Rules for distance selling by government decree. Remote method of selling goods (memo for consumers). Refusal of any product purchased online

Rules for selling goods remotely

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

ABOUT APPROVAL OF THE RULES

List of changing documents

In accordance with the Law of the Russian Federation "On the Protection of Consumer Rights", the Government of the Russian Federation decides:

Approve the attached Rules for the sale of goods remotely.

RULES

SALES OF GOODS REMOTELY

List of changing documents

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

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

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

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

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

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

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

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

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

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

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

6. These Rules do not apply to:

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

b) sales of goods using machines;

c) sales and purchase agreements concluded at auctions.

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

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

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

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

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

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

d) information about the warranty period, if established;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

d) buyer's obligations.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

b) a proportionate reduction in the purchase price;

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

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

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

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

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

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

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

b) the seller’s working hours;

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

d) a warning about the need to preserve the presentation, consumer properties of the goods of proper quality until they are returned to the seller, as well as documents confirming the conclusion of the contract;

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

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

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

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

c) name of the product;

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

e) the amount to be returned;

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

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

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

a) in cash at the location of the seller;

b) by postal order;

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

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

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

37. Monitoring of compliance with these Rules is carried out by the Federal Service for Surveillance on Consumer Rights Protection and Human Welfare.

(clause 37 as amended by Decree of the Government of the Russian Federation dated October 4, 2012 N 1007)

Chairman of the Government

Russian Federation

Approved

Government Decree

Russian Federation

The convenience and low cost of remote shopping have already been appreciated by hundreds of millions of people around the world. Already today, according to the simplest calculations, a quarter of all retail sales are carried out via the Internet. In our article we will look at the main requirements of Russian legislation on the sale of goods remotely in 2019.

What is distance selling?

The widespread sale of goods via the Internet today is a form of distance trading. In a simple sense, distance trading is the sale of goods to a client under a retail purchase and sale agreement, when the buyer does not have the opportunity to directly familiarize himself with the product or its sample. A person can get acquainted with the description of a product in booklets, prospectuses, catalogues, from photographs, using information about the product presented on a website on the Internet or using other various channels of information dissemination. That is, when selling goods remotely, there is no personal contact between the seller and the buyer; the person makes the decision to purchase based on the description and images of the product. Thus, the seller can sell goods in Moscow, and the buyer can order goods from Vladivostok.

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The main document that owners of online stores must follow in their work is the “Rules for the sale of goods remotely,” which were approved by Decree of the Russian Government on September 27, 2007 No. 612. These rules establish the procedure for selling goods remotely and regulate the relationship in this regard between the seller and the buyer. Also, the sale of goods remotely is regulated by the Law of the Russian Federation “On the Protection of Consumer Rights”, the Civil Code of the Russian Federation, Letters of Rospotrebnadzor “On monitoring compliance with the Rules for the sale of goods remotely” and “On the suppression of offenses in the remote method of selling goods”.

Such a large number of documents regulating the “rules of the game” in this area is due to the fact that there are frequent disputes between sellers and their remote buyers, conflict situations, and the need to return goods when selling products of inadequate quality. And if everything is clear with the sphere of selling goods “in reality”, then in the sphere of virtual and distance trading a large number of questions still arise. Let's consider the basic rules of distance selling that apply in our country.

Distance selling: product information

Even before a contract for the retail purchase and sale of goods remotely is concluded between the seller and the buyer, the seller must provide the following information to the audience of potential customers:

  • Data on the main consumer properties of the product;
  • Seller's address or location;
  • Place of manufacture of goods;
  • Full brand name of the product;
  • About the price of the goods;
  • About the conditions for purchasing goods;
  • About the methods of delivery of goods;
  • About the service life of the product, its expiration date;
  • About the availability of a warranty period for goods;
  • About the procedure for paying for goods;
  • About the period during which the offer to conclude a contract is valid.

All of the listed information that the buyer needs in order to make a decision to purchase a product without having the opportunity to familiarize himself with it directly in person can be presented in the form of an advertisement for the product on the website, either as an annotation or in the form of a public purchase and sale agreement.

  • Full name of the seller's company;
  • Seller's location;
  • State registration number of the record on the creation of a legal entity;
  • Full name, main state registration number of the state registration record of an individual as an individual entrepreneur.

The seller is also obliged to provide his customers with information that the product has already been used or if any defects or malfunctions have been eliminated. A seller on a website presenting a description of goods for sale by remote means must inform buyers of the period during which such offer for sale is valid.

After the buyer decides to purchase the goods remotely, he must inform the seller of his intention and send him a message indicating the full name and address of the seller; Full name of the buyer or recipient, address to which the goods will need to be delivered; the name of the selected product, its article number, brand, variety, number of items that should be included in the product package, its price; buyer's obligations; and, if we are talking about purchasing a service remotely, then it is necessary to provide information about the type of service, the time of its execution and the cost.

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After the seller receives a message from the buyer about the intention to purchase the goods and enter into an agreement, the seller has obligations to transfer the goods to the consumer.

Distance trading: delivery of goods

As you know, any seller is obliged to provide consumers with complete, reliable information about goods. This is necessary so that a person has the opportunity to make the right choice. According to paragraph 9 of the “Rules for the sale of goods remotely”, there is information that the seller is obliged to bring to the attention of the buyer at the time of delivery of the goods. Despite the fact that the products will be imported, data about them must be presented in Russian. This includes:

  1. Documents confirming the conformity of the product (technical regulations or other designation established by the legislation of the country);
  2. Information about the basic consumer properties of the product (if we are talking about food products, then information must be provided on the composition, nutritional value, purpose, storage conditions, weight, volume, date and place of manufacture, contraindications for the use of products for certain diseases);
  3. Price of the product and terms of its purchase;
  4. Information about the warranty period of the product;
  5. Rules and conditions under which the use of the product will be safe for life and health and effective;
  6. Information about the shelf life of goods, their service life, actions with goods for the consumer that he is obliged to perform after the product’s shelf life has expired;
  7. Address, name of the seller of the goods, address and location of the organization that is authorized to accept claims from buyers and carry out repairs and maintenance of the goods;
  8. Documents confirming the compliance of goods with mandatory requirements in accordance with the legislation of the Russian Federation;
  9. Information about the rules for selling goods;
  10. Information about the right to refuse goods and return them to the seller;
  11. Information about the procedure and terms for returning goods;
  12. Information on the energy efficiency of goods, if such information about them must be available in accordance with the laws of the Russian Federation.

All of the above information about goods that are sold remotely must be presented either on the product itself, its packaging, container, tag, label, on electronic media that are attached to the product, in technical documentation. The seller must not transfer to his buyers goods with a requirement for payment that do not correspond to the preliminary agreement.

Important! An agreement for the retail purchase and sale of goods remotely is considered concluded from the moment the seller issues the buyer a cash or sales receipt or other document that confirms payment for the goods. If goods are paid for by bank transfer or on credit, at the buyer’s request, the seller is obliged to issue him an invoice or a goods acceptance certificate - documents confirming the transfer of goods.

If the contract for the sale and purchase by remote means contains a condition for the delivery of goods, then the seller is obliged to deliver the goods to the place specified by the consumer of the goods within the period established by the contract. Delivery of goods by the seller may be carried out using the services of third parties, but the buyer must also be informed about this.

The terms of delivery and transfer of goods must be established in the purchase and sale agreement. If it is difficult to determine the delivery time of the goods, then the purchase must be transferred within a reasonable time, and the seller is liable for violation of the delivery deadlines in accordance with the civil code of the country.

It is important to remember that all goods that the seller transfers to his buyer under a remote purchase and sale agreement must correspond to the description and information about them presented on the website and the information that is transferred to the consumer during the direct transfer of the goods.

It must be remembered that when selling goods remotely and through online stores for cash, “online entrepreneurs” are required to use cash register equipment and issue cash receipts to consumers. It is necessary to issue checks when selling goods via the Internet at the time an individual makes payment for the goods - this can be an advance payment (then an electronic check is sent to the customer’s e-mail box) or the transfer of a cash receipt at the time the order is transferred by courier to the buyer. Issuing copies of cash receipts, as well as issuing cash receipts printed earlier than five minutes before the immediate payment for the purchase is not allowed. Entrepreneurs will face administrative fines for violating this requirement.

Distance trading: returning goods of good quality

Since when ordering goods via the Internet, we are all deprived of the opportunity to see this product with our own eyes and “touch” it in order to evaluate its quality until we buy it. In order to protect the rights of consumers purchasing goods online, there are a number of options for returning and canceling ordered products. In particular, in accordance with Article 497 of the Civil Code of the Russian Federation, the buyer has the right to refuse to execute a retail purchase and sale agreement remotely until the goods are transferred to him. This is possible subject to reimbursement to the seller of all necessary expenses incurred in connection with the execution of the contract. In other words, the consumer has the right to refuse his order until it is directly transferred, but is obliged to reimburse the seller for all costs of delivery of the order.

Also, in accordance with the “Rules for the sale of goods remotely”, the buyer has the right to refuse the goods even after receiving it - within seven days. If information about the procedure and timing for returning goods of good quality during distance selling was not brought to the attention of the consumer in writing at the time of delivery of the purchase, he has the right to refuse the goods received within three months from the date of receipt.

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Any buyer can return goods of good quality ordered remotely, but subject to a number of conditions:

  • Preservation of the presentation of the goods;
  • Preservation of consumer properties of the product;
  • Availability of a document that confirms the fact of purchase of the goods (cash receipt) and the conditions of its purchase.

But if the buyer of the goods does not keep the receipt, this does not deprive him of the opportunity to prove the fact of purchasing the goods from this seller in other ways. The buyer does not have the right to refuse a product of proper quality if the product was made according to his individual order and has individually defined properties, for example, if it is a ring with a personal engraving.

In order for the customer to return the goods of proper quality, the seller must draw up an invoice or a certificate of return of the goods. These documents must contain the following information:

  • Full name of the seller’s company or individual entrepreneur;
  • Full name of the buyer;
  • Name of the product to be returned;
  • Date of conclusion of the purchase and sale agreement;
  • Date of transfer of goods;
  • The amount of money paid for the goods and subject to return;
  • Signatures of the seller and buyer of the goods.

After the buyer refuses the goods of proper quality, the seller must return to him the entire amount paid by him in accordance with the contract, excluding the cost of delivery of the goods. The seller must return the money to the buyer when returning the goods no later than ten days from the date of presentation of the request to return the goods.

Refund of the amount paid for the goods upon return is carried out either in cash (at the seller’s location), or by postal order, or by transfer to the buyer’s bank account.

Distance trading: return of goods of inadequate quality

Let's start with the fact that the seller's website must necessarily provide information about the procedure and terms for returning goods if the buyer wants them to return the ordered goods for any reason. This is the address to which the goods can be returned; seller's working hours; maximum and minimum return periods; a warning that the goods returned to the seller must be in salable condition and of proper quality; as well as the period and procedure for returning the funds that the buyer will pay for the ordered goods.

Approved

Government Decree

Russian Federation

RULES

SALES OF GOODS REMOTELY

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

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

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

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

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

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

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

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

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

On the territory of the Russian Federation, the sale of jewelry made of precious metals and (or) precious stones, certified cut precious stones by remote means is allowed, taking into account the specifics established by the legislation of the Russian Federation.

6. These Rules do not apply to:

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

b) sales of goods using machines;

c) sales and purchase agreements concluded at auctions.

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

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

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

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

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

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

d) information about the warranty period, if established;

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

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

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

(see text in the previous edition)

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

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

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

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

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

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

(see text in the previous edition)

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

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

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

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

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

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

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

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

d) buyer's obligations.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

b) a proportionate reduction in the purchase price;

Currently, selling goods remotely is becoming especially important among consumers.

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

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

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

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

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

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

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

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

  • Name of product;
  • information about the main consumer properties of the product;
  • information about the warranty period, if established;
  • rules and conditions for the effective 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 expiration of the specified periods and the possible consequences of failure to perform such actions, if the goods, after the expiration of the specified periods, pose a danger to the life, health and property of the buyer or become unsuitable for their intended use ;
  • address (location), full corporate name (name) of the seller;
  • information on the mandatory confirmation of compliance of goods with mandatory requirements ensuring their safety for the life, health of the buyer, the environment and the prevention of harm to the buyer’s property in accordance with the legislation of the Russian Federation;
  • price, procedure and terms of payment for goods.

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

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

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

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

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

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

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

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

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

Grounds for returning goods purchased remotely

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

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

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

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

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

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

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

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

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

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

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

In accordance with the Law of the Russian Federation "On the Protection of Consumer Rights" the Government of the Russian Federation decides:

Approve the attached Rules for the sale of goods remotely.

Chairman of the Government of the Russian Federation
V. Zubkov

Rules for selling goods remotely

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

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

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

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

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

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

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

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

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

6. These Rules do not apply to:

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

b) sales of goods using machines;

c) sales and purchase agreements concluded at auctions.

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

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

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

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

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

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

d) information about the warranty period, if established;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

d) buyer's obligations.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

b) a proportionate reduction in the purchase price;

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

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

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

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

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

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

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

b) the seller’s working hours;

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

d) a warning about the need to preserve the presentation, consumer properties of the goods of proper quality until they are returned to the seller, as well as documents confirming the conclusion of the contract;

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

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

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

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

c) name of the product;

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

e) the amount to be returned;

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

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

a) in cash at the location of the seller;

b) by postal order;

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

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

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

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