Government Decree on Distance Selling. Remote method of selling goods (reminder for consumers). What is distance selling

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

On approval of the Rules for the sale of goods remotely

Document as amended by:
(Russian newspaper, N 233, 10.10.2012);
(Official Internet portal legal information www.pravo.gov.ru, 04.12.2019, N 0001201912040036).
____________________________________________________________________

According to the government Russian Federation

decides:

Approve the attached Rules for the sale of goods remotely.

Prime Minister
Russian Federation
V.Zubkov

Rules for the sale of goods remotely

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

sale of goods remotely

1. These Rules, which establish the procedure for selling goods remotely, govern the relationship between the buyer and the seller in the sale of 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 ordering, acquiring or using goods solely for personal, family, household and other needs not related to the implementation entrepreneurial activity;

"seller" - an organization, regardless of its organizational and legal form, as well as individual entrepreneur selling goods remotely;

"sale of goods by remote means" - the sale of goods under a retail sale and purchase agreement concluded on the basis of the buyer's acquaintance with the description of the goods proposed by the seller contained in catalogs, brochures, booklets or presented in photographs or using postal networks, telecommunication networks, including including the information and telecommunication network "Internet", as well as communication networks for broadcasting TV channels and (or) radio channels, or in other ways that exclude the possibility of direct acquaintance of the buyer with the goods or a sample of the goods when concluding such an agreement.
Decree of the Government of the Russian Federation of 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 method of delivery and mode of transport used.

The seller must inform the buyer about the need to use qualified specialists to connect, adjust and put into operation technically complex goods that, according to technical requirements cannot be put into operation without the participation of relevant 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 restricted by the legislation of the Russian Federation.

On the territory of the Russian Federation, sale is allowed jewelry from precious metals and (or) precious stones, certified cut gems remotely, taking into account the specifics established by the legislation of the Russian Federation. *5)
(The paragraph was additionally included from December 12, 2019 by Decree of the Government of the Russian Federation of November 30, 2019 N 1542)

6. These Rules do not apply to:

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

b) sale of goods using vending machines;

c) contracts of sale concluded at the auction.

7. The seller is not entitled to perform additional work (render services) for a fee without the consent of the buyer. The buyer has the right to refuse to pay for such works (services), and if they are paid, the buyer has the right to demand that the seller return the amount paid.

8. The seller must, prior to the conclusion of the retail sale contract (hereinafter referred to as the contract), 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 trade 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) name technical regulations or other designation established by the legislation of the Russian Federation on technical regulation and indicating a mandatory confirmation of the conformity of the goods;

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

c) price in rubles and conditions for the acquisition of goods (performance of work, provision of services);

d) information about the warranty period, if any;

e) rules and conditions for the efficient 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 specified periods and possible consequences if such actions are not taken, if the goods after the expiration of the specified periods pose a danger to the life, health and property of the buyer or become unsuitable for their intended use;

g) location (address), trade name (name) of the manufacturer (seller), location (address) of the organization (organizations) authorized by the manufacturer (seller) to accept claims from buyers and perform repairs, and Maintenance goods, for imported goods, the name of the country of origin of the goods;
(Subparagraph as amended, put into effect on October 18, 2012 by Decree of the Government of the Russian Federation of October 4, 2012 N 1007.

h) information on mandatory confirmation of conformity of goods (services) mandatory requirements ensuring their safety for the life, health of the buyer, environment and prevention of damage to the property of the buyer 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 it matters 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 in respect of which the requirement for the availability of such information is determined in accordance with the legislation of the Russian Federation on energy saving and on improving energy efficiency.
(The subparagraph has been additionally included since October 18, 2012 by Decree of the Government of the Russian Federation of October 4, 2012 N 1007)

10. If the goods purchased by the buyer were in use or a defect (shortcomings) was eliminated in it, 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 containers, packaging, labels , label, in technical documentation or in any other way established by the legislation of the Russian Federation.
(Paragraph as amended, put into effect on October 18, 2012 by Decree of the Government of the Russian Federation of October 4, 2012 N 1007.

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

12. The offer of goods in its description, addressed to an indefinite circle of persons, is recognized public offer, if it is sufficiently defined and contains all essential conditions contracts.

The seller is obliged to conclude an agreement with any person who has expressed his 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 for the sale of goods by remote means is valid.

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

a) full company name (name) and address (location) of the seller, last name, first name, patronymic of the buyer or the person (recipient) indicated by him, 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 (when provided), time of its execution and cost;

d) obligations of the buyer.

15. Buyer's offer to send goods by mail to the address "on demand" can be accepted only 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 that characterizes the goods offered.

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 relevant message from the buyer about the intention to conclude the contract.

19. The seller is not entitled to offer the consumer goods that are not specified in the initial offer of goods for sale.

It is not allowed to transfer goods to the consumer 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 to the buyer a cash or sales receipt or other document confirming payment for the goods, or from the moment the seller receives a message about the buyer's intention to purchase the goods.

When paying for goods by the buyer in a non-cash form or selling 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 an act of delivery and acceptance of 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 good quality was not provided in writing at the time of delivery of the goods, the buyer has the right to refuse the goods within 3 months from the date of transfer of the goods.

Return of goods of proper quality is possible if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified goods are preserved. Buyer's absence 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 goods of good quality, having individually defined properties, if the specified goods can be used exclusively by the consumer who purchases it.

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

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

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

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

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

An obligation that has not been fulfilled within a reasonable time, the seller must fulfill within 7 days from the date the buyer submits a demand for its fulfillment.

For violation by the seller of the terms for the transfer of goods to the buyer, the seller shall be 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 due to his fault, the subsequent delivery is made within the new terms agreed with the seller, after the buyer re-pays the cost of services for the delivery of the goods.

25. The seller is obliged to transfer to the buyer the goods, the quality of which corresponds to the contract and the information provided to the buyer at the conclusion of the contract, as well as the information brought to his attention when transferring the goods (in the technical documentation attached to the goods, on labels, by marking or by other means provided for certain types 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 the place of his residence or other address indicated by him, and in the absence of the buyer - to any person who has presented a receipt or other document confirming the conclusion of the contract or the registration of the 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, container and (or) packaging of the goods, the buyer may, no later than 20 days after receiving the goods, notify the seller of these violations.

If defects in the goods are found, in respect of which no warranty or expiration dates have been established, the buyer has the right to make claims regarding defects in the goods within a reasonable time, but within 2 years from the date of its transfer to the buyer, unless longer periods are established by laws or the contract.

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

28. The buyer, to whom goods of inadequate quality were sold, if this was not agreed by the seller, has the right, at his choice, to demand:

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

b) a proportional reduction in the purchase price;

c) replacement with a product of a similar brand (model, article) or the same product of another brand (model, article) with a corresponding recalculation of the purchase price. At the same time, in relation to technically complex and expensive goods, these requirements of the buyer are subject to satisfaction in case of detection of significant shortcomings.

29. The buyer, instead of presenting the requirements specified in paragraph 28 of these Rules, has the right to refuse to perform 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 goods with defects.

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 reimbursed within the time limits established by the Law of the Russian Federation "On Protection of Consumer Rights" to meet the relevant requirements of the buyer.

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

31. When returning goods of inadequate quality, the buyer's lack of a document confirming the fact and conditions of the purchase of 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 the return of goods by the consumer must contain:

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

b) the mode of operation of the seller;

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 good quality until it is returned to the seller, as well as documents confirming the conclusion of the contract;

e) the term and procedure for the return of the amount paid by the buyer for the goods.

33. When the buyer returns goods of good quality, an invoice or an act on the return of goods is drawn up, which indicate:

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

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

c) product name;

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

e) the amount to be returned;

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

The seller's refusal or evasion from drawing 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 return 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 return 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 in cash at the location of the seller;

b) by postal order;

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

35. The seller bears the cost of returning the amount paid by the buyer in accordance with the contract.

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

37. Control over compliance with these Rules is carried out by the Federal Service for Supervision of Consumer Rights Protection and Human Welfare.
(Paragraph as amended, put into effect on October 18, 2012 by Decree of the Government of the Russian Federation of October 4, 2012 N 1007.

Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"

This article will focus on the legal acts that establish the procedure for the sale of goods remotely and regulate the relationship between the buyer and the seller when selling goods remotely and providing relevant services in connection with such a sale.

background

One of the distinguishing characteristics of modern relations in the field of consumer market is that an increasing number of buyers purchase goods bypassing shopping trips. This is due to various factors. One of them is the rapid spread of the Internet. Such a sale of goods is called remote.

Previously, in Russian legislation, the remote method of selling goods was mentioned only in Art. 497 of the Civil Code of the Russian Federation. It was mentioned, since part 2 of the said norm of civil law only provided for "the possibility of concluding a retail sale and purchase agreement on the basis of familiarization of the buyer with the description of the goods, the catalog of goods, etc." There were no special rules regulating the relations of participants in such a transaction or establishing special rules for it in Russian legislation.

The necessary measures for the legal regulation of relations arising in the process of the remote method of selling goods were taken by legislators in 2004 with the adoption federal law dated December 21, 2004 N 171-FZ "On Amendments to the Law of the Russian Federation "On the Protection of Consumer Rights" and on the invalidation of paragraph 28 of Article 1 of the Federal Law of the Russian Federation "On the Introduction of Amendments and Additions to the Law of the Russian Federation" On the Protection of Consumer Rights "(hereinafter - Law N 171-FZ).

Norms of the Law "On Protection of Consumer Rights"

Paragraph 22 of Art. 1 of Law N 171-FZ, the second chapter of the Law of the Russian Federation of 02/07/1992 N 2300-1 "On Protection of Consumer Rights" is supplemented by Art. 26.1 "Remote method of selling goods". In this norm, for the first time, the legislator gave a definition of this method of selling goods. He pointed out that a retail sale contract can be concluded on the basis of familiarization of the consumer with the description of the goods proposed by the seller, contained, for example, in catalogs, brochures, booklets, presented in photographs, by means of communication (television, postal, radio communication, etc.).

In Art. 26.1 of the Law "On Protection of Consumer Rights" refers to the possibility of concluding a retail sale contract for certain conditions that distinguish this method of selling goods from others provided for by law.

The essential difference between the remote method of selling goods from other methods retail is the impossibility of direct acquaintance of the consumer with the product or its sample.

The Law "On Protection of Consumer Rights" establishes the main obligations of the seller in the remote method of selling goods.

Before the conclusion of the contract, the seller must provide the consumer with information about the main consumer properties of the goods. Such information includes:

Address (location) of the seller;

Place of manufacture of goods;

Full company name (name) of the seller (manufacturer);

Price and conditions for the purchase of goods;

The period during which the offer to conclude a contract is valid, etc.

At the time of delivery, the seller must provide the consumer with the following information about the product in writing:

Name of the technical regulation;

Information about the main consumer properties of the goods;

Price in rubles and conditions for the purchase of goods;

Warranty period, rules and conditions for the efficient and safe use of goods, etc.

The seller is also obliged to provide the consumer with information on the procedure and terms for returning the goods.

In this case, the consumer is given the right to refuse the goods at any time before its transfer, and after the transfer of the goods - within seven days. This period may increase to three months if information on the procedure and terms for returning goods of good quality was not provided to the buyer in writing at the time of delivery of the goods.

The legislator defines the conditions for the return of goods of good quality by the buyer. This is possible only if its presentation, consumer properties of the goods, as well as a document confirming the fact and conditions of purchase of the specified goods are preserved.

However, the consumer's lack of such a document does not deprive him of the opportunity to refer to other evidence of the purchase of goods from this seller. This is a significant step on the part of the legislator towards protecting the interests of consumers.

The use by the legislator of such a concept as "other evidence" allows the buyer, if necessary, to use the provisions of Ch. 6 of the Civil Procedure Code of the Russian Federation (CPC RF).

According to the requirements of Art. 55 of the Code of Civil Procedure of the Russian Federation, evidence in a case is information about the facts, on the basis of which the court establishes the presence or absence of circumstances that are important for the correct consideration and resolution of the case. At the same time, such information can be obtained from the explanations of the parties and third parties, the testimony of witnesses, written and material evidence, audio and video recordings, expert opinions.

Another circumstance that makes it impossible for the buyer to return goods of good quality is the presence of individually defined properties in this product and the impossibility of using this product by other consumers.

For example, if the buyer has purchased remotely custom-made kitchen furniture that matches the layout of his apartment, the seller has the right to refuse to accept such goods from the buyer.

The procedure for returning goods is defined in the Law "On Protection of Consumer Rights" as follows: if the consumer refuses the goods, the seller must return to him the amount of money paid by the consumer under the contract, with the exception of the costs of the seller for the delivery of the returned goods from the consumer, no later than 10 days from date of presentation by the consumer of the corresponding demand.

According to paragraph 5 of the article under consideration. 26.1 of the Law "On Protection of Consumer Rights" in the event that the goods sold remotely turn out to be of poor quality, the consequences provided for in Art. Art. 18 - 24 of the Law "On Protection of Consumer Rights", i.e. as in the normal way of selling.

On amendments to the Civil Code of the Russian Federation

Until recently, legal relations arising in the process of selling goods remotely were regulated only by the norms of the Law "On Protection of Consumer Rights". As noted earlier, in the Civil Code of the Russian Federation, these issues are reflected only in Art. 497, and even then in a rather abbreviated form. This provision refers only to the possibility of concluding a retail sale and purchase agreement on the basis of familiarization of the buyer with the description of the goods, the catalog of goods or in another similar way.

On October 25, 2007, Federal Law No. 234-FZ "On Amendments to the Law of the Russian Federation "On Protection of Consumer Rights" and Part Two of the Civil Code of the Russian Federation" was adopted.

After the entry into force of Law N 234-FZ Art. 497 of the Civil Code of the Russian Federation will be presented in a different edition:

The very name of this rule has changed. In addition to the sale of goods by samples, it also mentions the remote method of selling goods;

Part 2 of the article defines the remote method of selling goods;

Parts 3 and 4 of this norm establish the main legal relations arising from the sale of goods according to samples or remotely.

About the Rules for the sale of goods remotely

In pursuance of the provisions of the Law "On Protection of Consumer Rights", Decree of the Government of the Russian Federation of September 27, 2007 N 612 approved the Rules for the sale of goods by remote means (hereinafter referred to as the Rules).

The buyer of goods in the case of a remote method of sale in accordance with the above Rules is a citizen who intends to order or purchase or ordering, acquiring or using goods exclusively for personal, family, household and other needs not related to business activities.

In turn, only an organization, regardless of its organizational and legal form, or an individual entrepreneur selling goods remotely can be a seller with a remote method of sale.

Note! According to the Rules, one of the parties to a "remote trade transaction" is the buyer. The Law "On Protection of Consumer Rights" uses a different term - "consumer". The law regulates relations that arise not only in the sale and purchase of goods, but also in the performance of work and the provision of services. For this reason, in the Rules for the sale of goods by remote means, one of the subjects of regulated relations is the buyer.

The rules for selling goods remotely impose certain requirements not only on the seller, but also on the buyer.

So, in accordance with the provisions of clause 14 of the Rules, the buyer's message about his intention to purchase the goods must contain the following information:

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 (when provided), time of its execution and cost;

d) obligations of the buyer.

At the same time, it should be taken into account that the offer of the buyer to send the goods by post to the address "On Demand" can be accepted only with the consent of the seller.

In turn, the seller, to whom the buyer indicated information about his personal data in a message of intent to purchase the goods, must ensure their confidentiality.

The rules for the sale of goods by remote means, as well as the relevant provisions of the Law "On the Protection of Consumer Rights", expressly indicate that the provisions of the retail sale contract concluded under certain conditions should apply to the relations arising from this.

What products are prohibited from selling remotely

Art. 26.1 of the Law "On Protection of Consumer Rights" does not directly establish any restrictions on the list of goods that can be sold through distance sales.

Clause 5 of the Rules for the sale of goods by remote means indicates quite clearly which goods are prohibited from selling:

Alcoholic products (the definition is given in paragraph 7 of article 2 of the Federal Law of November 22, 1995 N 171-FZ);

Goods, the free sale of which is prohibited or restricted by the legislation of the Russian Federation.

Note! The current legislation of the Russian Federation includes, in particular, all types of firearms and ammunition for them, cold and throwing weapons, medicines, psychotropic substances and narcotic drugs, tobacco products.

Thus, from the point of view of the Law, the sale medicines through the so-called online pharmacies is questionable.

Are the Rules for the sale of goods remotely applicable to other relationships?

The sale of goods remotely, as well as the services provided by the seller, are to some extent similar to other methods of selling goods. For this reason, the legislator was forced to indicate in the approved Rules that they do not apply to the sale of goods using automatic machines, as well as sales contracts concluded at auction.

These Rules do not apply to works performed or services rendered. The only exceptions are works (services) performed (rendered) by the seller in connection with the sale of goods remotely.

These include services for the delivery of goods by sending them by mail or transportation, which, in accordance with the provisions of clause 3 of the Rules, the seller is obliged to offer to the buyer, indicating at the same time in without fail the shipping method and mode of transport used. However, the seller is not entitled to perform additional work (render services) for a fee without the consent of the buyer. The buyer, in turn, has the right to refuse to pay for such works (services), and if they are paid, the buyer has the right to demand that the seller return the amount paid.

Product information

The goods purchased by the buyer could be in use or a defect was eliminated in it. In this case, the buyer must be provided with information about this.

Information about the goods must be brought to the attention of the buyer in the technical documentation attached to the goods, on labels, by marking or in another way accepted for certain types of goods.

Contract for the sale of goods remotely

In accordance with paragraph 12 of the Rules for the sale of goods by remote means, reflecting the main provisions of paragraph 2 of Art. 492 and paragraph 1 of Art. 494 of the Civil Code of the Russian Federation, the offer of a product in its description, addressed to an indefinite circle of persons, is recognized as a public offer if it is sufficiently specific and contains all the essential terms of the contract.

At the same time, the seller is obliged to conclude an agreement with any person who has expressed his intention to purchase the goods offered in his description, and inform the buyer about the period during which the offer to sell the goods remotely is valid.

The moment of concluding an agreement for the retail purchase and sale of goods remotely in accordance with the Rules is determined as follows: such an agreement is considered concluded from the moment the seller issues the buyer a cash or sales receipt or other document confirming payment for the goods, or from the moment the seller receives a message about the buyer’s intention to purchase the goods .

If the buyer does not have these documents under such an agreement, he can use general provisions Civil Code of the Russian Federation on the contract of retail sale. In accordance with Art. 493 of the Civil Code of the Russian Federation, the buyer’s lack of documents confirming payment for the goods does not deprive him of the opportunity to refer to witness testimony in support of the conclusion of the contract and its terms.

When paying for goods by the buyer in a non-cash form or selling 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 an act of delivery and acceptance of goods.

Transfer and delivery of goods to the buyer

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 relevant message from the buyer about the intention to conclude a contract for the sale of goods remotely. At the same time, the seller is not entitled to offer the consumer goods that are not specified in the initial offer of goods for sale, as well as to transfer goods to the buyer that do not comply with the preliminary agreement and demand payment for them.

If the conditions for the delivery of goods to the buyer are included in the contract for the retail sale of goods by remote means, then the goods purchased under such an agreement are delivered within the time period established by the contract to the place specified by the buyer. If the place of delivery of the goods for any reason is not indicated by the buyer, then the goods are delivered to the place of his residence.

In order to fulfill the terms of the contract for the supply of goods to the buyer, the seller has the right to use the services of third parties. However, at the same time, he is obliged to inform the buyer about the involvement of a third party in fulfilling the conditions for the delivery of goods.

The transfer of goods to the buyer is carried out in the manner and terms established by the contract. If, for any reason, the delivery time of the goods to the buyer is not specified in the contract, the seller is obliged to transfer the goods within a reasonable time, and in case of failure to comply with the requirements for the transfer of goods within a reasonable time or the impossibility of determining such a period, to transfer it no later than seven days from the moment the buyer submits the relevant requirements.

In practice, situations often arise when the seller is unable to fulfill the obligations to transfer the goods to the buyer due to the fault of the buyer. In this case, the buyer is obliged to pay for the re-delivery of the goods.

Previously, the issue of untimely fulfillment of the terms of the contract for the supply of goods and the responsibility of the seller was outside the scope of legal regulation, since Art. 26.1 of the Law "On Protection of Consumer Rights" provides for liability only for the sale of goods of inadequate quality. The approved Rules for the sale of goods by remote means, although they do not independently determine exactly how the seller is liable for violation of the terms of delivery of goods, nevertheless provide for such liability, referring to the relevant provisions of civil law to resolve this situation.

Return of goods of inadequate quality

In accordance with the Rules for the sale of goods by remote means, the buyer, to whom the goods of inadequate quality are sold, has the right, at his choice, to demand from the seller either to eliminate the defects of the goods free of charge, or to reimburse the costs of correcting them by the buyer or a third party. The Seller also has the right to demand a commensurate reduction in the purchase price or replacement with a product of a similar brand (model, article) or the same product of a different brand (model, article) with a corresponding recalculation of the purchase price. At the same time, in relation to technically complex and expensive goods, these requirements of the buyer are subject to satisfaction only if significant shortcomings are found.

The buyer also has the right to refuse to fulfill the contract and demand a refund of the amount paid for the goods or full compensation for losses caused to him as a result of the sale of goods of inadequate quality.

Monitoring compliance with the Rules

Control over compliance with the Rules for the sale of goods remotely is carried out by the federal body executive power and his territorial bodies exercising, in accordance with the legislation of the Russian Federation, the functions of control and supervision in the field of ensuring the sanitary and epidemiological welfare of the population, protecting the rights of consumers and the consumer market.

The procedure for monitoring compliance with the Rules for the sale of goods remotely is determined by the Regulations on the Federal Service for Supervision of Consumer Rights Protection and Human Welfare, approved by Decree of the Government of the Russian Federation of June 30, 2004 N 322, as well as a joint Letter from the Ministry of Health and Social Development of Russia and Federal Service on supervision in the field of consumer protection and human well-being dated 12.10.2007 N 0100/10281-07-32.

Responsibility for violations of the Rules

Administrative liability for violations in the field of entrepreneurial activity, including the Rules for the sale of goods by remote means, is provided for by some norms of Ch. 14 of the Code of the Russian Federation on administrative offenses(Code of Administrative Offenses of the Russian Federation).

There is currently no special rule providing for liability for violation of the directly indicated Rules in the Code of Administrative Offenses. A person who sells goods in this way is liable for offenses that may be committed in other types of retail sales.

In the case of carrying out entrepreneurial activities, including the sale of goods remotely, without state registration as an individual entrepreneur or without state registration as legal entity, the offender bears administrative responsibility for hours. 1 Article. 14.1 of the Code of Administrative Offenses of the Russian Federation.

For the remote sale of goods, the free sale of which is prohibited or limited, administrative liability is provided for in Art. 14.2 of the Code of Administrative Offenses of the Russian Federation.

If the seller carried out remote trade in alcoholic products, then he will incur administrative responsibility on the basis of a special rule - Part 3 of Art. 14.16 of the Code of Administrative Offenses of the Russian Federation.

Persons selling goods remotely may be held administratively liable under Art. 14.15 of the Code of Administrative Offenses of the Russian Federation for violation of the rules for the sale of certain types of goods, and under Art. 14.8 of the Code of Administrative Offenses of the Russian Federation for violation of consumer rights to receive necessary information about the goods being sold, the inclusion in the contract of retail sale of conditions that infringe on the rights of the consumer, as well as for failure to provide the consumer with the benefits and benefits established by law.

Paragraph 19 of the Rules does not allow the transfer to the consumer of goods that do not comply with a preliminary agreement, if such transfer is accompanied by a requirement for mandatory payment for goods.

In practice, such facts are encountered when selling goods using the postal service, when the consumer, upon receipt of the ordered goods packaged in a parcel, parcel, etc., is offered to make an additional payment at the post offices, after which, when opening the postal item, it turns out that the goods sent the consumer (in whole or in part) was not ordered.

Non-compliance by sellers with the above paragraphs of the Rules may serve as a basis for bringing them to administrative responsibility under Part 1 of Art. 14.8 of the Code of Administrative Offenses of the Russian Federation (violation of the consumer's right to receive the necessary and reliable information about the goods being sold, the manufacturer, the seller), according to Art. 14.7 of the Code of Administrative Offenses of the Russian Federation (misrepresentation regarding consumer properties and quality of goods), and in the latter case - under Part 2 of Art. 14.8 of the Code of Administrative Offenses of the Russian Federation (inclusion in the contract of retail sale of conditions that infringe on the rights of consumers).

At the same time, in any case, non-compliance by sellers with these or any other paragraphs of the Rules gives grounds for applying Art. 14.15 "Violation of the rules for the sale of certain types of goods" of the Code of Administrative Offenses of the Russian Federation.

Today it is difficult for us to imagine life without the ability to order or buy something on the Internet or with the help of another interactive method of communication. That's the whole point distance trading: to create maximum convenience for consumers for the same money.

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Market trends indicate a constant increase in the popularity of distance selling. According to analysts' forecasts, only by the end of 2020 the fourth part retail sales will be carried out remotely.

Activity Regulations

Distance trading is carried out in accordance with special regulations. It is formed on the basis of the Rules for the sale of goods by remote means, which were approved back in 2007 by a separate government decree.

The rules regulate the relationship between the buyer and the seller in the implementation of remote trading. This document also establishes the procedure for selling goods and services in the Internet space. The regulation of activities in the field of distance selling provides for the possibility for the buyer to purchase goods for family or personal needs. Purchases for the development of entrepreneurship in this order are not allowed.

The sale of alcoholic beverages, as well as those goods, the sale of which is unacceptable under the legislation of the Russian Federation, is prohibited remotely.

When selling the goods, the seller must notify the buyer about the properties of the goods, the place of manufacture, delivery, service life, warranty and shelf life.

If the purchased product was in use before it was put up for sale, the seller must notify potential buyers about it. It is also his responsibility to provide information about the current state of the goods and the shortcomings acquired in the process of use. For example, everyone knows that many Internet auctions sell not only new things, but those that were in use. In this case, sellers of goods marked "used" must indicate its condition and warn of existing shortcomings. This is most often done by posting product photos and creating short messages, with information about the flaws in the purchase.

Sellers bring general information about the product to the knowledge of consumers in any way convenient for them. This may be accompanied by the placement of data on the packaging of the product, its label, electronic media, receipt or transfer along with the purchase of technical, as well as other accompanying documentation.

The peculiarity of distance trading is that, in essence, it is a public offer.

The concept itself means an offer with a description of goods for a certain circle of people. The offer must have signs of a civil contract (purchase and sale - almost always, in exceptional cases - exchange).

In the context of distance selling, it looks something like this: by placing an advertisement for the sale, a person addresses a limited circle of people with an offer. His offer is considered only by Internet users, readers of a newspaper or other means of communication, which is why the offer is limited.

But the limited circle of persons for whose consideration the proposal is put forward does not mean its certainty. According to paragraph 12 of the Rules of the PDS (distance sale), an offer is an offer for an indefinite number of persons. A public appeal obliges the seller to conclude a contract of sale with anyone who wants to buy the goods.

The seller must notify stakeholders the period during which the offer is valid. When receiving data from the consumer for the transaction, the obligation to maintain the confidentiality of data arises from the seller.

An organization or individual entrepreneur whose business is distance selling the return of goods must provide reliable information about the proposed products in full. The remote purchase agreement is considered concluded from the moment the seller receives the check or the buyer has confirmed intentions.

What's this?

The DS trading rules provide an explanation for the concept of “remote sale”. According to clause 2, remote sale means the retail sale of goods on the basis of a in due course purchase and sale agreements. A written agreement of this kind is drawn up after the buyer has read the product description, which is placed in catalogs, booklets or presented in photographs using various communication tools.

One of the main conditions is the inability of the buyer to directly familiarize himself with the products before purchasing.

Any sale of goods, which excludes the possibility of direct acquaintance with the products and direct communication with the seller, is remote. The buyer decides for himself on the need to purchase a particular product based on the photo or information from the catalog.

Legislation

The distance sale of goods is regulated by the following regulations:

the European Convention on Postal and Distance Selling (the so-called Code of Ethics);
Civil Code of the Russian Federation;
Code of Administrative Offenses of the Russian Federation;
Federal Law "On Advertising" (Article 8);
Federal Law "On consumer protection";
Rules for the sale of goods DS.

This list should also include a letter from Rospotrebnadzor “On monitoring compliance with the Rules for the sale of DS goods” and Federal Law No. 87.

Return of goods to a remote point of sale

The Federal Law “On Protection of Consumer Rights”, as well as the provisions of the Civil Code of the Russian Federation, make it possible to return almost any product. How to buy in this case does not play a role. After acceptance of the offer, the parties conclude a contract of sale, on the basis of which it is possible to implement a return.

In the Code of Ethics, this is called "satisfaction or a refund." Not every buyer likes what he gets after placing a remote order. The legislation of the Russian Federation includes the norms of international trade law, which allow you to return not only what was bought in the store, but also bought from a remote seller.

The return is carried out on the basis of a special claim made by an organization or individual entrepreneur who is engaged in remote trading.

Claims may refer to Art. 26.1 of the RFP, which allows you to cancel a purchase without giving reasons.

Difference from the usual procedure

In terms of practical implementation, there are few differences from the standard return procedure.

But they are:

First, the return is carried out in the same form as the purchase of the goods. A dissatisfied buyer sends a claim to the seller, and then sends the purchase back. Everything is remote, and additional shipping is paid separately.
Secondly, most online stores violate the consumer's right, enshrined in Art. 26.1 of the ZoPP and the Code of Ethics and are required to provide them with reasons for refusing the product. It all comes down to avoiding a refund and finding a compromise, at least in relation to the exchange of the purchased unit for a similar one that is on sale.

Where to apply?

When it arises to return a product purchased remotely, it is necessary to contact the seller directly with a statement that contains a claim.

The seller should receive contact information about the shipment.

If there is a dispute between the parties, the buyer may apply to the court regarding the protection of their consumer rights.

Watch the video how online stores deceive their customers

Timing

The buyer can cancel the purchase at any time before receiving it, and after receiving it - within 7 days.

But this rule is valid only when, at the time of delivery, the consumer received information along with the order on the procedure for returning or exchanging the purchase.

Otherwise, the period will be 3 months. The seller of the goods undertakes to return the money within 10 days, which are counted from the moment of receipt of the corresponding claim from the buyer.

Procedure

Returning an item purchased remotely is not always as easy as it seems. As with a retail purchase, a number of important conditions must be met in order for the seller not to legally refuse satisfaction.

The return product must have an appropriate form for its subsequent implementation.

You also need to present documents proving the fact of purchase.

In addition to a return, an exchange is possible, but it only applies to non-grocery goods(most often - household appliances). The exchange is carried out within 14 days in relation to products that have retained their original appearance. The principle of exchange is similar - the person is sent registered letter, after which the parties discuss the options for the exchange.

Return processing: application, documents

The return procedure is as follows:

send a registered letter to the seller with a claim statement;
obtain contact information from the seller in relation to the shipment of goods;
receive money and pay return shipping.

The buyer sends the seller a claim in case of return. To this document must be accompanied by a commercial or cash receipt. When returning goods of good quality, invoice forms or a special act are used, for legal registration refusal of an offer.

Warranty item

In this case, we are talking about a low-quality product. Exchange restrictions do not apply to such products. For example, even if you bought a medicine and it turned out to be of poor quality, then you retain your right to exchange the defective purchase.

The POZPP makes a pretty powerful argument: the product must work properly during the warranty period.

This term applies only to non-food purchases. For food and medicines, an expiration date is set.

In the event of a breakdown of the warranty product, the discovery of defects in its operation, the manufacturer or seller is obliged to repair or replace it free of charge. All requirements of the consumer will be considered only after the presentation of the technical passport for the product (Articles 7-8 of the RFP).

You can use the right to return such an acquisition only within the warranty period if you have a registration certificate and a receipt for the purchase.

Good and bad quality purchases

Return of goods of good quality is possible if it has retained its presentation, consumer properties and there is a document confirming the purchase. The main condition is that the purchase must have a presentation and its consumer properties.

The fact that the product has been used is not an obstacle to the return.

But the preservation of the presentation is mandatory. The buyer does not have the right to refuse goods of good quality if it is completed. For example, if a consumer wants to refuse a quality-made pendant with a personalized engraving, then the seller has the right to refuse to meet such a requirement.

If the product was received defective or of inadequate quality for its value, the person has the right to refuse it. Also, the consumer may refuse the offer of the seller regarding the exchange of the purchase.

Return by third parties

The seller has the right to assign his rights and obligations that arise from relations with the buyer to third parties. But this rule does not apply to personal information that the consumer submits to place an order.

The exception is personal consent the buyer to transfer data to third parties.

For example, a consumer may file a claim not with the seller, but directly with the manufacturer. And when sending by mail, the client consents to the processing of data by the communication service.

Currently, among consumers, the sale of goods by remote means is of particular relevance.

When purchasing goods remotely, you need to know about the conditions and features that distinguish remote trading from the sale of goods in stores.

To begin with, let's define what is the sale of goods remotely?

Sale of goods by remote means - sale of goods under a retail sale and purchase agreement concluded on the basis of familiarization of the buyer with the description of the goods proposed by the seller, contained in catalogs, brochures, booklets or presented in photographs or by means of communication, or in other ways that exclude the possibility of direct acquaintance of the buyer with goods or a sample of goods at the conclusion of such an agreement.

The main feature of distance selling is that the consumer does not have the opportunity to personally get acquainted with either the product itself or with a sample of the product until it is received.

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

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

1. The seller who sells the goods remotely must necessarily indicate the address for the return of the goods in case of such a need.

2. when the ordered goods are delivered, the consumer needs to study the information about the goods and the manufacturer, which should contain:

Name of product;
information about the main consumer properties of the goods;
information about the warranty period, if any;
rules and conditions for the efficient and safe use of goods;
information about the service life or shelf life of the goods, as well as information about the necessary actions of the consumer after the specified periods and possible consequences if such actions are not taken, if the goods after the specified periods pose a danger to the life, health and property of the buyer or become unsuitable for their intended use ;
address (location), full company name (name) of the seller;
information on the mandatory confirmation of the compliance of goods with mandatory requirements that ensure their safety for the life, health of the buyer, the environment and prevent damage to the buyer's property in accordance with the legislation of the Russian Federation;
price, order and terms of payment for the goods.

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

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

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

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

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

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

If the goods were paid in advance, but not delivered on time due to the fault of the seller, the seller will be liable for violation of the deadline for the transfer of goods in accordance with Art. 23.1 of the Law "On Protection of Consumer Rights", namely:

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

Upon receipt of the goods, it is necessary to check the integrity, completeness of the goods, the conformity of the delivered goods with the ordered, the availability of accessories for the goods and documentation for the goods, and other characteristics and data of the delivered item.

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

Grounds for returning goods purchased remotely

The return of goods to the seller, who trades remotely, may take place in the following cases:

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

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

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

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

In relation to a technically complex product, the consumer, in the event that significant shortcomings are found in it, has the right to refuse to fulfill the contract of sale and demand a refund of the amount paid for such a product or demand its replacement with a product of the same brand (model, article) or with the same product another brand (model, article) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer of such goods to the consumer. After this period, these requirements are subject to satisfaction in one of the following cases:

discovery of a significant defect of the goods;
violation of the terms established by the Law of the Russian Federation "On Protection of Consumer Rights" for the elimination of product defects;
the impossibility of using the product during each year of the warranty period in the aggregate more than thirty days due to the repeated elimination of its various shortcomings.

2. due to the refusal of goods of good quality, not suitable size, completeness, etc.

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

The buyer does not have the right to refuse goods of good quality, having individually defined properties, if the specified goods can be used exclusively by the consumer who purchases it.

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

In accordance with the Law of the Russian Federation "On 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 of the Russian Federation
V. Zubkov

Rules for the sale of goods remotely

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

"buyer" - a citizen who intends to order or purchase or ordering, acquiring or using goods solely for personal, family, household and other needs not related to entrepreneurial activities;

"seller" - an organization, regardless of its organizational and legal form, as well as an individual entrepreneur selling goods remotely;

"sale of goods by remote means" - the sale of goods under a retail sale and purchase agreement concluded on the basis of the buyer's acquaintance with the description of the goods proposed by the seller contained in catalogs, brochures, booklets or presented in photographs or by means of communication, or in other ways that exclude the possibility of direct familiarization of the buyer with the goods or a sample of the goods at the conclusion of such an agreement.

The seller must inform the buyer about the need to use qualified specialists to connect, adjust and put into operation technically complex goods that, according to technical requirements, cannot be put into operation without the participation of relevant specialists.

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

5. It is not allowed to sell alcoholic products remotely, 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) works (services), with the exception of works (services) performed (rendered) by the seller in connection with the sale of goods remotely;

b) sale of goods using vending machines;

c) contracts of sale concluded at the auction.

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 the mandatory confirmation of the conformity of the goods;

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

c) price in rubles and conditions for the acquisition of goods (performance of work, provision of services);

d) information about the warranty period, if any;

e) rules and conditions for the efficient 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 possible consequences if such actions are not taken, if the goods after the expiration of the specified periods pose a danger to the life, health and property of the buyer or become unsuitable for use by appointment;

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

h) information on the mandatory confirmation of the compliance of goods (services) with mandatory requirements that ensure their safety for the life, health of the buyer, the environment and prevent 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 it matters based on the nature of the work (service);

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

10. If the goods purchased by the buyer were in use or a defect (shortcomings) was eliminated in it, the buyer must be provided with information about this.

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

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

12. The offer of goods in its description, addressed to an indefinite circle 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 conclude an agreement with any person who has expressed his 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 for the sale of goods by remote means is valid.

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

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 (when provided), time of its execution and cost;

d) obligations of the buyer.

15. The offer of the buyer to send the 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.

19. The seller is not entitled to offer the consumer goods that are not specified in the initial offer of goods for sale.

It is not allowed to transfer goods to the consumer 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.

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

The buyer does not have the right to refuse goods of good quality, having individually defined properties, if the specified goods can be used exclusively by the consumer who purchases it.

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

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

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

An obligation that has not been fulfilled within a reasonable time, the seller must fulfill within 7 days from the date the buyer submits a demand for its fulfillment.

For violation by the seller of the terms for the transfer of goods to the buyer, the seller shall be liable in accordance with the civil legislation of the Russian Federation.

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 the specific purposes of acquiring 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.

If defects in the goods are found, in respect of which no warranty or expiration dates have been established, the buyer has the right to make claims regarding defects in the goods within a reasonable time, but within 2 years from the date of its transfer to the buyer, unless longer periods are established by laws or the contract.

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

28. The buyer, to whom goods of inadequate quality were sold, if this was not agreed by the seller, has the right, at his choice, to demand:

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

b) a proportional reduction in the purchase price;

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 reimbursed within the time limits established by the Law of the Russian Federation "On Protection of Consumer Rights" to meet the relevant requirements of the buyer.

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

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

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

b) the mode of operation of the seller;

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;

e) the term and procedure for the return of the amount paid by the buyer for the goods.

33. When the buyer returns goods of good quality, an invoice or an act on the return of goods is drawn up, which indicate:

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

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

c) product name;

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

e) the amount to be returned;

f) signatures of the seller and the buyer (representative of the buyer). The seller's refusal or evasion from drawing 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 buyer's bank or other account specified by the buyer.

35. The seller bears the cost of returning the amount paid by the buyer in accordance with the contract.

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