Distance selling rules
Approved by Decree of the Government of the Russian Federation of September 27, 2007 N 612
RULES FOR THE SALES OF GOODS BY REMOTE METHOD
1. These Rules, which establish the procedure for selling goods remotely, govern the relationship between the buyer and the seller in the sale of goods remotely and the provision of services in connection with such sale.
2. The basic concepts used in these Rules mean the following:
"buyer" - a citizen who intends to order or purchase or ordering, acquiring or using goods solely for personal, family, household and other needs not related to entrepreneurial activities;
"seller" - an organization, regardless of its organizational and legal form, as well as an individual entrepreneur selling goods remotely;
"sale of goods by remote means" - the sale of goods under a retail sale and purchase agreement concluded on the basis of the buyer's acquaintance with the description of the goods proposed by the seller contained in catalogs, brochures, booklets or presented in photographs or using postal networks, telecommunication networks, including including the information and telecommunication network "Internet", as well as communication networks for broadcasting TV channels and (or) radio channels, or in other ways that exclude the possibility of direct acquaintance of the buyer with the goods or a sample of the goods when concluding such an agreement. (in rev. Decrees of the Government of the Russian Federation dated 04.10.2012 N 1007)
3. When selling goods remotely, the seller is obliged to offer the buyer services for the delivery of goods by sending them by post or transportation, indicating the method of delivery and mode of transport used.
The seller must inform the buyer about the need to use qualified specialists to connect, adjust and put into operation technically complex goods that, according to technical requirements, cannot be put into operation without the participation of relevant specialists.
4. The list of goods sold remotely and services provided in connection with such sale is determined by the seller.
5. It is not allowed to sell alcoholic products remotely, as well as goods, the free sale of which is prohibited or limited
6. These Rules do not apply to:
a) works (services), with the exception of works (services) performed (rendered) by the seller in connection with the sale of goods remotely;
b) sale of goods using vending machines;
c) contracts of sale concluded at the auction.
7. The seller is not entitled to perform additional work (render services) for a fee without the consent of the buyer. The buyer has the right to refuse to pay for such works (services), and if they are paid, the buyer has the right to demand that the seller return the amount paid.
8. The seller must, prior to the conclusion of the retail sale contract (hereinafter referred to as the contract), provide the buyer with information about the main consumer properties of the goods and the address (location) of the seller, the place of manufacture of the goods, the full trade name (name) of the seller, the price and conditions purchase of goods, their delivery, service life, shelf life and warranty period, the procedure for payment for goods, as well as the period during which the offer to conclude a contract is valid.
9. The seller at the time of delivery of the goods is obliged to bring to the attention of the buyer in writing the following information (for imported goods - in Russian):
a) the name of the technical regulation or other designation established legislation of the Russian Federation on technical regulation and indicating a mandatory confirmation of the conformity of the goods;
b) information about the main consumer properties of the goods (works, services), and in relation to food products - information about the composition (including the name of the food additives, biologically active additives used in the manufacturing process, information about the presence in the food of components obtained with the use of genetically modified organisms), nutritional value, purpose, conditions for the use and storage of food, methods for preparing ready-made meals, weight (volume), date and place of manufacture and packaging (packaging) of food, as well as information about contraindications for their use in certain diseases;
c) price in rubles and conditions for the acquisition of goods (performance of work, provision of services);
d) information about the warranty period, if any;
e) rules and conditions for the efficient and safe use of goods;
f) information about the service life or shelf life of the goods, as well as information about the necessary actions of the consumer after the expiration of the specified periods and possible consequences if such actions are not taken, if the goods after the expiration of the specified periods pose a danger to the life, health and property of the buyer or become unsuitable for use by appointment;
g) location (address), company name (name) of the manufacturer (seller), location (address) of the organization (organizations) authorized by the manufacturer (seller) to accept claims from buyers and carry out repairs and maintenance of goods, for imported goods - name of the country of origin of the goods;
(paragraph "g" in rev. Decrees of the Government of the Russian Federation dated 04.10.2012 N 1007)
(See text in previous edition)
h) information on the mandatory confirmation of the conformity of goods (services) with mandatory requirements that ensure their safety for the life, health of the buyer, the environment and prevent damage to the buyer's property in accordance with legislation Russian Federation;
i) information on the rules for the sale of goods (performance of work, provision of services);
j) information about a specific person who will perform the work (provide a service), and information about him, if it matters based on the nature of the work (service);
k) information provided by paragraphs 21 and 32 of these Rules;
l) information on the energy efficiency of goods in respect of which the requirement for the availability of such information is determined in accordance with legislation of the Russian Federation on energy saving and energy efficiency improvement.
(item "m" entered Decree of the Government of the Russian Federation dated 04.10.2012 N 1007)
10. If the goods purchased by the buyer were in use or a defect (shortcomings) was eliminated in it, the buyer must be provided with information about this.
11. Information about the product, including its operating conditions and storage rules, is communicated to the buyer by placing it on the product, on electronic media attached to the product, in the product itself (on the electronic board inside the product in the menu section), on containers, packaging, labels , label, in the technical documentation or in any other way established by the legislation of the Russian Federation.
(in rev. Decrees of the Government of the Russian Federation dated 04.10.2012 N 1007)
(See text in previous edition)
Information on mandatory confirmation of conformity of goods is submitted in the manner and methods established by legislation of the Russian Federation on technical regulation, and includes information about the number of the document confirming such compliance, about the period his actions and the organization that issued him.
12. The offer of goods in its description, addressed to an indefinite circle of persons, is recognized as a public offer if it is sufficiently defined and contains all the essential terms of the contract.
The seller is obliged to conclude an agreement with any person who has expressed his intention to purchase the goods proposed in his description.
13. The seller is obliged to inform the buyer about the period during which the offer for the sale of goods by remote means is valid.
14. If the buyer sends a message to the seller about his intention to purchase the goods, the message must contain:
a) full company name (name) and address (location) of the seller, last name, first name, patronymic of the buyer or the person (recipient) indicated by him, the address to which the goods should be delivered;
b) name of the product, article number, brand, variety, number of items included in the package of the purchased product, price of the product;
c) type of service (when provided), time of its execution and cost;
d) obligations of the buyer.
15. The offer of the buyer to send the goods by post to the address "On Demand" can only be accepted with the consent of the seller.
16. The seller must ensure the confidentiality of personal data about the buyer in accordance with the legislation of the Russian Federation in the field of personal data.
17. An organization that sells goods remotely provides the buyer with catalogs, booklets, brochures, photographs or other information materials containing complete, reliable and accessible information that characterizes the goods offered.
18. The seller's obligations to transfer the goods and other obligations related to the transfer of goods arise from the moment the seller receives the relevant message from the buyer about the intention to conclude the contract.
19. The seller is not entitled to offer the consumer goods that are not specified in the initial offer of goods for sale.
It is not allowed to transfer goods to the consumer that do not comply with the preliminary agreement, if such transfer is accompanied by a requirement to pay for the goods.
20. The contract is considered concluded from the moment the seller issues to the buyer a cash or sales receipt or other document confirming payment for the goods, or from the moment the seller receives a message about the buyer's intention to purchase the goods.
When paying for goods by the buyer in a non-cash form or selling goods on credit (except for payment using bank payment cards), the seller is obliged to confirm the transfer of goods by drawing up an invoice or an act of delivery and acceptance of goods.
21. The buyer has the right to refuse the goods at any time before its transfer, and after the transfer of the goods - within 7 days.
If information on the procedure and terms for returning goods of good quality was not provided in writing at the time of delivery of the goods, the buyer has the right to refuse the goods within 3 months from the date of transfer of the goods.
Return of goods of proper quality is possible if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified goods are preserved. The buyer's lack of this document does not deprive him of the opportunity to refer to other evidence of the purchase of goods from this seller.
The buyer does not have the right to refuse goods of good quality, having individually defined properties, if the specified goods can be used exclusively by the consumer who purchases it.
If the buyer refuses the goods, the seller must return to him the amount paid by the buyer in accordance with the contract, with the exception of the seller's expenses for the delivery of the returned goods from the buyer, no later than 10 days from the date the buyer presents the relevant demand.
22. If the contract is concluded with the condition of delivery of the goods to the buyer, the seller is obliged to deliver the goods to the place indicated by the buyer within the period established by the contract, and if the place of delivery of the goods by the buyer is not indicated, then to the place of his residence.
To deliver the goods to the place specified by the buyer, the seller may use the services of third parties (with the obligatory informing the buyer about this).
23. The seller is obliged to transfer the goods to the buyer in the manner and terms established in the contract.
If the contract does not specify the delivery time of the goods and there is no way to determine this period, the goods must be transferred by the seller within a reasonable time.
An obligation that has not been fulfilled within a reasonable time, the seller must fulfill within 7 days from the date the buyer submits a demand for its fulfillment.
For violation by the seller of the terms for the transfer of goods to the buyer, the seller 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 due to his fault, the subsequent delivery is made within the new terms agreed with the seller, after the buyer re-pays the cost of services for the delivery of the goods.
25. The seller is obliged to transfer to the buyer the goods, the quality of which corresponds to the contract and the information provided to the buyer at the conclusion of the contract, as well as the information brought to his attention when transferring the goods (in the technical documentation attached to the goods, on labels, by marking or by other means provided for certain types 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 of the specific purposes of acquiring the goods, the seller is obliged to transfer to the buyer the goods suitable for use in accordance with these purposes.
Unless otherwise provided by the contract, the seller is obliged, simultaneously with the transfer of the goods, to transfer to the buyer the relevant accessories, as well as documents related to the goods (technical passport, quality certificate, operating instructions, etc.) provided for legislation Russian Federation.
26. The delivered goods are transferred to the buyer at the place of his residence or other address indicated by him, and in the absence of the buyer - to any person who has presented a receipt or other document confirming the conclusion of the contract or the registration of the delivery of the goods.
27. If the goods are transferred to the buyer in violation of the terms of the contract regarding the quantity, assortment, quality, completeness, container and (or) packaging of the goods, the buyer may, no later than 20 days after receiving the goods, notify the seller of these violations.
If defects are found in the goods for which no warranty or expiration dates have been established, the buyer has the right to make claims regarding defects in the goods within a reasonable time, but within 2 years from the date of its transfer to the buyer, if longer periods are not established_cc781905-5cde-3194- bb3b-136bad5cf58d_laws or by agreement.
The buyer also has the right to present claims to the seller regarding the defects of the goods if they are discovered during the warranty period or the expiration date.
28. The buyer, to whom goods of inadequate quality were sold, if this was not agreed by the seller, has the right, at his choice, to demand:
a) gratuitous elimination of defects in the goods or reimbursement of expenses for their correction by the buyer or a third party;
b) a proportional reduction in the purchase price;
c) replacement with a product of a similar brand (model, article) or the same product of another brand (model, article) with a corresponding recalculation of the purchase price. At the same time, in relation to technically complex and expensive goods, these requirements of the buyer are subject to satisfaction in case of detection of significant shortcomings.
29. The buyer instead of making the claims specified in paragraph 28 of these Rules, has the right to refuse to perform the contract and demand a refund of the amount paid for the goods. At the request of the seller and at his expense, the buyer must return the goods with defects.
The buyer also has the right to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality. Losses are reimbursed within the time limits set by law of the Russian Federation "On Consumer Protection" to meet the relevant requirements of the buyer.
30. If the seller refuses to transfer the goods, the buyer has the right to refuse to perform the contract and demand compensation for the losses caused.
31. When returning goods of inadequate quality, the buyer's lack of a document confirming the fact and conditions of the purchase of goods does not deprive him of the opportunity to refer to other evidence of the purchase of goods from the seller.
32. Information on the procedure and terms for the return of goods by the consumer must contain:
a) the address (location) of the seller to which the goods are returned;
b) the mode of operation of the seller;
c) the maximum period during which the goods can be returned to the seller, or the minimum period stipulated by paragraph 21 of these Rules;
d) a warning about the need to preserve the presentation, consumer properties of the goods of good quality until it is returned to the seller, as well as documents confirming the conclusion of the contract;
e) the term and procedure for the return of the amount paid by the buyer for the goods.
33. When the buyer returns goods of good quality, an invoice or an act on the return of goods is drawn up, which indicate:
a) the full company name (name) of the seller;
b) last name, first name, patronymic of the buyer;
c) product name;
d) the date of the conclusion of the contract and the transfer of goods;
e) the amount to be returned;
f) signatures of the seller and the buyer (representative of the buyer).
The seller's refusal or evasion from drawing up an invoice or act does not deprive the buyer of the right to demand the return of the goods and (or) the return of the amount paid by the buyer in accordance with the contract.
34. If the return of the amount paid by the buyer in accordance with the contract is not carried out simultaneously with the return of the goods by the buyer, the return of the specified amount is carried out by the seller with the consent of the buyer in one of the following ways:
a) in cash at the location of the seller;
b) by postal order;
c) by transferring the appropriate amount to the buyer's bank or other account specified by the buyer.
35. The seller bears the cost of returning the amount paid by the buyer in accordance with the contract.
36. Payment for the goods by the buyer by transferring funds to the account of a third party specified by the seller does not release the seller from the obligation to return the amount paid by the buyer when the buyer returns the goods, both of proper and inadequate quality.
37. Compliance with these Rules is monitored by the Federal service on Supervision of Consumer Protection and Human Welfare.
(Item 37 in rev. Decrees of the Government of the Russian Federation dated 04.10.2012 N 1007)