Remote way of purchasing goods. Rules for selling goods remotely

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)

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 business activities;

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

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 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.

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 the purchase of goods, their delivery, service life, shelf life and warranty period, the procedure for paying for the 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 goods (works, services), and in relation to food products - information about the composition (including the name of food additives and biologically active additives used in the production 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), company name (name) of the manufacturer (seller), location (address) of the organization (organizations) authorized by the manufacturer (seller) to accept claims from buyers and carrying out repairs and maintenance of 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, label , 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)

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, 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. 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.

18. The seller’s obligations to transfer the goods and other obligations associated with 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 on the procedure and timing for returning goods of proper quality was not provided in writing at the time of delivery of the goods, the buyer has the right to refuse the goods within 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.

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 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.

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. 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;

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) a warning about the need to preserve the presentation, consumer properties of the goods of proper quality until they are returned 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) 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. Monitoring of compliance with these Rules is carried out by the Federal Service for Surveillance on Consumer Rights Protection and Human Welfare.

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

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

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

The main provisions of distance selling are regulated by Art. 26.1 of the Law of the Russian Federation “On the Protection of Consumer Rights” and the Rules for the sale of goods by remote means, approved by Decree of the Government of the Russian Federation of September 27, 2007 No. 612.

When purchasing goods remotely, you need to know the following:

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

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

Name of product;
information about the main consumer properties of the product;
information about the warranty period, if established;
information about the service life or shelf life of the goods, as well as information about the necessary actions of the consumer after the expiration of the specified periods and the possible consequences of failure to perform such actions, if the goods, after the expiration of the specified periods, pose a danger to the life, health and property of the buyer or become unsuitable for their intended use ;
address (location), full corporate name (name) of the seller;
information on the mandatory confirmation of compliance of goods 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;
price, procedure and terms of payment for goods.

The specified information must be brought to the attention of the buyer in writing at the time of delivery of the goods (for imported goods - in Russian).

Free legal advice:

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 adopted for certain types of goods.

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

If the delivery period is not specified in the contract and there is no way to determine this period, the goods are transferred by the seller to the buyer within a reasonable time. Obligations not fulfilled within a reasonable time must be fulfilled by the seller within seven days from the date the buyer submits a demand for its fulfillment. For violation of delivery deadlines, the seller is responsible in accordance with the civil legislation of the Russian Federation.

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

If the goods were paid for in advance, but were not delivered on time due to the fault of the seller, the seller will be responsible for violating the deadline for delivery of the goods in accordance with Art. 23.1 of the Law “On Protection of Consumer Rights”, namely:

Free legal advice:

In case of violation of the deadline established by the sales contract for the transfer of prepaid goods to the consumer, the seller pays him a penalty (penalty) for each day of delay in the amount of half a percent of the amount of prepayment for the goods. The penalty (penalty) is collected from the day when, according to the purchase and sale agreement, the transfer of the goods to the consumer should have been carried out, until the day the goods are transferred to the consumer, or until the day the consumer’s demand for the return of the amount previously paid by him is satisfied. However, the amount of the penalty (penalty) collected by the consumer cannot exceed the amount of advance payment for the goods.

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

The seller does not have the right to offer the consumer goods that are not specified in the initial offer of goods for sale, as well as demand payment for them (clause 19).

Grounds for returning goods purchased remotely

The return of goods to a seller engaged in distance trading may take place in the following cases:

Free legal advice:

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

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

free elimination of product defects,
reimbursement of costs for their correction by the buyer or a third party,
requirement for a proportionate reduction in the purchase price,
replacement with a product of a similar brand (model, article) or with the same product of a different brand (model, article) with a corresponding recalculation of the purchase price.
refuse to fulfill the contract and demand a refund of the amount paid for the goods when returning the goods to the seller.

The buyer also has the right to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality. Losses are compensated within the time limits established by the Law of the Russian Federation “On the Protection of Consumer Rights”. This period cannot exceed ten days from the date the buyer submits the corresponding demand to the seller.

In relation to a technically complex product, if significant defects are discovered in it, the consumer has the right to refuse to fulfill the sales contract and demand a refund of the amount paid for such a product or make a demand for its replacement with a product of the same brand (model, article) or the same product another brand (model, article) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer of such goods to the consumer. After this period, these requirements must be satisfied in one of the following cases:

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

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

Free legal advice:

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

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

(c) Office of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare for the Sakhalin Region,

Address: Yuzhno-Sakhalinsk, st. Chekhova, 30-A

Free legal advice:

Remote method of purchasing goods

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 from the first part, 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.

Free legal advice:

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, the rules for selling goods remotely are regulated by Article 26.1 of the Law “On the Protection of Consumer Rights”.

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 should be paid 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 selling methods include:

Purchasing automotive electronics through online stores. For example, you can order a video recorder or parking sensors via the Internet. 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 a sales area. Currently, there are stores in which, instead of goods, computers are displayed for viewing catalogs. The buyer can select a product from an 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.

Free legal advice:

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 the necessary information and the consumer can familiarize themselves with 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:

Free legal advice:

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 complete information about the manufacturer, seller and the goods being transferred, 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 product within 7 days from the date of delivery or refuse the purchase at any time before the delivery.

Free legal advice:

Moreover, if the seller does not provide the buyer with information about the procedure and terms of return, the return period increases 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?

However, 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.

Free legal advice:

Please note that the list of goods that cannot be returned or exchanged is not relevant to this article. 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 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 amount paid when purchasing goods remotely is described in the following paragraph:

Free legal advice:

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 rubles. The cost of postal delivery was 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 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 of this Law.

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

Free legal advice:

In conclusion, I would like to note that the Law “On the Protection of Consumer Rights” gives the buyer a good opportunity to 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.?

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!

Free legal advice:

I have a situation where the product is worth it. 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 it so?

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!

I bought a built-in freezer online. 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 it so?

Free legal advice:

Valentina, home delivery of goods 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 list of the contents and acknowledgment of delivery. If he refuses, you can go to court.

Good luck on the roads!

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”:

Free legal advice:

1. If the consumer is not given the opportunity to immediately obtain 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 it so?

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.

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Law on distance selling returning goods to the seller

Selling goods via the Internet is becoming increasingly popular and in demand, however, at the same time, many difficulties arise in terms of advertising goods, selling them, and returning goods of inadequate quality. This article will tell you how to avoid possible mistakes and how to trade online correctly.

Internet trading in Russian legislation sounds like a “remote method of selling goods” and is regulated by:

Civil Code of the Russian Federation;
Law of the Russian Federation “On the Protection of Consumer Rights” No. dated 02/07/1992;
Federal Law “On Advertising” No. 38-FZ dated March 13, 2006;
Federal Law “On the Fundamentals of State Regulation of Trade Activities in the Russian Federation” No. 381-FZ dated December 28, 2009;
Decree of the Government of the Russian Federation “On approval of the Rules for the sale of goods by remote means” No. 612 of September 27, 2007;
Letter of Rospotrebnadzor “On monitoring compliance with the Rules for the sale of goods remotely” No. 0100/dated 10/12/2007;
Letter of Rospotrebnadzor “On the suppression of offenses in the remote method of selling goods” No. 0100/dated 04/08/2005.

Selling goods remotely is nothing more than trading goods under retail sales contracts concluded by buyers on the basis of information received from catalogues, prospectuses, booklets, via communications, or in other ways that exclude the possibility of direct acquaintance of buyers with the goods or samples of goods when concluding such contracts.

Concluding a contract for the sale and purchase of goods remotely

In accordance with the second paragraph of Article 497 of the Civil Code of the Russian Federation, a retail purchase and sale agreement can be concluded:

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based on the buyer's familiarization with the description of the goods offered by the seller through. means of communication or other means that exclude the possibility of direct familiarization of the consumer with the product or a sample of the product when concluding such an agreement.

In accordance with Article 26.1 of the Law of the Russian Federation “On the Protection of Consumer Rights,” even before concluding a contract, the seller must provide the consumer with the following information:

basic consumer properties of the product;
location of the seller;
place of manufacture of the goods;
full trade name of the seller or manufacturer;
price and terms of purchase of goods;
features of goods delivery;
service life, shelf life and warranty period;
procedure for payment for goods;
the period during which the offer to conclude a contract is valid.

This information can be provided either in the form of advertising, or as an annotation for the product, or in the form of a public purchase and sale agreement posted on the seller’s website.

Also, in accordance with Article 8 of the Law “On Advertising”, advertising of goods when selling them remotely must indicate the following information about the seller:

Name;
location;
state registration number of the record on the creation of a legal entity;
last name, first name, patronymic and main state registration number of the record of state registration of an individual as an individual entrepreneur.

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 (clause 3 of the Rules for the sale of goods remotely).

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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).

At the time of delivery of the goods, the buyer must also be provided with written information about the procedure and timing for returning the goods, as well as the following information about the goods:

the name of the technical regulation or other designation established by the legislation of the Russian Federation on technical regulation and indicating the mandatory confirmation of the conformity of the product;
basic consumer properties of goods (works, services),
information on the composition of food products, nutritional value, their purpose, conditions of use and storage of food products, methods of preparing ready-made dishes, weight, date and place of production and packaging, as well as information on contraindications for certain diseases.
the price in rubles and the conditions for the purchase of goods, including when providing a loan, the size of the loan, the full amount to be paid by the consumer, and the repayment schedule for this amount;
warranty period, if established;
rules and conditions for the effective and safe use of goods;
information on the energy efficiency of goods for which the requirement for such information is determined in accordance with the legislation on energy saving and increasing energy efficiency;
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 consumer or become unsuitable for their intended use;
location, trade name of the seller;
information on the mandatory confirmation of conformity of goods, if the law establishes mandatory requirements ensuring their safety for life, consumer health, the environment and the prevention of harm to consumer property;
information about the rules for selling goods;
an indication of a specific person who will perform the work, for example, delivery of goods;
an indication of the use of phonograms when providing entertainment services by musical performers;
If the product purchased by the consumer has been used or the defect(s) have been eliminated, the consumer must be provided with information about this.

This information can be provided both in the form of a purchase and sale agreement, and in the form of technical documentation attached to the goods, on labels, markings or in another way.

A contract for the retail purchase and sale of goods concluded remotely is considered fulfilled from the moment of delivery of the goods to the place specified in such an agreement, and if the place of transfer of goods is not determined by such an agreement, from the moment of delivery of the goods to the place of residence of the buyer-citizen or the location of the buyer - legal entity.

Refusal of any product purchased online

The rights of a consumer purchasing a product via the Internet are specially protected. This is due to the fact that the buyer cannot touch the product with his hands and evaluate its quality and features until he buys it.

That is why the buyer can refuse to purchase until the goods are transferred by the online store. At the same time, the buyer must reimburse the seller for expenses incurred in connection with the performance of actions to execute the contract (Article 497 of the Civil Code of the Russian Federation). These activities may include the delivery of goods.

Also, the consumer has the right to refuse the product within seven days after receiving it. And 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, then the consumer has the right to refuse the goods within three months from the date of delivery of the goods (Article 26.1 of the Law “On Protection of Consumer Rights” ).

* However, it should be noted that this provision applies only to distance selling. When purchasing a product in a regular store, you can return it only if defects are found in the product. If the quality of the goods is in order, then it can only be exchanged. You have 14 days to exchange goods of good quality in regular, non-virtual stores.

Returning a product of good quality to the online store 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.

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

Refusal of goods of poor quality purchased online

The general provisions on the return of goods, provided for in Article 18 of the Law “On the Protection of Consumer Rights,” apply to distance selling.

In particular, this article states that the consumer, if defects are discovered in the product, if they were not specified by the seller, has the right to choose:

demand replacement with a product of the same brand (same model and (or) article);
demand replacement with the same product of another brand (model, article) with a corresponding recalculation of the purchase price;
demand a proportionate reduction in the purchase price;
demand immediate free elimination of defects in the goods or reimbursement of costs for their correction by the consumer or a third party;
refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for the goods. At the request of the seller and at his expense, the consumer must return the defective product.

In this case, the consumer 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 law to satisfy the relevant consumer requirements.

If a consumer discovers deficiencies in a technically complex product, he can:

refuse to execute the purchase and sale agreement and demand a refund of the amount paid for such goods
make a demand for its replacement with a product of the same brand (model, article) or with the same product of another brand (model, article) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer of such goods to the consumer.

After this period, these requirements must be satisfied in one of the following cases:

if a significant defect in the product is detected;
in case of violation of the deadlines established by this Law for eliminating defects in the goods;
if it is impossible to use the product during each year of the warranty period for a total of more than thirty days due to repeated elimination of its various deficiencies.

The list of technically complex goods is established by the Decree of the Government of the Russian Federation “On approval of the List of technically complex goods in respect of which consumer demands for their replacement are subject to satisfaction in the event of significant defects in the goods” No. 575 dated May 13, 1997.

Return Policy

The seller is responsible for defects in the goods for which the warranty period is established, unless he proves that they arose after the transfer of the goods to the consumer as a result of the consumer’s violation of the rules of use, storage or transportation of the goods, actions of third parties or force majeure.

The seller is responsible for defects in goods for which there is no warranty period, if the buyer proves that they arose before the transfer of the goods or for reasons that arose before that moment.

The seller is obliged to accept goods of inadequate quality from the consumer and, if necessary, check the quality of the goods. The buyer has the right to participate in checking the quality of the goods.

The buyer's absence of a cash or sales receipt or other document certifying the fact and conditions of purchase of the goods is not grounds for refusal to satisfy his requirements.

Delivery of large-sized goods and goods weighing more than five kilograms for repair, markdown, replacement and (or) return to the consumer is carried out at the expense of the seller.

If a dispute arises about the reasons for the appearance of defects in the goods, the seller is obliged to conduct an examination of the goods at his own expense.

The examination of goods is carried out within the time limits established by Articles 20, 21 and 22 of the Law “On the Protection of Consumer Rights”. The buyer has the right to be present during the examination of the goods and, in case of disagreement with its results, to challenge the conclusion of such examination in court.

If, as a result of the examination of the goods, it is established that its defects arose due to circumstances for which the seller is not responsible, then the buyer is obliged to reimburse the seller for the costs of conducting the examination, as well as the associated costs for storage and transportation of the goods.

If significant defects in the goods are identified, the consumer has the right to make a demand for the gratuitous elimination of such defects if he proves that they arose before the transfer of the goods to the consumer or for reasons that arose before that moment. This requirement may be presented if defects in the goods are discovered after two years from the date of transfer of the goods to the consumer, during the service life established for the goods, or within ten years from the date of transfer of the goods to the consumer if the service life has not been established. This requirement must be satisfied within twenty days from the date of its presentation by the consumer.

If it is impossible to eliminate the defects, then the consumer, at his choice, has the right to exchange or return the product to the manufacturer and demand a refund of the amount paid.

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

full corporate name (name) of the seller;
last name, first name, patronymic of the buyer;
Name of product;
dates of conclusion of the contract and transfer of goods;
amount to be refunded;
signatures of the seller and buyer (buyer's representative).

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:

in cash at the seller’s location;
postal transfer;
by transferring the appropriate amount to the bank or other account of the buyer specified by the buyer.

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

Deadlines for filing claims

The buyer has the right to make claims regarding defects in the goods if they are discovered during the warranty period or expiration date. In cases where the warranty period provided for in the contract is less than two years and defects in the goods are discovered by the buyer after the expiration of the warranty period, but within two years, the consumer has the right to make claims to the seller if he proves that the defects in the goods arose before its transfer to the buyer or for reasons that arose up to this point.

With respect to goods for which warranty periods or expiration dates are not established, the consumer has the right to make claims if defects in the goods are discovered within a reasonable time, but within two years from the date of their transfer to the consumer, unless longer periods are established by law or contract.

The warranty period of the product, as well as its service life, is calculated from the day the product is transferred to the consumer, unless otherwise provided by the contract. If the day of delivery cannot be determined, these periods are calculated from the date of manufacture of the goods.

For seasonal goods (shoes, clothing and others), these periods are calculated from the onset of the corresponding season, the onset of which is determined accordingly by the constituent entities of the Russian Federation based on the climatic conditions of the location of consumers.

When selling goods online, these terms are calculated from the day the goods are delivered to the buyer. If the delivery day cannot be determined, then the terms are calculated from the date of conclusion of the purchase and sale agreement.

The deadlines for eliminating product defects, replacing goods of inadequate quality and satisfying individual consumer requirements are established by Articles 20, 21 and 22 of the Law “On the Protection of Consumer Rights”. In these cases, the general rules for the purchase and sale of goods apply to online trading.

For the most part, it can be said that although online trading bears little resemblance to retail sales in stationary stores or even mobile retail outlets, the principles of buying and selling goods are the same everywhere. The rights of consumers are equally protected, and sellers must comply with all legal requirements: enter into the necessary contracts, provide the necessary information, maintain accounting records, pay taxes, be responsible for the quality of goods and, if necessary, compensate for losses incurred by the buyer.

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Rules
selling goods remotely
(approved by Decree of the Government of the Russian Federation dated September 27, 2007 N 612)

With changes and additions from:

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

"selling goods remotely" - sale of goods under a retail purchase and sale agreement, concluded on the basis of familiarization of the buyer with the description of the goods proposed by the seller, contained in catalogues, prospectuses, booklets or presented in photographs or using postal networks, telecommunication networks, including information and telecommunication networks "Internet", as well as communication networks for broadcasting TV 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.

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.

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):

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;

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);

Information about changes:

By Decree of the Government of the Russian Federation of October 4, 2012 N 1007, paragraph 9 was supplemented with subparagraph “m”