Conditions of return
These rules are advisory in nature and do not limit the buyer in the rights associated with the presentation of claims to the Seller provided for by the current legislation.
Remote way of selling goods
Distance selling is gaining more and more popularity, since buying from catalogs is a very convenient way of purchasing goods, which is in demand all over the world. However, difficulties arise regarding the issues of legal regulation of Internet commerce, work with delivery and returns. acts sounds like a "remote way of selling goods" and is regulated by:
- The Civil Code of the Russian Federation.
- The Law of the Russian Federation "On Protection of Consumer Rights" No. 2300-1 dated 02/07/1992.
- Federal Law "On Advertising" No. 38-FZ dated 13.03.2006.
- Federal Law "On the Basics of State Regulation of Trade Activities in the Russian Federation" No. 381-FZ dated 28.12.2009.
- Decree of the Government of the Russian Federation "On approval of the Rules for the sale of goods by remote means" No. 612 of 27.09.2007.
Features of the remote way of selling goods
Sale of goods by remote means is the sale of goods under a retail sale and purchase agreement concluded on the basis of familiarization of the buyer with the description of goods offered by the seller, contained in catalogs, brochures, booklets or presented in photographs or by means of communication (television, postal, radio communication and others) or in other ways that exclude the possibility of direct acquaintance of the buyer with the goods, or a sample of goods upon conclusion of such an agreement.
The seller must provide information before the conclusion of the contract:
- About the main consumer properties of the product.
- About the address (location) of the seller.
- About the place of manufacture.
- Full brand name of the seller (manufacturer's name).
- About the price.
- About the terms of purchase.
- About its delivery.
- Service life.
- Expiry date.
- Warranty period.
- About the order of payment for the goods.
- About the period during which the offer to conclude a contract is valid.
According to the rules for the sale of goods by a remote method, approved by the Decree of the Government of the Russian Federation of September 27, 2007 No. 612, the contract is considered concluded from the moment the seller issues a cash or sales receipt to the buyer 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 product.
When selling goods by remote means, the seller is obliged to offer the buyer services for the delivery of goods by mailing them or transportation, indicating the method of delivery and mode of transport used. The delivered goods are transferred to the buyer at his place of residence or to another 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 sales contract.
The seller may entrust the delivery to third parties - couriers, postal service, special delivery service. If the delivery was not carried out through the fault of the buyer himself, the seller has the right to demand additional payment for the re-delivery of the goods.
If the product purchased by the buyer was in use or the defect (s) was eliminated in it, the buyer should be provided with information about this.
The seller is not entitled to offer the consumer goods that were not specified in the initial offer of goods for sale.
It is not allowed to transfer to the consumer goods that do not meet the preliminary agreement, if such transfer is accompanied by a demand for payment for the goods.
Right to refuse (return) goods
The consumer, on the basis of the information provided, cannot carefully inspect the product and evaluate its quality until the moment the product is delivered. Therefore, the consumer in cases specified by the Law of the Russian Federation "On Protection of Consumer Rights" has the right to refuse the goods.
Refusal (return) of good quality goods
- Before transmission – at any time.
- After the transfer of the goods – within 7 (seven) days.
If information on the procedure and timing of the return of the goods was not provided to the consumer in writing at the time of delivery, then within three months from the date of transfer of the goods.
Please note that the return of good quality goods is possible only if you have saved:
- Its presentation.
- Consumer properties.
- A document confirming the fact and conditions of purchase of the specified product.
The consumer's lack of a receipt does not deprive him of the opportunity to refer to other evidence of the purchase of goods from this seller - these are testimonies, the presence of the seller's brand markings on the packaging of the goods, a warranty card with a date and serial number, etc.
The buyer does not have the right to refuse a product that has individually defined properties, if the specified product can be used exclusively by the consumer purchasing it (for example, a brazier with an individual engraving).
If the consumer refuses the goods, the seller must return the amount paid by the consumer under the contract, excluding the seller's costs of shipping the returned goods from the consumer.
The term for the return of the amount paid for the purchase is regulated by the Law of the Russian Federation "On Protection of Consumer Rights" and is 10 days.
Refunds are made by the seller in agreement with the consumer in one of the following ways:
- In cash at the location of the seller.
- By postal order.
- By transferring the appropriate amount to the buyer's bank account or other account specified by the buyer.
Refusal (return) from goods of non-quality
According to Article 18 of the Law of the Russian Federation "On Protection of Consumer Rights" and paragraph 29 of the Rules for the sale of goods by remote means the right of the buyer is enshrined in the event of receiving goods of inadequate quality to:
- Replacement for a product of a similar brand (model, article number) or for the same product of a different brand (model, article number) with a corresponding recalculation of the purchase price.
- Requiring a commensurate reduction in the purchase price.
- Free elimination of product defects.
- Refuse to fulfill the contract and demand the return of the amount paid for the goods when returning the goods to the seller.
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 reimbursed within the time frame established by the Law of the Russian Federation "On Protection of Consumer Rights". This period cannot exceed 10 days from the date the consumer submits the corresponding request to the seller.