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