote means (dated September 27, 2007).
- Federal Law No. 381, which defines the basis for state regulation of trading activities in Russia (dated December 28, 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 (October 12, 2007).
Conclusion of contracts for the sale of goods remotely
Remote sales is the retail sale of various goods on the basis of sales contracts, which are concluded by buyers upon studying the information obtained from brochures, catalogs, booklets, using social networks, websites and other means of communication, as well as through other means that exclude the possibility of familiarizing the buyer with the goods or their samples immediately before the conclusion of the contract.
According to Art. 26.1 LOZPP (the law protecting the rights of consumers in the Russian Federation), until the conclusion of the 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 main commodity properties.
- Location.
- Place of production of goods.
- Company full name of the manufacturer and seller.
- Conditions and purchase price this product.
- Warranty, shelf life and service.
- The order and methods of payment for the selected goods.
- Validity period of the offer to conclude a sales agreement.
The Law on Distance Selling determines that the listed information can be provided in the form of advertising, annotations to the product, a public type agreement posted on the official website of the seller company.
The eighth article of the law of the federal level on advertising indicates that the following information about the seller himself must be supported with a product purchased via the Internet or an item purchased in a retail order:
- Location of the seller (legal and actual address).
- Name and legal form.
- Registration state number of the record that the specified legal entity was created.
- Surname, name, patronymic and state registration main number of the record that the specified individual was registered as an individual entrepreneur.
Features of distance selling are that the seller must offer a potential buyer a service for the delivery of the purchased goods. Delivery methods can be forwarding in the form of a postal item or transportation with a note on the delivery method used and the mode of transport (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 without fail).
Necessary to provide the buyer with information about the product
When registering the delivery of the purchased goods, the buyer is obliged to provide written information on the return of the goods during distance selling, its procedure and other information. This information includes the following data:
- the name of the technical type regulation or other technical document established by Russian law, which will be a confirmation of the conformity of the specified product;
- the main consumer properties of the purchased goods, work performed or services rendered;
- data on the composition of the food product, its value (food), purpose, storage and use of the product, methods of preparing dishes using it, weight, place and date of manufacture, time and place of packaging, the presence of contraindications for use in the presence of various diseases;
- price in the current currency (in rubles), conditions for the purchase of goods (for example, installment plan or loan, lump sum payment, loan repayment terms and schedules, and so on);
- warranty period (if any);
- conditions and rules for the safe and efficient use of the purchased goods;
- 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);
- the expiration date and service life of the goods, the options for the consumer to act upon the expiration of the specified period, the possible consequences of using an expired product (harm to the health and life of the buyer, unsuitability);
- the location of the seller and the name of the company character;
- information on confirmation that the product complies with established standards;
- information about the rules for the sale of goods;
- indication of a specific person who will deliver the purchased goods;
- information about the early use of the product and the elimination of the shortcomings identified in it (if such a fact took place).
All the 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 sale of goods in the above way is the moment of transfer of delivery of the specified goods to the point specified in the contract, or to the place indicated by a citizen or legal entity (if a single delivery address is not specified in the contract).
Rejection of any item purchased online
The distance sale of alcohol and other goods determines the special protection of the rights of consumers who buy things via the Internet. This is due to the inability to inspect and touch the goods before buying, to assess the quality of the purchased item and its features until the moment of receipt.
In connection with these facts, the legislation gives the buyer the opportunity to refuse to make a purchase until the moment 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 seller organization for all expenses that were incurred by it due to the performance of actions aimed at fulfilling the contract (for example, pay for delivery).
Article 26.1 of the law that protects the rights of consumers, the buyer is given the right to refuse the purchased goods before the expiration of seven days from the date of receipt. In cases where there is no information on the timing and procedure for returning an item of appropriate quality (not provided by the seller in writing upon delivery of the goods), the return period is extended in favor of the consumer to three months.
These terms apply only for distance selling. In other cases, only goods that have defects can be returned. In relation to a quality product, only the replacement of a thing with another one (by color, size, and so on) can be carried out. In this case, the exchange period is limited to fourteen days.
When making purchases via the Internet on trading floors, it is possible to return the goods 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, it is impossible to refuse a product of the appropriate quality. This applies to items 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 bought 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 shopping, the same return policy applies as for regular sales (Article 18 of the consumer protection law).
If the buyer has discovered a defect, he has the right to take one of five actions:
- Request to replace the item with exactly the same.
- Demand to replace the thing with the same, but with a different brand (with recalculation of the price, if the cost is different).
- Demand to reduce the price of the goods to a proportionate amount.
- Require the seller to immediately eliminate the identified deficiencies free of charge.
- Refuse the goods and demand a refund in exchange for the returned defective item.
- Claim damages if incurred due to purchase low-quality goods.
Possible actions after the expiration of the statutory deadlines
When selling remotely, it is also possible to return (replace) the goods in the following cases:
- if a defect of a significant nature is found in the goods;
- if the seller violated the deadlines established by law to eliminate the identified shortcomings;
- 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 recognized as technically complex. Their list is established by the Decree Russian government No. 575 of May thirteenth, 1997.
Return policies
At retail and distribution of goods through trading floors the seller is equally responsible for the quality of the goods and the identified defects. Defects are the responsibility of the seller if the buyer proves that they arose before he received the goods.
If deviations from the quality parameters are detected, the seller must accept the item for quality control. The buyer can take part in this verification. 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 a low-quality product is large or weighs more than five kilograms, its delivery for inspection, repair, replacement, markdown or return is at the expense of the seller.
Conducting an examination
According to sections 20-22 of the law protecting the rights of consumers 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 established that the seller is not to blame for the occurrence of defects (buyer's fault, force majeure, and so on), 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 distance selling rules 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 service period, or within ten years, if such a period is not established.
If after the examination it is established that it is impossible to eliminate the defects, the buyer may demand the replacement of the thing or a refund for it.
Compiling a return invoice
The return of goods is accompanied by the preparation of an appropriate waybill. It contains the following information:
- company full name of the seller organization;
- the name of the product purchased via the Internet;
- surname, name, patronymic of the consumer;
- the date of signing the contract and the transfer of the thing;
- amount to be returned;
- signatures of the parties.
If the seller refuses to draw up an invoice or an act, the buyer does not lose his right to return the goods or money for it. If the date of return of funds and goods does not match, the money is transferred to the buyer in one of the ways chosen by him:
- Translation by mail.
- Cash at the location of the seller.
- Transfer to the buyer's bank account.
All costs for the return of funds are borne by the seller.
Deadlines for filing claims
By general rule the terms for filing claims for product defects are warranty periods or expiration dates. 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 present a claim to the seller if it is proved to him that the defects of the thing arose before its transfer to the buyer. If the warranty periods are not specified, the general period is two years, unless other periods of time are established by law or the sales contract.
The terms of the guarantee and the service life of the goods are calculated from the moment of its transfer to the buyer, unless other conditions are prescribed in the contract. For example, for seasonal goods, the terms begin to be counted in accordance with regulations entities based on the climatic conditions of the buyer's place of residence.
When delivering goods purchased via the Internet, the terms begin to count from the moment the item is delivered to the consumer. If it is impossible to determine the term, its beginning coincides with the day of the conclusion of the contract for the sale of goods.
The terms for eliminating the shortcomings identified in the product are similar to the terms for the purchase and sale of a retail type.
Despite the obvious differences between online purchases and retail sales, the principles of sale, as well as the rights of buyers, are identical. In some cases, buyers of online goods are more protected than retail buyers. This is due to the fact that sellers are required 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 thing. In addition, sellers must enter into relevant contracts, pay taxes, be responsible for the compliance of goods with quality standards, and also compensate for losses incurred by buyers (if necessary).
It is enough to have a computer, Internet access, appropriate software and a master who can create a site. Legal norms The activity of each online store is regulated by the Federal Law "On Protection of Consumer Rights".
According to paragraph 1 of Article 25 of the Law on Consumer Rights, the seller is not entitled to refuse to exchange or accept the goods if the following conditions are met: the goods were not in use; the presentation is completely preserved; preserved consumer properties; seals and factory labels are not broken; there are checks (cash, commodity) 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, which make up the full cost of the goods (upon purchase), while the funds must be transferred to the buyer within three days (the method of payment does not matter); exchange the product later - immediately after the receipt of a similar product on sale. Thus, the return of goods of good quality with a full refund of its cost is possible only if the seller does not have a similar product. The term for the exchange of goods of good quality is exactly two weeks, that is, 14 days from the day following the day of purchase.
means of communication or in other ways, excluding the possibility of direct acquaintance of the consumer with the goods or a sample of the goods at the conclusion of such an agreement. In accordance with Article 26.1 of the Law of the Russian Federation "On the Protection of Consumer Rights", even before the conclusion of the contract, the seller must provide the consumer with the following information: the main consumer properties of the goods; location of the seller; place of manufacture of goods; full company name of the seller or manufacturer; price and terms of purchase of goods; features of the delivery of goods; service life, shelf life and warranty period; order of payment for goods; the period during which the offer to conclude the contract is valid. This information can be provided either in the form of advertising, or as an annotation to the product, or in the form of a public contract of sale posted on the seller's website. Also, in accordance with Article 8 of the Law “On Advertising”, the following information about the seller must be indicated in the advertisement of goods in the remote way of their sale: name; location; state registration number of the record on the creation of a legal entity; surname, name, patronymic and the main state registration number of the record of 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 mail or transportation, indicating the method of delivery used and the mode of transport (p.Contained in catalogs, brochures, booklets, or presented in photographs or by means of communication. or in other ways, excluding the possibility of direct acquaintance of the buyer 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 claim that since at the time of transfer the buyer had the opportunity to directly familiarize himself with the goods, then such trade is not remote.
If at the time of delivery you were not provided with written information on the procedure and terms for returning the goods, then the specified period is extended to three months (clause 4, article 26.1 of the Law of 07.02.1992 N 2300-1). This means that if before the actual transfer of the goods or the expiration of the above periods you change your mind about purchasing the goods, then you have the right to return it to the seller and demand back the money paid (in case of prepayment) without specifying any grounds. It should be borne in mind that the law establishes minor restrictions. So, you have no right to refuse goods of good quality, which have individually certain properties, by virtue of which the goods can be used exclusively by you. In addition, it is possible to return goods of good quality to the seller if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified goods 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 the purchase at any time until the transfer of the goods 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 costs of the seller for the delivery of the returned goods from the consumer, no later than ten days from the date of presentation by the consumer of the corresponding requirement. Thus, these are the only costs that the consumer will incur in case of refusal of the goods.My Website? Built with Jimdo
Distance selling: return of goods
It is formed on the basis of the Rules for the sale of goods by remote means, which were approved back in 2007 by a separate government decree. The rules regulate the relationship between the buyer and the seller in the implementation of remote trading. This document also establishes the procedure for selling goods and services in the Internet space. The regulation of activities in the field of distance selling provides for the possibility for the buyer to purchase goods for family or personal needs. 4 tbsp. 26-1 of the Law "On Protection of Consumer Rights". in the event that the seller has not notified the buyer in writing of the above terms for returning goods of good quality, the term for the buyer is automatically increased to three months. That is, the consumer, if the procedure and terms for returning the goods were not explained to him against signature, has the right to refuse the transaction for the sale of goods and demand his money back three months after the purchase of the goods.Therefore, it is important for entrepreneurs who sell remotely to keep this provision of the law in mind and, together with the sales receipt, guarantee 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 buying things in an online store, they did not fit, and the seller refuses to exchange the goods, referring to the consumer missing the deadline.
In this case, it is necessary to check whether the seller has notified about the reduced terms for the exchange, because 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 shopping in the online store Consumer protection in distance selling on AliExpress
touch it with your hands) until you receive it; acquaintance of the order takes place in an interactive way, on the basis of information taken from catalogs, television, radio, Internet resources, advertising booklets will be included in the category of 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 sale and purchase agreement concluded in distance selling? The information posted on the website of the online store is a public offer of the 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 clause 12 of the Rules, i.e.Remote method of selling goods (REMINDER FOR CONSUMERS)
26.1 of the Law of the Russian Federation "On 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 buying goods remotely, you need to know the following: 1. The seller who sells goods remotely must indicate address for returning the goods in case of such a need. 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 be aware that Russian legislation on the issue of distance selling is based on the principle of “satisfaction or refund”, which is typical for a number of European states. In simple terms, 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 is endowed with the right to refuse the previously selected product.Return of the Goods of good quality is possible if its marketable condition, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified Goods (commodity or cash receipt, overhead). If, when considering the Buyer's request for the exchange / return of the Goods, it is established that the Goods were in operation, have defects, are incomplete or not in their original packaging, the exchange / return by the Seller will not be made. The Buyer's lack of a document confirming the fact and conditions of the 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 the Goods of inadequate quality If the Buyer was delivered the Goods with a manufacturing defect, the Buyer has the right: 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, while returning the Goods to the Seller. Please note that the Seller reserves the right, if necessary, to conduct an examination of the Goods.
If the contract does not specify the delivery time of the goods and there is no way to determine this period, the goods must be transferred by the seller within a reasonable time. An obligation that has not been fulfilled within a reasonable time, the seller must fulfill within 7 days from the date the buyer submits a demand for its fulfillment. If the delivery of the goods is made within the terms established by the contract, but the goods were not transferred to the buyer due to his fault, the subsequent delivery is made within the new terms agreed with the seller, after the buyer re-pays the cost of services for the delivery of the goods. The seller is obliged to transfer to the buyer the goods, the quality of which corresponds to the contract and the information provided to the buyer at the conclusion of the contract, as well as the information brought to his attention during the transfer of the goods.
Distance selling rules in 2019
A person can get acquainted with the description of the goods in booklets, brochures, catalogs, from photographs, with the help of information about the goods presented on the website on the Internet or through other various channels for disseminating information. That is, when selling goods remotely, there is no personal contact between the seller and the buyer, a person makes a purchase decision based on the description and images of the goods.Currently, among consumers, the sale of goods by remote means is of particular relevance.
When purchasing goods remotely, you need to know about the conditions and features that distinguish remote trading from the sale of goods in stores.
To begin with, let's define what is the sale of goods remotely?
Sale of goods by remote means - sale of goods under a retail sale and purchase agreement concluded on the basis of familiarization of the buyer with the description of the goods proposed by the seller contained in catalogs, brochures, booklets or presented in photographs or by means of communication, or in other ways that exclude the possibility of direct acquaintance of the buyer with goods or a sample of goods at the conclusion of such an agreement.
The main feature of distance selling is that the consumer does not have the opportunity to personally get acquainted with either the product itself or with a sample of the product until it is received.
The main provisions of distance trading are regulated by Art. 26.1 of the Law of the Russian Federation "On Protection of Consumer Rights" and the Rules for the sale of goods by remote means, approved by Decree of the Government of the Russian Federation of September 27, 2007 No. 612.
When buying goods remotely, you need to know the following:
1. The seller who sells the goods remotely must necessarily indicate the address for the return of the goods in case of such a need.
2. when the ordered goods are delivered, the consumer needs to study the information about the goods and the manufacturer, which should contain:
- Name of product;
- information about the main consumer properties of the goods;
- information about the warranty period, if any;
- rules and conditions for the efficient 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 possible consequences if such actions are not taken, if the goods after the expiration of the specified periods pose a danger to the life, health and property of the buyer or become unsuitable for their intended use ;
- address (location), full company name (name) of the seller;
- information on the mandatory confirmation of the compliance of goods with mandatory requirements that ensure their safety for the life and health of the buyer, environment and prevention of damage to the property of the buyer in accordance with the legislation of the Russian Federation;
- price, order and terms of payment for the goods.
The specified information must be brought to the attention of the buyer in writing at the time of delivery of the goods (for imported goods- in Russian).
If information on the procedure and terms for returning goods of good quality was not provided in writing at the time of delivery of the goods, the buyer has the right to refuse the goods within three months from the date of transfer 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 another way accepted for certain types goods.
The seller is obliged to transfer the goods to the buyer in the manner and terms established by the contract.
If the delivery period is not specified in the contract and there is no way to determine this period, the goods are transferred by the seller to the buyer within a reasonable time. Obligations not fulfilled within a reasonable time, the seller must fulfill within seven days from the date of the buyer's demand for its fulfillment. For violation of the delivery time, the seller is liable in accordance with the civil legislation of the Russian Federation.
If the delivery of the goods is made within the terms established by the contract, but the goods were not transferred to the buyer due to his fault, the subsequent delivery is made within the new terms agreed by the seller, after the buyer re-pays the cost of services for the delivery of the goods.
If the goods were paid in advance, but not delivered on time due to the fault of the seller, the seller will be liable for violation of the deadline for the transfer of goods in accordance with Art. 23.1 of the Law "On Protection of Consumer Rights", namely:
In case of violation of the deadline for the transfer of prepaid goods to the consumer established by the contract of sale, the seller pays him for each day of delay a penalty (penalty) in the amount of half a percent of the amount advance payment goods. The penalty (penalty) is collected from the day when, under the contract of sale, the transfer of goods to the consumer should have been carried out, until the day the goods were transferred to the consumer or until the day the consumer's demand for the return of the amount previously paid by him is satisfied. However, the amount of the penalty (penalty) collected by the consumer cannot exceed the amount of the advance payment for the goods.
Upon receipt of the goods, it is necessary to check the integrity, completeness of the goods, the conformity of the delivered goods with the ordered, the availability of accessories for the goods and documentation for the goods, and other characteristics and data of the delivered item.
The seller is not entitled to offer the consumer goods that are not specified in the initial offer of goods for sale, as well as demand payment for them (clause 19).
Grounds for returning goods purchased remotely
The return of goods to the seller, who trades remotely, may take place in the following cases:
1. due to the receipt of goods of inadequate quality, the presence of defects in the goods
In Art. 18 of the Law of the Russian Federation "On Protection of Consumer Rights" and clause 29 of the Rules for the sale of goods by remote means, the buyer's right is secured in the event of receiving goods of inadequate quality to:
- gratuitous elimination of product defects,
- reimbursement of costs for their correction by the buyer or a third party,
- demand for a commensurate reduction in the purchase price,
- replacement for a product of a similar brand (model, article) or for the same product of another brand (model, article) with a corresponding recalculation of the purchase price.
- refuse to fulfill the contract and demand a refund of the amount paid for the goods when returning the goods to the seller.
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 terms established by the Law of the Russian Federation "On Protection of Consumer Rights". This period may not exceed ten days from the date of presentation by the buyer of the corresponding demand to the seller.
In relation to a technically complex product, the consumer, in the event that significant shortcomings are found in it, has the right to refuse to fulfill the contract of sale and demand a refund of the amount paid for such a product or demand its replacement with a product of the same brand (model, article) or with the same product another brand (model, article) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer of such goods to the consumer. After this period, these requirements are subject to satisfaction in one of the following cases:
- discovery of a significant defect of the goods;
- violation of the terms established by the Law of the Russian Federation "On Protection of Consumer Rights" for the elimination of product defects;
- the impossibility of using the product during each year of the warranty period in the aggregate more than thirty days due to the repeated elimination of its various shortcomings.
2. due to the refusal of goods of good quality, not suitable size, completeness, etc.
Return of goods of proper quality is possible if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified goods are preserved. However, the buyer's lack of this document does not deprive him of the opportunity to refer to other evidence of the purchase of goods from this seller.
The buyer does not have the right to refuse goods of good quality, having individually defined properties, if the specified goods can be used exclusively by the consumer who purchases it.
If the buyer refuses the goods, the seller must return to him the amount paid by the buyer in accordance with the contract, with the exception of the seller's expenses for the delivery of the returned goods from the buyer, no later than 10 days from the date the buyer presents the relevant demand.
The sale of goods, which involves virtual familiarization of the client with its properties, is called the remote method of selling goods. The Law "On Protection of Consumer Rights" dedicates Art. 26.1. More detailed conditions are given in the Rules for the sale of goods by remote means (hereinafter referred to as the Rules).
This document does not apply when ordering works or services as an independent object 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 an auction.
Under the distance sale of goods is understood as their implementation with the help of booklets, brochures, catalogs, the Internet. In a word, any method that excludes the direct acquaintance of the buyer with the properties of the product.
The list of goods sold through is extensive. Restrictions are set only for certain types of products: alcohol and other items, the sale of which is restricted by law.
Distance trading implies the obligation of the seller to inform customers before concluding an agreement on:
- properties of the products sold;
- seller's address;
- the seller's name and location;
- cost and order of purchase of products;
- delivery method;
- expiration dates and service life;
- payment.
The provisions of the Rules for the sale of goods by remote means determine that upon delivery of the order, the client must receive in writing information 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 on the use of GMOs;
- price;
- warranties, if any;
- rules of use;
- expiration date;
- seller and manufacturer: name and location;
- safe application;
- sale rules;
- the person performing the work;
- energy efficiency.
Alcohol
The sale of alcoholic beverages is placed in an increasingly rigid framework. Although the showcases alcoholic products are 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, buying alcohol via the Internet would become a way out for certain categories of citizens who rely on loopholes in the legislation (for example, Federal Law No. 171, which regulates the circulation and consumption of alcoholic beverages). However, the sale of alcohol remotely is prohibited (Article 5 of the Rules). That is why in restaurants offering food delivery, even low-alcohol products cannot be found.
In the sale of alcohol-containing products, changes in its rules are possible. In the spring of 2017, a draft law was developed, according to which it is proposed to allow the sale of alcohol via the Internet and determine its procedure. The main rule proposed by the project is the licensing of activities for the sale of alcohol, the requirements for organizations and entrepreneurs intending to implement it, and the conditions for obtaining a permit to trade.
The bill on licensing the remote method of selling alcohol was not submitted to the Duma for consideration. This means that the online liquor ban will continue next year. Perhaps legislators will return to the discussion of the proposal and amend the legislation.
For self-delivery, when the client places an order and picks it up from the point of sale, this rule does not apply, since it considers that the goods were purchased in person in the store.
Reasons for return
Selling goods remotely has its own characteristics: the buyer cannot check or try on a thing, evaluate it “live”. Clothing may not fit in style or its color will be different than on the monitor screen. In addition, the item may be of poor quality. By systematizing the reasons for the return, we can distinguish the following:
- low quality or marriage;
- the thing does not fit in style, color or other parameters;
- failure by the seller to fulfill the obligation to inform.
The reasons for returning a product purchased remotely are the same as those for products purchased in a store. But there is one exception. The buyer cannot refuse to purchase goods made to order, which 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 number belonging to the customer's car will not be accepted back.
Return algorithm
The rules for returning purchased products for distance selling are similar to those for returning items purchased in regular stores. The seller returns the money received in full, with the exception of shipping costs.
Returned items are subject to standard requirements:
- lack of traces of operation;
- preservation of appearance;
- safety of tags and labels;
- undamaged packaging.
Subsequently, the returned purchase can be resold through the same online method of selling the item. However, if there are traces of use, the seller in the card must indicate this fact. As a rule, such items cost less than new analogues.
A defective or low-quality item is returned 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, the buyer may demand:
- cost reduction;
- elimination of shortcomings;
- replacement for a similar item of good quality.
Shipping of returned goods is at the expense of the customer. Sellers may provide other rules, but, more often than not, this does not happen.
Timing
Cost transfer
The rules of remote sale assume that the seller transfers money to the client for the returned goods within 10 days.
The store has the right to return the money not in full, but minus shipping costs. Return shipping from the buyer to the seller is paid by the client of the online store.
The commission charged by the bank when transferring funds is paid by the seller and is not deducted from the amount to be returned.
Distance selling has facilitated the process of purchasing things, allowing you to save time searching for the right item in stores. But it also implies certain risks associated with the fact that the clothes will be of the wrong quality, will not fit in color and style. Knowing the simple rules regarding the conditions and procedure for returning, the buyer will be able to obtain a replacement or a full refund from the seller.
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