Return of goods of inadequate quality through remote trade. Distance trading: returning goods

According to the Law Russian Federation"On the protection of consumer rights" Government of the Russian Federation decides:

Approve the attached Rules for the sale of goods remotely.

Chairman of the Government of the Russian Federation
V. Zubkov

Rules for selling goods remotely

1. These Rules, which establish the procedure for the sale of goods remotely, regulate the relationship between the buyer and the seller when selling goods remotely and the provision of services in connection with such sale.

2. The basic concepts used in these Rules mean the following:

“buyer” - a citizen who intends to order or purchase, or who orders, purchases or uses goods exclusively for personal, family, household and other needs not related to the implementation of entrepreneurial activity;

“seller” is an organization, regardless of its legal form, as well as individual entrepreneur those selling goods remotely;

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

3. When selling goods remotely, the seller is obliged to offer the buyer services for the delivery of goods by sending them by post or transportation, indicating the delivery method and type of transport used.

The seller must inform the buyer about the need to use qualified specialists for connection, adjustment and commissioning of technically complex goods that technical requirements cannot be put into operation without the participation of appropriate specialists.

4. The list of goods sold remotely and services provided in connection with such sale is determined by the seller.

5. Remote sales are not allowed alcoholic products, as well as goods, the free sale of which is prohibited or limited by the legislation of the Russian Federation.

6. These Rules do not apply to:

a) work (services), with the exception of work (services) performed (provided) by the seller in connection with the sale of goods remotely;

b) sales of goods using machines;

c) sales and purchase agreements concluded at auctions.

7. The seller has no right to perform without the buyer’s consent additional work(provide services) for a fee. The buyer has the right to refuse to pay for such work (services), and if they are paid, the buyer has the right to demand that the seller return the amount paid.

8. The seller must, before concluding a retail purchase and sale agreement (hereinafter referred to as the agreement), provide the buyer with information about the main consumer properties of the goods and the address (location) of the seller, the place of manufacture of the goods, the full brand name (name) of the seller, the price and conditions purchase of goods, their delivery, service life, shelf life and warranty period, the procedure for payment for goods, as well as the period during which the offer to conclude a contract is valid.

9. The seller, at the time of delivery of the goods, is obliged to bring to the attention of the buyer in writing the following information (for imported goods - in Russian):

a) the name of the technical regulation or other designation established by the legislation of the Russian Federation on technical regulation and indicating mandatory confirmation of the conformity of the product;

b) information about the basic consumer properties of the product (work, services), and in relation to food products - information about the composition (including the name of the food products used in the manufacturing process food additives, dietary supplements, information on the presence of components in food products obtained using genetically modified organisms), nutritional value, purpose, conditions of use and storage of food products, methods of production ready meals, weight (volume), date and place of manufacture and packaging (packaging) of food products, as well as information about contraindications for their use for certain diseases;

c) price in rubles and terms of purchase of goods (performance of work, provision of services);

d) information about the warranty period, if established;

e) rules and conditions for the effective and safe use of goods;

f) information about the service life or shelf life of goods, as well as information about necessary actions consumer after specified deadlines And possible consequences if such actions are not performed, 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;

g) address (location), full corporate name (name) of the seller;

h) information on mandatory confirmation of compliance of goods (services) with mandatory requirements ensuring their safety for the life and health of the buyer, environment and preventing damage to the buyer’s property in accordance with the legislation of the Russian Federation;

i) information on the rules for the sale of goods (performance of work, provision of services);

j) information about a specific person who will perform the work (provide a service), and information about him, if this is relevant based on the nature of the work (service);

k) information provided for in paragraphs 21 and 32 of these Rules.

10. If the product purchased by the buyer has been used or the defect(s) have been eliminated, the buyer must be provided with information about this.

11. Information about goods is brought to the attention of the buyer in technical documentation attached to the goods, on labels, by marking or in any other way adopted for certain types of goods.

Information on mandatory confirmation of conformity of goods is presented in the manner and in the ways established by the legislation of the Russian Federation on technical regulation, and includes information on the number of the document confirming such conformity, its validity period and the organization that issued it.

12. An offer of a product in its description addressed to an indefinite number of persons is recognized as a public offer if it is sufficiently defined and contains all the essential terms of the contract.

The seller is obliged to enter into an agreement with any person who has expressed an intention to purchase the goods proposed in his description.

13. The seller is obliged to inform the buyer about the period during which the offer to sell goods remotely is valid.

14. If the buyer sends a message to the seller about his intention to purchase the goods, the message must include:

a) the full company name (name) and address (location) of the seller, surname, first name, patronymic of the buyer or the person indicated by him (recipient), the address to which the goods should be delivered;

b) name of the product, article number, brand, variety, number of items included in the package of the purchased product, price of the product;

c) type of service (if provided), time of its execution and cost;

d) buyer's obligations.

15. Buyer's offer to forward goods by post to the address "On demand" can only be accepted with the consent of the seller.

16. The seller must ensure the confidentiality of personal data about the buyer in accordance with the legislation of the Russian Federation in the field of personal data.

17. An organization that sells goods remotely provides the buyer with catalogs, booklets, brochures, photographs or other information materials, containing complete, reliable and accessible information characterizing the offered product.

18. The seller’s obligations to transfer the goods and other obligations related to the transfer of goods arise from the moment the seller receives the buyer’s corresponding message about the intention to conclude an agreement.

19. The seller has no right to offer the consumer goods that are not specified in the initial offer of goods for sale.

It is not permitted to transfer to the consumer goods that do not comply with the preliminary agreement if such transfer is accompanied by a requirement to pay for the goods.

20. The contract is considered concluded from the moment the seller issues a cash or sales receipt or other document confirming payment for the goods to the buyer, or from the moment the seller receives a message about the buyer’s intention to purchase the goods.

When the buyer pays for goods in non-cash form or sells goods on credit (except for payment using bank payment cards), the seller is obliged to confirm the transfer of goods by drawing up an invoice or a goods acceptance certificate.

21. The buyer has the right to refuse the goods at any time before its transfer, and after the transfer of the goods - within 7 days.

If information about the procedure and terms for returning goods of proper quality was not provided in writing at the time of delivery of the goods, the buyer has the right to refuse the goods within 3 months from the date of delivery of the goods.

Return of a product of proper quality is possible if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified product are preserved. Buyer's absence the specified document does not deprive him of the opportunity to refer to other evidence of the purchase of goods from this seller.

The buyer does not have the right to refuse a product of proper quality that has individually defined properties if the specified product can be used exclusively by the consumer purchasing it.

If the buyer refuses the goods, the seller must return to him the amount paid by the buyer in accordance with the contract, with the exception of the seller’s expenses for delivery of the returned goods from the buyer, no later than 10 days from the date the buyer presents the corresponding demand.

22. If the contract is concluded with the condition that the goods be delivered to the buyer, the seller is obliged to deliver the goods to the place specified by the buyer within the period established by the contract, and if the place of delivery of the goods is not specified by the buyer, then to his place of residence.

To deliver goods to the place specified by the buyer, the seller may use the services of third parties (with mandatory informing the buyer about this).

23. The seller is obliged to transfer the goods to the buyer in the manner and within the time limits established in the contract.

If the contract does not specify the delivery time for the goods and there is no way to determine this period, the goods must be transferred by the seller within a reasonable time.

An obligation not fulfilled within a reasonable time must be fulfilled by the seller within 7 days from the date the buyer submits a demand for its fulfillment.

For violation by the seller of the deadlines for transferring the goods to the buyer, the seller is liable in accordance with the civil legislation of the Russian Federation.

24. If the delivery of the goods was made within the terms established by the contract, but the goods were not transferred to the buyer through his fault, subsequent delivery is made within a new time frame agreed with the seller, after the buyer has re-paid the cost of services for delivery of the goods.

25. The seller is obliged to transfer to the buyer goods, the quality of which corresponds to the contract and the information provided to the buyer when concluding the contract, as well as information brought to his attention when transferring the goods (in the technical documentation attached to the goods, on labels, by marking or other means provided for certain types of goods).

If there are no conditions in the contract regarding the quality of the goods, the seller is obliged to transfer to the buyer goods suitable for the purposes for which goods of this kind are usually used.

If the seller, at the conclusion of the contract, was informed by the buyer of specific purposes purchase of goods, the seller is obliged to transfer to the buyer goods suitable for use in accordance with these purposes.

Unless otherwise provided by the contract, the seller is obliged, simultaneously with the transfer of the goods, to transfer to the buyer the relevant accessories, as well as documents related to the goods (technical passport, quality certificate, operating instructions, etc.) provided for by the legislation of the Russian Federation.

26. The delivered goods are transferred to the buyer at his place of residence or other address indicated by him, and in the absence of the buyer - to any person who presents a receipt or other document confirming the conclusion of the contract or registration of delivery of the goods.

27. If the goods are transferred to the buyer in violation of the terms of the contract regarding the quantity, assortment, quality, completeness, packaging and (or) packaging of the goods, the buyer may notify the seller of these violations no later than 20 days after receiving the goods.

If defects are discovered in a product for which warranty periods or expiration dates have not been established, the buyer has the right to make claims regarding defects in the product within a reasonable time, but within 2 years from the date of its transfer to the buyer, unless longer periods are established by law or contract.

The buyer also has the right to make claims against the seller regarding defects in the goods if they are discovered during the warranty period or expiration date.

28. Buyer to whom the goods are sold poor quality, if this has not been agreed by the seller, has the right, at his own discretion, to demand:

a) free elimination of defects in the goods or reimbursement of expenses for their correction by the buyer or a third party;

b) proportionate reduction purchase price;

c) replacement with a product of a similar brand (model, article) or with the same product of a different brand (model, article) with a corresponding recalculation of the purchase price. Moreover, in relation to technically complex and expensive goods, these buyer requirements are subject to satisfaction if significant deficiencies are discovered.

29. The buyer, instead of presenting the demands specified in paragraph 28 of these Rules, has the right to refuse to fulfill the contract and demand a refund of the amount paid for the goods. At the request of the seller and at his expense, the buyer must return the defective goods.

The buyer also has the right to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality. Losses are compensated within the time limits established by the Law of the Russian Federation “On the Protection of Consumer Rights” to satisfy the relevant requirements of the buyer.

30. If the seller refuses to transfer the goods, the buyer has the right to refuse to fulfill the contract and demand compensation for losses caused.

31. When returning goods of inadequate quality, the buyer’s lack of a document confirming the fact and conditions of purchase of the goods does not deprive him of the opportunity to refer to other evidence of the purchase of goods from the seller.

32. Information on the procedure and terms for returning goods by the consumer must contain:

a) the address (location) of the seller to which the goods are returned;

b) the seller’s working hours;

c) the maximum period during which the goods can be returned to the seller, or the minimum period specified in paragraph 21 of these Rules;

d) warning about the need to save presentation, consumer properties of the product of proper quality before returning it to the seller, as well as documents confirming the conclusion of the contract;

e) the period and procedure for returning the amount paid by the buyer for the goods.

33. When the buyer returns goods of proper quality, an invoice or a certificate of return of goods is drawn up, which indicates:

a) full corporate name (name) of the seller;

b) last name, first name, patronymic of the buyer;

c) name of the product;

d) dates of conclusion of the contract and transfer of goods;

e) the amount to be returned;

f) signatures of the seller and buyer (buyer’s representative). The seller’s refusal or evasion to draw up an invoice or act does not deprive the buyer of the right to demand the return of the goods and (or) the return of the amount paid by the buyer in accordance with the contract.

34. If the refund of the amount paid by the buyer in accordance with the contract is not carried out simultaneously with the return of the goods by the buyer, the refund of the specified amount is carried out by the seller with the consent of the buyer in one of the following ways:

a) cash in cash at the location of the seller;

b) by postal order;

c) by transferring the appropriate amount to the bank or other account of the buyer specified by the buyer.

35. The costs of returning the amount paid by the buyer in accordance with the agreement are borne by the seller.

36. Payment for goods by the buyer by transferring funds to the account of a third party specified by the seller does not relieve the seller of the obligation to return the amount paid by the buyer when the buyer returns goods of both proper and inadequate quality.

37. Control over compliance with these Rules is carried out by the federal executive body and its territorial bodies, which, in accordance with the legislation of the Russian Federation, exercise control and supervision functions in the field of ensuring the sanitary and epidemiological well-being of the population, protecting consumer rights and the consumer market.

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

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

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

How is a purchase and sale agreement concluded remotely?

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

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

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

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

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

Information

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

Providing information upon delivery

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

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

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

Warning

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

Features of remote purchase of goods

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

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

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

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

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

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

Attention

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

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

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

To return you should:

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

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

Good afternoon, dear reader.

In the fifth article of the series “Overview of the Law on the Protection of Consumer Rights” we will talk about the features of distance selling of goods. If you missed the previous articles, I recommend starting your study with, because Many of the basic concepts that will be used below have been discussed previously.

This article will address the following questions:

By tradition, all issues discussed will be accompanied by examples related to cars. However, the information below applies to other purchases made remotely. Let's get started.

Remote method of selling goods

Currently, remote purchases have become firmly established in the lives of Russian car enthusiasts. You will be surprised to find that many buyers purchase more than half of their goods remotely. As for automotive goods, the percentage of remote purchases here is on average even higher. The reason for this is that each vehicle requires individual spare parts, which must be ordered remotely using their codes.

So, rules for selling goods remotely are regulated by Article 26.1 of the Law "".

1. A retail purchase and sale agreement may be concluded on the basis of familiarization of the consumer with the description of the goods proposed by the seller through catalogues, prospectuses, booklets, photographs, means of communication (television, postal, radio communications and others) or other means excluding the possibility of direct familiarization of the consumer with the product or sample goods when concluding such an agreement (remote method of selling goods) by methods.

Please note that this article lists several purchasing options that relate to the remote method. Nevertheless special attention you need to pay attention to the phrase “precluding the possibility of direct familiarization of the consumer with the product or a sample of the product.” That is, the remote method includes all purchases in which the buyer cannot “hold the product in his hands” before purchasing.

In practice Remote sales methods include:

Purchasing automotive electronics through online stores. For example, you can order a DVR or . In this case, the order can be delivered either by mail or by courier companies.
Ordering spare parts for a car according to their codes through special catalogs. Delivery is carried out to the office of the sales company.
Ordering components from organizations that do not have trading floor. Currently, there are stores in which, instead of goods, computers are displayed for viewing catalogs. The buyer can choose the product by electronic catalog and then purchase it. Despite the fact that the order and payment take place in the office, the buyer does not have the opportunity to familiarize himself with the goods, so the sale is remote.
Some organizations also offer remote purchase of cars. However, this option is still quite exotic for Russia.

If desired, you can find other schemes related to the distance sale of goods.

Providing information when purchasing remotely

Before concluding a purchase and sale agreement, the seller must provide the buyer with the following information:

2. Before concluding a contract, the seller must provide the consumer with information about the basic consumer properties of the product, the address (location) of the seller, the place of manufacture of the product, the full brand name of the seller (manufacturer), the price and conditions for purchasing the product, about its delivery, service life, shelf life and warranty period, about the procedure for paying for the goods, as well as about the period during which the offer to conclude a contract is valid.

Mostly, distance purchases are carried out through online stores. Stores of serious companies contain all necessary information and the consumer can review it before paying for the purchase.

If there is no information on the seller’s website, then he must provide it to you at your request. So don't hesitate to ask. It is especially important to have information about the seller himself, because... they may be required if a dispute arises regarding the purchase.

In addition, the seller must provide additional information at the time of delivery of the goods:

3. At the time of delivery of the goods, the consumer must be provided in writing with information about the goods provided for in Article 10 of this Law, as well as information provided for in paragraph 4 of this article about the procedure and timing for returning the goods.

Article 10 contains full information about the manufacturer, seller and transferred goods, and paragraph 4 of Article 26.1 will be discussed below.

Returning goods of good quality when purchasing remotely

The remote method of selling goods allows you to return any product according to a simplified scheme.

Terms for returning goods

4. The consumer has the right to refuse the goods at any time before its transfer, and after the transfer of the goods - within seven days.

The buyer can return any item within 7 days from the moment of transfer or refuse the purchase at any time before the transfer.

Moreover, if the seller did not provide the buyer with information about the procedure and terms of return, The return period is increased to 3 months:

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

What products can be returned?

Nevertheless You can only return goods that have not been used:

Return of a product of proper quality is possible if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified product are preserved. The consumer’s absence of a document confirming the fact and conditions of purchase of the goods does not deprive him of the opportunity to refer to other evidence of the purchase of goods from this seller.

So if, after a remote purchase, you are still not sure that you want to keep the purchased product, then you need to save its packaging, branded labels, etc.

Please note that this article is not relevant. Unlike purchasing in a store, the remote method allows you to return absolutely any product without explaining the reasons for the return.

What products cannot be returned?

The Law "On Protection of Consumer Rights" also contains situations in which the goods cannot be returned:

The consumer does not have the right to refuse a product of appropriate quality that has individually defined properties, if the specified product can be used exclusively by the consumer purchasing it.

For example, if you buy car seat covers online, on which your name is embroidered according to your order, you will not be able to return them to the manufacturer. The same applies to keychains with a car number and other items made individually for you.

Refund for goods

Refund of the paid amount for remote purchase The product is described by the following paragraph:

If the consumer refuses the goods, the seller must return to him sum of money, paid by the consumer under the contract, with the exception of the seller’s expenses for delivery of the returned goods from the consumer, no later than ten days from the date the consumer submits the corresponding demand.

Refunds for goods have the following features:

Money must be returned to the buyer within 10 days.
Not the entire amount paid for the product is returned to the buyer. The seller's costs of shipping the returned product from the consumer are deducted from the purchase price.

Let’s assume that a driver purchased a video recorder from an online store that costs 6,000 rubles. Price postal delivery amounted to 400 rubles. The buyer decided to return the product and sends it to the seller by transport company for 600 rubles. In this case, the seller will return 6,400 rubles to the buyer. 600 rubles for return delivery are not returned to the buyer.

Returning goods of inadequate quality during remote purchase

Return of goods with defects is carried out in accordance with Part 5 of Article 26.1:

5. The consequences of selling goods of inadequate quality by remote means of selling goods are established by the provisions provided for in Articles 18 - 24 of this Law.

The issue of returning goods with defects is discussed in detail in. In this case, the return procedure does not depend on whether the product was purchased in a store or remotely.

In conclusion, I would like to note that the law “On Protection of Consumer Rights” gives the buyer good opportunity refuse a product that he does not like in the event of a remote purchase. Well, in the next article in the series we will talk about how to fill out documents (application) when returning goods to the seller.

Good luck on the roads!

Good afternoon. Tell me what to do if, when returning a product that I purchased remotely, the contract stipulates that when returning the product unilaterally, the seller retains 50% of the cost of the product for delivery.?

Ivan, Hello.

First, demand from the seller in writing to return the full cost of the goods paid under the contract. If the seller refuses, go to court, because Only the cost of delivery from the consumer to the seller is non-refundable.

Good luck on the roads!

Maxim, hello!

I have such a situation that the product costs 16,000 rubles. When returning the goods, they will only refund me RUB 8,000. (This is stated in the contract). But at the same time, the contract does not contain a specific amount for delivery of goods, although according to the law of consumer rights, they must clearly indicate the cost of each service, and not mislead the consumer! Is this true?

Ivan, Hello.

The cost of delivering the goods from you to the seller is not paid. Pay this amount yourself and keep the payment document.

Shipping costs from the seller to you must be refunded.

Good luck on the roads!

Thanks a lot!

Valentina-9

I bought a built-in freezer via the Internet. The goods delivered by the courier were inspected and paid for, but there was no written agreement explaining the procedure for returning or an act of transfer of goods, as well as my signature. Only receipt and warranty card. During installation, the freezer turned out to be higher than the niche in which it should be built. When I contacted the store for a replacement product or a refund, they refused, citing the fact that the packaging had been opened, although it was preserved and all the branded stickers on it were preserved. They say the presentation is damaged and delivery of goods to your home excludes the fact of remote sale. Is this true?

Valentina, delivery of goods to your home does not exclude the fact of distance selling. If you bought a product online, then this is definitely distance selling.

Write a written statement demanding to accept the goods from you and send it to the seller by registered mail with a description of the contents and a notification of delivery. If he refuses, you can go to court.

Good luck on the roads!

Valentina-9

The seller sent shoes a size larger than ordered. In response to my complaints, he offers to return it as unsuitable at my expense. What are my rights and what sanctions can be applied to the seller?

Ilya, Article 12 of the Law “On Protection of Consumer Rights”:

1. If the consumer is not given the opportunity to immediately receive information about the product (work, service) upon concluding a contract, he has the right to demand from the seller (performer) compensation for losses caused by unjustified avoidance of concluding a contract, and if the contract is concluded, within a reasonable time, refuse to fulfill it and demand the return of the amount paid for the goods and compensation for other losses.

Write a written claim to the seller and send it by registered mail with a list of the contents and receipt of receipt. If the seller refuses to return the money and compensate for losses, go to court.

Good luck on the roads!

I ordered an arctic fox fur coat remotely, choosing the color and length. When ordering there was not a word that the order was individual. The seller only inquired about my size and chest circumference. Before ordering, the seller also sent photos and videos of what the fur coat looked like, then they sewed my fur coat for me. And they sent me a photo of my finished fur coat, and it is fundamentally different from the photo of the one they sent before ordering. The fur is not of the same quality, the stripes of fur are not even. I asked to send another photo to make sure, but they refused. After which I refused delivery and asked for a refund. They refuse me because they say that this is an individual order. If I'm not satisfied with the quality of the product, I can't get my money back? Is this true?

Dina, the situation is controversial.

If you are sure that you are right, then go to court. There you will need to prove that you were not informed that the order has individually defined properties. The seller will prove otherwise. The concluded documents and correspondence with the seller will be used as evidence.

Good luck on the roads!

Hello. I made an order for 3,000 rubles, I don’t want to pick it up, I have huge doubts. Now they are calling and scaring me with the fact that if I do not buy the order, I will pay the company’s expenses in the amount of 9,000 rubles. They say that if I don’t pay the company’s expenses, there will be a lawsuit in the future, a bad credit history and everything like that... I ordered cosmetics for my hair. I changed my mind about taking it because... I'm afraid to be left without hair.

Nina, Hello.

4. The consumer has the right to refuse the goods at any time before its transfer, and after the transfer of the goods - within seven days.
Return of goods of proper quality is possible if its presentation and consumer properties are preserved, as well as a document confirming the fact and conditions of purchase of the specified product.

In this case, the goods cannot be returned.
Good luck on the roads!
Sergey-787

Good day. Please tell me what to do.
Placed an online order in the store. Oven and hob. I paid immediately. At that time, the store was running a promotion: if you buy two built-in items, the second, lower price, will have a 50% discount. The oven cost 27,000, and the hob was 20,000. And it was on sale for 10,000. Before paying for the order, it was displayed on the screen that I could pick up my order the next day. As a result, the next day came 10 days later, and when I called the hotline and tried to get information about when the product would be provided to me, everyone answered in unison that they didn’t know and the hob was not in stock (although there was information on the website that it exists). So, the goods arrived at the delivery point and during the inspection I found a chip on the hob. I was asked to write a statement demanding an exchange for a product without defects, which I did. The period for consideration of my application will soon come to an end, but, I am more than sure, they will answer me that there are no more hobs and they will offer to return the money for it. Do I have the right to charge them the full list price for the hob? After all, it turns out that I was deliberately deceived and now I have to buy it at full price in another store or a similar one, but in the same store and again they refuse to apply this discount to another similar product. Moreover, on the day of purchase, I could purchase the same goods in another store with exactly the same prices and discounts. How should I proceed? go to court right away?

Sergey, Hello.
In this case, you want to receive from the seller an amount that exceeds what was actually paid. I recommend that you consult a local consumer protection lawyer regarding this issue.
Good luck on the roads!

Comment is being added

Decree of the Government of the Russian Federation of September 27, 2007 N 612 “On approval of the Rules for the sale of goods remotely”

In accordance with the Law of the Russian Federation "On the Protection of Consumer Rights", the Government of the Russian Federation decides:
Approve the attached Rules for the sale of goods remotely.

Chairman of the Government
Russian Federation V. Zubkov

APPROVED
Government resolution
Russian Federation
dated September 27, 2007 N 612

RULES
selling goods remotely

(as amended by Decree of the Government of the Russian Federation dated October 4, 2012 N 1007)

2. The basic concepts used in these Rules mean the following:

“buyer” - a citizen who intends to order or purchase, or who orders, purchases or uses goods exclusively for personal, family, household and other needs not related to business activities;

“seller” - an organization, regardless of its legal form, as well as an individual entrepreneur who sells goods remotely;

“sale of goods by remote means” - sale of goods under a retail purchase and sale agreement concluded on the basis of familiarization of the buyer with the description of the goods proposed by the seller, contained in catalogues, prospectuses, booklets or presented in photographs or using postal networks, telecommunication networks, including including the information and telecommunications network "Internet", as well as communication networks for broadcasting television channels and (or) radio channels, or in other ways that exclude the possibility of the buyer directly familiarizing himself with the product or a sample of the product when concluding such an agreement.

(as amended by Decree of the Government of the Russian Federation dated October 4, 2012 N 1007)

The seller must inform the buyer about the need to use qualified specialists for connecting, setting up and commissioning technically complex products that, according to technical requirements, cannot be put into operation without the participation of appropriate specialists.

4. The list of goods sold remotely and services provided in connection with such sale is determined by the seller.

5. Remote sales of alcoholic beverages, as well as goods the free sale of which is prohibited or limited by the legislation of the Russian Federation, are not permitted.

6. These Rules do not apply to:

a) work (services), with the exception of work (services) performed (provided) by the seller in connection with the sale of goods remotely;

b) sales of goods using machines;

c) sales and purchase agreements concluded at auctions.

7. The seller has no right to perform additional work (provide services) for a fee without the buyer’s consent. The buyer has the right to refuse to pay for such work (services), and if they are paid, the buyer has the right to demand that the seller return the amount paid.

9. The seller, at the time of delivery of the goods, is obliged to bring to the attention of the buyer in writing the following information (for imported goods - in Russian):

b) information about the basic consumer properties of the product (work, services), and in relation to food products - information about the composition (including the name of food additives and biologically active additives used in the manufacturing process of food products, information about the presence of components obtained in food products using genetically engineered modified organisms), nutritional value, purpose, conditions of use and storage of food products, methods of preparing ready meals, weight (volume), date and place of production and packaging (packing) of food products, as well as information about contraindications for their use in certain diseases;

c) price in rubles and terms of purchase of goods (performance of work, provision of services);

d) information about the warranty period, if established;

e) rules and conditions for the effective and safe use of goods;

f) information about the service life or shelf life of the goods, as well as information about the necessary actions of the consumer after the expiration of the specified periods and the possible consequences of failure to perform such actions, if the goods, after the expiration of the specified periods, pose a danger to the life, health and property of the buyer or become unsuitable for use by appointment;

g) location (address), corporate name (name) of the manufacturer (seller), location (address) of the organization (organizations) authorized by the manufacturer (seller) to accept claims from buyers and performing repairs and maintenance of the goods, for imported goods- name of the country of origin of the goods;

(clause "g" as amended by Decree of the Government of the Russian Federation dated October 4, 2012 N 1007)

h) information on mandatory confirmation of compliance of goods (services) with mandatory requirements ensuring their safety for the life, health of the buyer, the environment and the prevention of harm to the buyer’s property in accordance with the legislation of the Russian Federation;

i) information on the rules for the sale of goods (performance of work, provision of services);

j) information about a specific person who will perform the work (provide a service), and information about him, if this is relevant based on the nature of the work (service);

k) information provided for in paragraphs 21 and 32 of these Rules;

l) information on the energy efficiency of goods for which the requirement for such information is determined in accordance with the legislation of the Russian Federation on energy saving and on increasing energy efficiency.

(clause “m” was introduced by Decree of the Government of the Russian Federation dated October 4, 2012 N 1007)

10. If the product purchased by the buyer has been used or the defect(s) have been eliminated, the buyer must be provided with information about this.

11. Information about the product, including its operating conditions and storage rules, is communicated to the buyer by placing it on the product, on electronic media, attached to the product, in the product itself (on the electronic board inside the product in the menu section), on the container, packaging, tag, label, in technical documentation or in any other way established by the legislation of the Russian Federation.

(as amended by Decree of the Government of the Russian Federation dated October 4, 2012 N 1007)

The seller is obliged to enter into an agreement with any person who has expressed an intention to purchase the goods proposed in his description.

13. The seller is obliged to inform the buyer about the period during which the offer to sell goods remotely is valid.

14. If the buyer sends a message to the seller about his intention to purchase the goods, the message must include:

b) name of the product, article number, brand, variety, number of items included in the package of the purchased product, price of the product;

c) type of service (if provided), time of its execution and cost;

d) buyer's obligations.

15. The buyer’s offer to send goods by post to the address “Poste restante” can only be accepted with the consent of the seller.

16. The seller must ensure the confidentiality of personal data about the buyer in accordance with the legislation of the Russian Federation in the field of personal data.

17. An organization that sells goods remotely provides the buyer with catalogs, booklets, brochures, photographs or other information materials containing complete, reliable and accessible information characterizing the goods offered.

19. The seller has no right to offer the consumer goods that are not specified in the initial offer of goods for sale.

It is not permitted to transfer to the consumer goods that do not comply with the preliminary agreement if such transfer is accompanied by a requirement to pay for the goods.

21. The buyer has the right to refuse the goods at any time before its transfer, and after the transfer of the goods - within 7 days.

If information on the procedure and terms for returning goods of proper quality was not provided in writing at the time of delivery of the goods, the buyer has the right to refuse the goods within 3 months from the date of delivery of the goods.

Return of a product of proper quality is possible if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified product are preserved. The buyer's absence of this document does not deprive him of the opportunity to refer to other evidence of the purchase of goods from this seller.

The buyer does not have the right to refuse a product of proper quality that has individually defined properties if the specified product can be used exclusively by the consumer purchasing it.

To deliver goods to the place specified by the buyer, the seller may use the services of third parties (with mandatory informing the buyer about this).

23. The seller is obliged to transfer the goods to the buyer in the manner and within the time limits established in the contract.

If the contract does not specify the delivery time for the goods and there is no way to determine this period, the goods must be transferred by the seller within a reasonable time.

An obligation not fulfilled within a reasonable time must be fulfilled by the seller within 7 days from the date the buyer submits a demand for its fulfillment.

For violation by the seller of the deadlines for transferring the goods to the buyer, the seller is liable in accordance with the civil legislation of the Russian Federation.

If the seller, at the conclusion of the contract, was informed by the buyer about the specific purposes of purchasing the goods, the seller is obliged to transfer to the buyer the goods suitable for use in accordance with these purposes.

The buyer also has the right to make claims against the seller regarding defects in the goods if they are discovered during the warranty period or expiration date.

28. The buyer to whom goods of inadequate quality were sold, unless this was agreed by the seller, has the right, at his own discretion, to demand:

a) free elimination of defects in the goods or reimbursement of expenses for their correction by the buyer or a third party;

b) a proportionate reduction in the purchase price;

30. If the seller refuses to transfer the goods, the buyer has the right to refuse to fulfill the contract and demand compensation for losses caused.

32. Information on the procedure and terms for returning goods by the consumer must contain:

a) the address (location) of the seller to which the goods are returned;

b) the seller’s working hours;

c) the maximum period during which the goods can be returned to the seller, or the minimum period specified in paragraph 21 of these Rules;

d) a warning about the need to preserve the presentation, consumer properties of the goods of proper quality before returning them to the seller, as well as documents confirming the conclusion of the contract;

e) the period and procedure for returning the amount paid by the buyer for the goods.

33. When the buyer returns goods of proper quality, an invoice or a certificate of return of goods is drawn up, which indicates:

a) full corporate name (name) of the seller;

b) last name, first name, patronymic of the buyer;

c) name of the product;

d) dates of conclusion of the contract and transfer of goods;

e) the amount to be returned;

f) signatures of the seller and buyer (buyer’s representative).

The seller’s refusal or evasion to draw up an invoice or act does not deprive the buyer of the right to demand the return of the goods and (or) the return of the amount paid by the buyer in accordance with the contract.

a) in cash at the location of the seller;

b) by postal order;

c) by transferring the appropriate amount to the bank or other account of the buyer specified by the buyer.

35. The costs of returning the amount paid by the buyer in accordance with the agreement are borne by the seller.

37. Monitoring of compliance with these Rules is carried out Federal service on supervision in the field of consumer rights protection and human well-being.

Almost every person uses the unique opportunities of the Internet to receive necessary information, communicating with other people or even for shopping. In the latter case, a remote method of purchasing various things or products is used. It is regulated by various legislative acts to protect citizens from receiving low-quality or defective items. The remote method of selling goods is used by many companies, as it can significantly reduce costs and reach large number potential buyers.

Features of the work of companies

For companies, this method of selling various goods is considered profitable. They can sell a variety of items and also collaborate with citizens from different cities or countries. Such trading is accompanied by advantages:

There is no need to open a stationary retail outlet, so there are no costs for rent, salaries of sellers and decoration of the sales area.
A huge area is covered.
Provides the opportunity to significantly expand target audience.
Goods can be sent to citizens not only by mail, but also through their own courier service, which allows increasing the company’s income.
You can significantly expand the assortment, since there are no restrictions on the area of the sales floor.

But every company that decides to work in this direction must carefully study the rules for selling goods remotely, since if they are violated, this may cause problems with the Federal Tax Service and Rospotrebnadzor.

Pros for buyers

Even for citizens, purchasing goods online has many advantages. These include:

you don’t need to leave the house for this;
you can find goods that are not available in stationary retail outlets in a certain region;
The buyer is protected by various laws from purchasing poor quality goods;
within 14 days after receiving the parcel without explaining the reason, you can return the purchase and receive the full price for it;
online stores offer items at affordable price, therefore, with the help of such cooperation, a significant amount of money can be saved.

It is advisable for each buyer to study the Government Decree on the remote method of selling goods in order to have a good understanding of all their options and rights. It is also advisable to analyze other similar laws and documents, which makes it possible to assert your rights.

Legislative regulation

The remote method of selling goods is carried out on the basis of various legislative acts regulating this process. The main documents include:

Civil Code of the Russian Federation.
Law No. 2300-1, called “On the Protection of Consumer Rights”.
Federal Law No. 38 “On Advertising”;
Federal Law No. 381 “On the fundamentals of state regulation trading activities in the Russian Federation."
Government Decree No. 612 “On approval of the Rules for the sale of goods remotely.”
Letters of Rospotrebnadzor No. 0100/10281-07-32 and No. 0100/2569-05-32.

All of the above acts must be taken into account by every company planning to trade via the Internet. In this case, a corresponding agreement must be concluded between the buyers and the company, which specifies all the information about the item being sold.

The sale of goods remotely is regulated by various laws and regulations. Back in 2007, the government issued a Decree on the sale of goods by remote means. To the main features of this document the following applies:

regulates the relationship that arises between the buyer and the seller when purchasing items via the Internet;
it is allowed to sell goods for personal or family needs of citizens, but it is not possible to sell items for business activities;
The sale of goods prohibited in the Russian Federation, as well as alcoholic beverages, is not allowed;
each seller must notify buyers about what properties a specific product has, where it was created, under what conditions it will be delivered, how long it can be used for its intended purpose, and what the warranty period is;
Buyers must be notified if the product has previously been used by others;
a remote method of selling goods is represented by a public offer;
The seller must notify buyers about how long this offer is valid.

The resolution approving the rules for the sale of goods remotely indicates that the agreement will be concluded after the seller receives a check or there is confirmation of the buyer's intention to purchase an item.

Contents of the Law “On Protection of Consumer Rights”

The rights of consumers when selling goods remotely are prescribed in this law. TO the most important rules process includes:

a contract is drawn up only after the buyer receives all the necessary information about the parameters of the purchased product, for which the seller provides him with different descriptions, photographs, booklets and other documents;
the consumer must know that the company from which he is purchasing any items is officially registered, so he must have information about its place of work, company name, as well as working conditions;
at the time of delivery of the item, the buyer must receive additional information about the item in writing, and he is also notified how and within what time frame he can return the product or thing;
you have the opportunity to refuse it for any reason within 7 days after receiving the goods;
if the product is found to be of low quality or does not correspond to the previously received description, then a return is allowed only if the proper type of purchase is maintained, and there must also be documents confirming the purchase of this item;
if the buyer loses the receipt, he can still return the defective product, but he must have other evidence of the purchase;
All funds spent on the purchase of the item under the contract are returned, but the seller compensates for his transportation costs.

If a company operating through the remote method of selling various items refuses to follow the basic rules and requirements of this process, then it may be held liable in different ways. The sale of goods remotely is considered by law to be official and accessible, but must be carried out taking into account the rights of both buyers and sellers.

Nuances of distance selling

Not all people prefer to buy goods on the Internet, since this method has not only advantages, but also significant unusual disadvantages. The main nuances of such an acquisition include:

the buyer and seller are not able to communicate directly with each other;
it is impossible to inspect the item being purchased in advance, so often people receive packages as a surprise, as they differ significantly from the pictures on the website;
If you simply don’t like the item you receive, you can send it back, but in this case it is the buyer who pays the shipping.

Therefore, people usually prefer to cooperate with trusted online stores that really sell quality items and also offer loyal terms of cooperation.

What products cannot be sold?

The specifics of selling goods remotely take into account that there are some items that are not allowed to be sold using this method. These include:

precious metals and gems;
materials that are strategic;
weapons, ammunition, military equipment and spare parts for it, as well as similar goods;
communication systems or space complexes;
uranium and products made from this material;
equipment and instruments in which they are used radioactive substances;
results scientific research and developments;
encryption equipment;
poisons, drugs and psychotropic drugs;
ethanol;
waste containing precious metals, explosives or radioactive materials;
medicines, but herbs are an exception;
technical devices for obtaining information in an unspoken way.

The buyer can refuse the product within 7 days, even if the product fully complies with the information provided by the seller.

What data does the company provide?

The rules for selling goods remotely are that the seller is obliged to inform buyers about all the features and properties of the items being sold. This data includes:

name of the item;
information about all consumer characteristics, for example, if food products are purchased, then there must be information about its composition, energy value, purpose and methods of use, as well as weight, place of manufacture and other parameters;
the cost of the item in rubles is indicated;
must contain information about the warranty period;
the conditions under which it is possible to purchase the item are specified;
the rules on the basis of which the thing can be used safely and effectively are indicated;
information about the seller is written down, including the full name of the company and its location;
the buyer must have access to information about the availability of a certificate of quality and conformity;
The seller notifies you when and in what way the parcel can be returned.

The rules for selling goods remotely in the Russian Federation indicate that returns are allowed only if the original type of goods is preserved. The presence of any abrasions or other visible damage to the integrity of the item that indicates that it has already been used for its intended purpose is not permitted.

How are purchases delivered?

The remote method of selling goods is used by many large or small organizations. They offer their customers different options for receiving purchases, which include:

sending by mail, but this is only possible for small items;
usage courier service, owned by the company, but this method leads to the need for the recipient of the item to pay additional significant funds, so this method is chosen when purchasing expensive items;
use of services transport companies, which allows you to send goods by groupage cargo, and this can be done by road, water and even air transport.

The most affordable and frequently used method of delivery by mail is considered, since in this case transportation costs are reduced.

Features of concluding a contract

The sale of goods remotely is permitted by law only when an agreement is drawn up between two parties.

To do this, the buyer must first familiarize himself with all the characteristics of the item being purchased. The seller must receive confirmation of payment, and the buyer must receive a guarantee of delivery of the goods. Along with the item, the citizen receives a document indicating the main parameters of the item, its cost and return conditions.

Return specifics

When selling goods remotely, returns are possible for any reason within 7 days. Further, this process is allowed if a defect is detected during the warranty period.

If the warranty period is less than two years, you can still return the defective item during this period.

With this return, some features are taken into account:

the item is returned in the same way as it was received by the citizen;
Before sending, you must send a claim to the company, which indicates the reasons for your reluctance to keep the purchase;
the money is transferred back after the seller receives the goods.

There is the possibility of refusal on the part of companies if their employees discover that the returned item has certain characteristics indicating its intended use.

When can I cancel a purchase?

The Law on the Protection of Consumer Rights in the Distance Sale of Goods allows you to return any purchased product, regardless of the reason, within 7 days. Companies cannot refuse this.

Some companies even increase given period up to 14 days.

To return, you must maintain the original appearance of the item, and you must also have proof of its purchase directly from a specific online store. The law allows returns even in the absence of a receipt, but there must be other papers that act as confirmation of the purchase on a particular site.

It is best to initially cooperate with various large services that sell only high-quality products, and also offer their clients truly profitable and effective conditions cooperation. Delivery of items can be carried out in different ways, and usually the buyers themselves can choose the optimal method, which determines the additional costs of receiving the parcel.

Thus, purchasing goods from different online stores is a popular process that allows each person to find different items that are not available in the stationary retail outlets of his city. To do this, it is important to have a good understanding of the different legislative acts related to this process. Additionally, the rules for returning goods are taken into account, which may not correspond to the information received from the seller. In addition, a certain product may simply be defective.