Recently, the remote method of selling is gaining more and more popularity. Along with the convenience and relevance of this method, it has many difficulties (for example, in the field of advertising goods, selling things, processing the return of goods of inadequate quality, and so on). It is important for both sellers and buyers to know the features and rules of distance selling.
Legislative framework for regulation
According to the second paragraph of Article 497 of the Civil Code, a retail sale contract can be concluded after the client has familiarized himself with the product description offered by the seller, which is recorded in the prospectus, booklet, catalog, photographs, on television, in social networks. Familiarization with the goods can also take place in other ways, if they exclude the possibility of direct acquaintance of the buyer with the goods.
In regulatory legal acts, this type of trade is considered asremote sale. Questions about its implementation are considered by the following legislative acts:
- Russian Civil Code.
- Law of the Russian Federation No. 2300-1 "On the Protection of Consumer Rights" (February 7, 1992).
- Federal Law No. 38 "On Advertising" of March 13, 2006.
- Government Decree No. 612 regulating the rules for the sale of goods by remote means (September 27, 2007).
- Federal Law No. 381, defining the basis for state regulation of trading activities in Russia (December 28, 2009).
- Letter from Rospotrebnadzor No. 0100/2569-05-32 regarding the suppression of offenses in distance selling (dated April 8, 2005).
- Letter from Rospotrebnadzor No. 0100/10281-07-32 considering the types of control over compliance with the requirements of Government Decree No. 612 (October 12, 2007).
Conclusion of contracts for the sale of goods remotely
Distance sales is the retail sale of various goods on the basis of sales contracts that are concluded by buyers upon studying information obtained from brochures, catalogs, booklets, using social networks, websites and other means of communication, and also through other methods that exclude the possibility for the buyer to get acquainted with the goods or their samples immediately before the conclusion of the contract.
According to Art. 26.1 LOZPP (the law protecting the rights of consumers in the Russian Federation), until the conclusion of the agreement between the seller and the buyer on the purchase of goods, the buyer has the right to receive the following information from the seller:
- Consumer main product features.
- Location.
- Place of production of goods.
- Full brand name of manufacturer and retailer.
- Terms and price of purchasing this product.
- Warranty, shelf life and service.
- Procedure and methods of payment for the selected product.
- Validity of the offer to conclude a sale agreement.
The Law on Distance Selling determines that the above information can be provided in the form of advertising, annotations to the product, a public contract posted on the official website of the seller company.
The eighth article of the federal law on advertising specifies that the following information about the seller himself must be supported with the product purchased via the Internet or the thing purchased at retail:
- Seller's location (legal and actual address).
- Name and legal form.
- Registration state number of the record that the specified legal entity was created.
- Surname, name, patronymic and state registration main number of the record that the specified individual was registered as an individual entrepreneur.
Features of distance selling are thatthe seller must offer the potential buyer a service for the delivery of the purchased goods. Delivery methods can be forwarding in the form of a postal item or transportation with a note on the delivery method used and the mode of transport (according to the third paragraph of the distance selling rules). The seller can carry out delivery on his own or by involving third parties (when using the second method, it is necessary to inform the buyer without fail).
Necessary to provide the buyer with product information
When making the delivery of the purchased goods, the buyer is obliged to provide written information on the return of the goods during distance selling, its procedure and other information. This information includes the following data:
- name of a technical type regulation or other technical document established by Russian law, which will be a confirmation of the conformity of the specified product;
- main consumer properties of the purchased goods, work performed or services provided;
- data on the composition of the food product, its value (food), purpose, storage and use of the product, methods of cooking with its use, weight, place and date of manufacture, time and place of packaging, contraindications for use if available various diseases;
- price in current currency (in rubles), conditions for purchasing goods (for example, installment plan or loan, lump sum payment, loan repayment terms and schedules, and so on);
- termwarranty (if any);
- conditions and rules for the safe and efficient use of the purchased goods;
- information about the efficiency (energy) of the purchased product (if such information regarding this type of product is provided for by legislation on improving energy efficiency and energy saving);
- shelf life and service life of goods, options for consumer action after the expiration of the specified period, possible consequences of using an expired product (harm to the he alth and life of the buyer, unsuitability);
- vendor location and business name;
- confirmation information that the product complies with established standards;
- information about the rules for the sale of goods;
- indication of a specific person who will deliver the purchased goods;
- information about the early use of the product and the elimination of the shortcomings identified in it (if such a fact took place).
All specified information, according to the rules of distance selling, must be provided in the sales contract itself and in the technical documentation attached to the product (on the label, using markings, and so on).
The moment of execution of the contract for the sale of goods in the above way is the moment of transfer of delivery of the specified goods to the point specified in the contract, or to the place indicated by a citizen or legal entity (if a single delivery address is not specified in the contract).
Rejection of any product,purchased online
Distant sale of alcohol and other goods determines the special protection of the rights of consumers who buy things via the Internet. This is due to the inability to inspect and touch the goods before buying, to evaluate the quality of the purchased item and its features until the moment of receipt.
In connection with these facts, the legislation gives the buyer the opportunity to refuse to make a purchase until the moment the goods are transferred by the online store. According to Article 497 of the Civil Code, in case of refusal to receive the goods, the buyer is obliged to reimburse the seller for all expenses that were incurred by it due to actions aimed at fulfilling the contract (for example, pay for delivery).
Article 26.1 of the law that protects the rights of consumers, the buyer is given the right to refuse the purchased goods before the expiration of seven days from the date of receipt. In cases where there is no information on the timing and procedure for returning an item of appropriate quality (not provided by the seller in writing upon delivery of the goods), the return period is extended in favor of the consumer to three months.
The indicated terms apply only for distance trading. In other cases, only goods that have defects can be returned. In relation to a quality product, only the replacement of a thing with another (by color, size, and so on) can be carried out. At the same time, the exchange period is limited to fourteen days.
When making purchases over the Internet on marketplacesYou can return the goods only if its consumer properties, presentation and relevant documents are preserved. In the absence of documents, you can refer to other evidence that the item was purchased from this seller.
In some cases, it is impossible to refuse goods of the corresponding quality. This applies to items that have properties of an individually defined type. In particular, we are talking about distance selling medicines and other goods that can only be used by the consumer who bought it. When returning an item, the seller must return the amount of money to the buyer, minus the cost of delivery, within ten days.
Rejection of goods of inadequate quality purchased via the Internet
Defective online merchandise is subject to the same return policy as regular sale (Article 18 of the consumer protection law).
If the buyer has discovered a marriage, he has the right to take one of five actions:
- Demand to replace the item with exactly the same.
- Demand to replace the item with the same, but with a different brand (with recalculation of the price if the cost is different).
- Demand to reduce the price of the goods to a proportionate amount.
- Require the seller to immediately eliminate the identified deficiencies free of charge.
- Refuse the product and demand a refund in exchange for the returned defective item.
- Claim for damages if caused by purchasedefective product.
Possible actions after legal deadlines
When selling remotely, it is also possible to return (replace) the goods in the following cases:
- if a significant defect is found in the product;
- if the seller violated the deadlines established by law to eliminate identified shortcomings;
- if the product cannot be used annually during the warranty period of more than thirty days due to the constant elimination of various defects.
Such rules apply to goods purchased via the Internet, recognized as technically complex. Their list was established by Decree of the Russian government No. 575 of May 13, 1997.
Return Policy
When retailing and distributing goods through marketplaces, the seller is equally responsible for the quality of the goods and the identified shortcomings. Defects are the responsibility of the seller if the buyer can prove that they arose before receiving the goods.
If deviations from the quality parameters are detected, the seller must accept the item for quality control. The buyer can take part in this verification. The absence of a receipt or other document certifying the fact of purchase is not considered a reason to refuse to accept the goods.
If a low-quality product is large or weighs more than five kilograms, it will be delivered for inspection, repair, replacement, markdown or returnat the expense of the seller.
Expertise
According to articles 20-22 of the consumer protection law and the rules established by the National Distance Selling Association, the buyer has the right to be present during the examination of a defective product, as well as to challenge its conclusion if he does not agree with the results of the examination.
If during the audit it is established that the seller is not to blame for the occurrence of defects (buyer's fault, force majeure, and so on), the buyer is obliged to reimburse the seller's expenses for the examination, transportation and storage of the goods.
If serious deficiencies are identified, the distance selling rules allow for the possibility of requiring the seller to eliminate the identified deficiencies free of charge within two years from the date of receipt of the goods by the buyer, during the service period, or within ten years, if such a period is not established.
If, after the examination, the impossibility of eliminating the defects is established, the buyer may require a replacement item or a refund for it.
Creating a return invoice
The return of goods is accompanied by the preparation of an appropriate invoice. It contains the following information:
- company full name of the selling organization;
- name of item purchased online;
- surname, name, patronymic of the consumer;
- date of signing of the contractand transfer things;
- amount to be returned;
- signatures of the parties.
If the seller refuses to draw up an invoice or an act, the buyer does not lose his right to return the goods or money for it. If the date of return of funds and goods does not match, the money is transferred to the buyer in one of the ways chosen by him:
- Transfer by mail.
- Cash at the location of the seller.
- By transfer to the buyer's bank account.
All return costs are borne by the seller.
Claim deadlines
As a general rule, the deadlines for filing claims for product defects are warranty periods or expiration dates. If the specified periods are less than two years, but the defects were discovered by the buyer within a two-year period, he has the right to present a claim to the seller if it is proved to him that the defects of the thing arose before its transfer to the buyer. If the warranty period is not specified, the general period is two years, unless other periods of time are established by law or the sales contract.
The warranty periods and service life of the goods are calculated from the moment of its transfer to the buyer, unless other conditions are prescribed in the contract. For example, for seasonal goods, the terms begin to be counted in accordance with the regulatory acts of the subjects based on the climatic conditions of the buyer's place of residence.
When delivering goods purchased via the Internet, the terms begin to count from the moment the item is delivered to the consumer. If it is impossible to determineits beginning coincides with the day of the conclusion of the contract for the sale of goods.
Terms for elimination of deficiencies identified in the product are similar to the terms for the purchase and sale of a retail type.
Despite the obvious differences between online purchases and retail sales, the principles of sale, as well as the rights of buyers, are identical. In some cases, buyers of online goods are more protected than retail buyers. This is due to the fact that sellers are required to provide all the necessary information about the product when selling it, while stores are not always ready to educate consumers about the properties of a particular thing. In addition, sellers must enter into relevant contracts, pay taxes, be responsible for the compliance of goods with quality standards, and also compensate for losses incurred by buyers (if necessary).
