Recently, the remote selling method 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 items, processing returns of goods of inadequate quality, and so on). It is important to know the features and rules of distance selling both for sellers and buyers.
Legislative framework
According to the second paragraph of article 497 of the Civil Code, a contract for retail sale can be concluded after the client has familiarized himself with the product description proposed by the seller, which is recorded in the prospectus, booklet, catalog, photographs, on television, in social networks. Familiarization with the goods can occur 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 as a remote method of sale. Questions on 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" (dated February 7, 1992).
- Federal Law No. 38 On Advertising of March 13, 2006.
- Government Decision No. 612, which regulates the rules for the sale of goods remotely (from the twenty-seventh of September 2007).
- Federal Law No. 381, which defines the basis for regulation at the state level of trade-type activities in Russia (dated December 28, 2009).
- Letter from Rospotrebnadzor No. 0100 / 2569-05-32, concerning the suppression of offenses in distance trading (dated April 8, 2005).
- Letter from Rospotrebnadzor No. 0100 / 10281-07-32, considering types of control over compliance with the requirements of Government Decision No. 612 (dated October 12, 2007).
Conclusion of contracts for the sale of goods remotely
Remote sales - this is the retail trade of various goods on the basis of sales contracts that are concluded by buyers upon the fact of studying information obtained from brochures, catalogs, booklets, using social networks, websites and other means of communication, as well as by other means, which exclude the opportunity for the buyer to get acquainted with the goods or their samples immediately before the conclusion of the contract.
According to Art. 26.1 ZoZPP (the law protecting the rights of consumers in the Russian Federation), until the conclusion of an 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 basic commodity properties.
- Location.
- Place of production.
- The full name of the manufacturer and seller.
- Terms and price of the purchase of this product.
- Warranty, shelf life and service.
- The procedure and methods of payment for the selected product.
- Validity of the offer to conclude a sale agreement.
The Law on Distance Trading stipulates that the information listed may be provided in the form of advertising, product annotations, public type agreements posted on the seller’s official website.
The eighth article of the federal law on advertising indicates that the following information about the seller himself must be supported on a product purchased through the Internet or purchased in retail:
- Location of the seller (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 trading are that the seller must offer the potential buyer a service for the delivery of the purchased goods. Delivery methods may be forwarding in the form of mail or transportation with a mark on the delivery method used and the type of transport (according to the third paragraph of the rules of distance selling). The seller can deliver on their own or by attracting third parties (when using the second method, it is necessary to inform the buyer without fail).
Product Information Required to Provide Buyer
When making delivery of the purchased goods, the buyer must provide written information on the return of goods in distance trading, its procedure and other information. This information includes the following data:
- the name of the regulation of a technical type or other technical document established by Russian law, which will be a confirmation of the conformity of the specified goods;
- 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, the presence of contraindications for use in the presence of various diseases;
- price in current currency (in rubles), terms of purchase of goods (for example, installment plan or loan, lump-sum payment, loan repayment terms and schedules, and so on);
- warranty period (if available);
- conditions and rules for the safe and efficient use of the purchased goods;
- information on the efficiency (energy) of the purchased product (if such information regarding this type of product is provided for by legislation on increasing the efficiency of energy character and energy saving);
- the shelf life and service of the goods, options for the consumer to act upon the expiration of the specified period, the possible consequences of using expired goods (harm to the health and life of the buyer, unsuitability);
- location of the seller and company name;
- information on the confirmation that the goods comply with the established standards;
- information about the rules for the sale of goods;
- an indication of the specific person who will deliver the purchased goods;
- information about the early use of the product and the elimination of the deficiencies identified in it (if such a fact took place).
All of the specified information, according to the rules of distance trading, must be provided in the contract of sale and in the technical documentation attached to the product (on the label, with the help of marking, and so on).
The moment of execution of the contract for the sale of goods by the above method is the moment of delivery of the delivery of the specified goods to the point indicated in the contract, or to the place indicated by the citizen or legal entity (if the unified delivery address is not specified in the contract).
Opt out of any product purchased online
The distant trade in alcohol and other goods defines the special protection of the rights of consumers who buy things through the Internet. This is due to the inability to inspect and touch the goods before purchase, to assess the quality of the purchased item and its features until receipt.
In connection with these facts, the legislation allows the buyer to refuse to make a purchase until the moment the goods are transferred to 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 organization for all expenses that were incurred by it due to the performance of actions aimed at fulfilling the contract (for example, to pay for delivery).
Article 26.1 of the law protecting the rights of consumers, the buyer is given the right to refuse the purchased goods until seven days from the date of receipt. In cases where there is no information on the timing and procedure for returning items of appropriate quality (not provided in writing by the seller upon delivery of the goods), the period for return is extended in favor of the consumer up to three months.
The indicated dates only apply to distance trading. In other cases, only goods that have flaws are returned. In relation to a quality product, only a thing can be replaced with another (in color, size, and so on). Moreover, the exchange period is limited to fourteen days.
When making purchases via the Internet on trading floors, it is possible to return a product 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, the rejection of goods of appropriate quality is not possible. This applies to items that have the properties of an individually defined type. In particular, we are talking about the distance trading of medicines and other goods that can only be used by the consumer who bought it. When returning the item, the seller must return the amount of money to the buyer, minus the cost of delivery, within ten days.
Refusal of goods of inadequate quality purchased through the Internet
In respect of low-quality goods for trading via the Internet, the same return rules apply as with regular sales (article eighteen of the law protecting consumers' rights).
If the buyer finds a marriage, he has the right to carry out one of five actions:
- Demand to replace the thing with exactly the same.
- Demand to replace the thing 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 proportional amount.
- Require the seller to immediately eliminate the identified deficiencies at no cost.
- Refuse the goods and demand a refund in return for the returned defective item.
- Claim damages if they arise due to the purchase of defective goods.
Possible actions after the statutory deadlines
With distance trading, it is also possible to return (replace) the goods in the following cases:
- if the product is found to be deficient in a substantial nature;
- if the seller has violated the deadlines established by law to eliminate identified shortcomings;
- if the goods cannot be used annually during the warranty period for more than thirty days due to the constant elimination of various defects.
These rules apply to items purchased over the Internet that are considered technically complex. Their list is established by Decree of the Russian government No. 575 of May 13, 1997.
Return Policy
In retail trade and distribution of goods through trading platforms, the seller is equally responsible for the quality of the goods and the identified shortcomings. Deficiencies are the seller’s responsibility if the buyer proves that they arose before receiving the goods.
If deviations from the quality parameters are detected, the seller must accept the item to check the quality. The buyer can participate in this inspection. 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 the low-quality product is bulky or weighs more than five kilograms, its delivery for inspection, repair, replacement, markdown or return is made at the seller’s expense.
Examination
According to articles 20-22 of the consumer protection law and the rules established by the National Association of Distance Trading, the buyer has the right to be present during the examination of low-quality goods, as well as to challenge its conclusion if he does not agree with the results of the inspection.
If during the inspection it is established that the seller is not to blame for the occurrence of shortcomings (buyer's fault, force majeure, etc.), the buyer must reimburse the seller for the examination, transportation and storage of the goods.
If serious shortcomings are identified, the rules of distance trading allow the seller to be required to eliminate the identified shortcomings 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 set.
If after the examination it is found that it is impossible to eliminate the deficiencies, the buyer may demand the replacement of the item or a refund for it.
Drawing up an invoice upon return
Return of goods is accompanied by the preparation of the corresponding invoice. It indicates the following information:
- company full name of the seller;
- the name of the product purchased through the Internet;
- last name, first name, patronymic of the consumer;
- date of signing the contract and transfer of the thing;
- amount to return;
- 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 him. If the date of return of funds and goods does not match, the money is transferred to the buyer in one of the ways he has chosen:
- By transfer by mail.
- Cash at the seller’s location.
- Transfer to the buyer's bank account.
All costs for refunds are borne by the seller.
Claim Dates
As a general rule, the periods for making claims for defects in a product are the warranty periods or the expiration dates. If the indicated 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 the transfer to the buyer. If the warranty periods are not indicated, the general period is two years, unless other periods of time are established by law or by the contract of sale.
The warranty periods and the service life of the goods are calculated from the moment they are transferred to the buyer, unless otherwise specified in the contract. For example, for seasonal goods, the periods begin to be counted in accordance with the regulatory acts of the entities based on the climatic conditions of the buyer's place of residence.
When delivering goods purchased via the Internet, dates begin to count from the moment the item is delivered to the consumer. If it is impossible to determine the term, its beginning coincides with the day of conclusion of the contract for the sale of goods.
The terms for eliminating the deficiencies identified in the product are similar to those for the purchase and sale of retail type.
Despite the clear differences between online purchases and retail types of sales, the principles of sale and the rights of customers are identical. In some cases, online shoppers are more secure than retail shoppers. This is due to the fact that sellers are obliged to provide all the necessary information about the product during its implementation, while in stores they are not always ready to educate consumers about the properties of a particular thing. In addition, sellers must conclude appropriate agreements, pay taxes, be responsible for the compliance of goods with quality standards, and also compensate for losses incurred by buyers (if necessary).