Retail, according to BEE, is “the last stage of trade in the sale of goods and the provision of services directly to the consumer in exchange for the money at his disposal. Levy M. and Weitz B.A. offer a slightly different definition: “Retail is a set of business activities that add value to goods and services sold to consumers and intended for personal or family use.

Peculiarities retail :

Sells goods in small quantities to the final buyer, which is the final stage of their movement from the sphere of production to the sphere of consumption;

Needs special retail premises, equipped and adapted to serve customers;

It is distinguished by a large territorial fragmentation of its network of shops, pavilions, tents, stalls and a variety of forms of private entrepreneurship;

It requires a lot of work on the formation of a trading range, taking into account the rapidly changing demand and desires of customers.

Retail trade in the form of a trading network is the most important part of the material and technical base of trade. It accounts for more than 70% of the value of all fixed assets of the industry. Ensuring a high level of organization of the retail trade network is an important condition for the growth of the economic efficiency of trade.

The level of organization and development of the retail trade network determines the quality of trade services for the population, the growth rate of trade turnover, the acceleration of turnover, and the profitability of trade enterprises. A trading enterprise is a property complex used by an organization for the sale and purchase of goods and the provision of trading services (the property complex includes: land plots, buildings, structures, equipment, inventory, goods, rights of claim, debts, company name, trademarks, etc.) .

The subject of retail is not only the sale of goods, but also trade services and the provision of additional services to customers. For buyers, the level of trade service determines the image of the enterprise, convenience and minimum costs time to make a purchase. The services provided are accompanied by the purchase of goods and, in addition, after-sales service of the sold goods. Consequently, The retail process consists of purposeful selling of goods, customer service, sales and after-sales services.

A trading company, entering the consumer market, where goods are sold in competition, must comply with certain rules, the main of which is: the better the opportunities and wishes of buyers are taken into account, the more goods can be sold and their turnover accelerated.

Having sold the goods and received a given profit, the trading enterprise achieves its goal .

The tasks of a retail trade enterprise can be :

Study of requests and needs for goods with a focus on purchasing power;

Expansion and updating of the trade assortment;

Development of new market segments;

Formation and regulation of the processes of supply, storage, preparation for sale and sale of goods in conjunction with the objectives of the trading enterprise;

Ensuring a given turnover of material and labor resources;

Ensuring sustainable competitive positions in the market;

Improvement of procurement activities, etc.

At the same time, special attention is paid to the interaction of a retail trade enterprise with manufacturers of goods and wholesalers. All these components together form a technological chain in the process of bringing products to the end customer.

Retail Functions determined by its essence and are as follows:

Meeting the needs of the population in goods;

Bringing goods to customers by organizing their spatial movement and supply to the points of sale;

Maintaining a balance between supply and demand;

Impact on production in order to expand the range and increase the volume of goods;

Improving trade technology and improving customer service.

There are certain differences in the content of the commercial activities of retailers and individual retailers. The latter not only implement the above functions to some extent, but also perform their own inherent functions, which can be divided into two groups:

1) In relation to suppliers (manufacturers, resellers):

Providing information on the structure and dynamics of demand, requests, unmet needs;

Providing suppliers with the sale of their goods;

Implementation of activities to promote goods;

Acceptance of risk in connection with possible theft, damage, obsolescence of goods;

Financing (purchase on a prepaid basis.

2) In relation to end customers:

Formation of the trade assortment, expansion and updating it, taking into account changes in demand;

Development and implementation pricing policy;

Implementation of measures to stimulate the sale of goods;

Ensuring an attractive design, store atmosphere, convenient layout of retail space for shopping and providing services;

Customer service, provision of pre-sales and after-sales services;

Providing buyers with information, demonstration of goods, assistance in choosing the right product, advising on the correct use of the product;

Warehousing, storage, packaging, packaging of goods;

Ensuring the stability of the trading assortment.

There is another approach to systematizing the functions of retail enterprises. At the same time, they distinguish:

1) Trading functions:

Study of consumer demand for goods;

Formation and management of the trade assortment;

Inventory management;

Search and selection of suppliers, organization of the order and delivery of goods;

Planning the volume of sales and purchases of goods;

Organization of promotion of goods;

Sale of goods, customer service.

2)Technological features:

Acceptance of incoming goods in terms of quantity and quality;

Organization of storage of goods;

Performing operations related to the production improvement of goods (packing, packaging, labeling, etc.);

Timely delivery of goods to the trading floor, their display on commercial equipment;

Making payments to customers.

Retailing refers to the sale of a small number of goods or services. The sale of goods occurs through a network of specialized enterprises that sell goods by the piece. The seller is the subject and the buyer is the object. It doesn't matter if he buys a product or service for personal use or for subsequent resale.

History of retail sales in Russia

Even in ancient times, goods and services were exchanged between people. Retail sales originate from trade in the squares. Subsequently, markets were organized for this purpose. AT pre-revolutionary Russia trade was very well placed. Merchants supplied the population with a wide variety of goods, both domestic and foreign.

All merchants united in guilds depending on the volume of trade turnover. Members of the lowest, third guild sold goods worth up to 5 thousand rubles a year. Annual turnover representative of the second guild was limited to the amount of one hundred thousand. And the richest merchants belonged to the highest, first guild and sold goods for more than a hundred thousand rubles a year.

Retail sales at the present stage

AT modern Russia legal relations between the buyer and the seller are formed on the basis of the provisions of the Law "On Protection of Consumer Rights". Also, a number of federal laws define the concept and designate the principles of retail sales. Russian is ranked eighth in the world in terms of sales and accounts for about two percent of goods and services produced on the world market.

What are the features of retail sales?

In the process of selling a product at retail, its value increases significantly. Since the maintenance of enterprises through which the sale takes place is quite expensive. They must have a certain sales area, staff of sellers, an extensive range of goods. These are included in the price of the goods. Apart from this, the merchant must receive from each transaction. Therefore, for each position, or is established, designed to cover and ensure income. Its average size ranges from twenty to thirty percent.

In most cases, trading companies use cash registers. For each transaction, they print two checks (one for the buyer and one for the seller).

The cash receipt must contain the following information:

• the name of the trading company;
• the price of a good or service;
• the amount of VAT and the size of the tax rate;
• transaction date and time.

It also contains a list of purchased items. If this is not indicated on the check, then the buyer may require an invoice or invoice that contains a complete list of purchases.

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Retailing refers to any activity that sells goods or services directly to final consumers for their personal non-commercial use.

Retail trade enterprises can be classified according to such criteria as product specialization, forms of service, types and price levels, the composition of the contingent of consumers served, the nature of the location, etc.

By product specialization, there are:

1) mixed enterprises trading in both food and non-food products;

2) specialized, the assortment of which consists of goods of one commodity group;

3) highly specialized, their range includes separate subgroups commodity groups;

4) combined, selling goods of several groups related in their consumer purpose;

5) universal, having the maximum a wide range commodity groups (department stores, supermarkets, hypermarkets).

According to the forms of service, self-service enterprises, service through the counter, through catalogs, by mail, and various combinations of these methods are distinguished.

According to their functional features, enterprises can be divided into stationary, mobile, seasonal, parcel, commission.

According to the types and features of the device, enterprises are divided into shops, warehouse stores, pavilions, tents, auto shops, etc.

Classification by price level is caused by a sharp differentiation in the monetary incomes of the population, therefore the behavior of the pricing policy is aimed at a certain group of buyers:

- enterprises with a fairly low level of prices, serving a wide variety of consumer groups;

- enterprises with an average price level serving a wide variety of consumer groups;

- enterprises with the highest level of prices for goods sold and the corresponding level of service for buyers with high income levels.

By the nature of the location, enterprises are distinguished located in places of citywide significance, at railway stations, in a place of rest, etc.

Depending on the predominant contingent of consumers served, enterprises for children, women, youth and enterprises that reflect any interest of buyers (“Gardener”, “Hunting”, etc.) are singled out.

AT modern conditions new forms of retailing are emerging: the emergence of specialty stores, sale at a discount from the price, non-store trade and consolidated trade.

Demographic changes have led to market fragmentation, with consumers preferring brand names and a large selection of specialty stores. In this regard, specialty retailing is emerging, in which stores offer a limited number of product ranges with great depth.

Great attention to the quality of goods led to the emergence of trade with discounts from the price, in which well-known brands are offered at significantly lower prices.

AT recent times there has been an increasing trend towards out-of-store sales, which means any method of selling to the end consumer outside of the store (catalogue sales, at customers' homes, vending machines, telephone or computer systems).

Limited population growth means fewer buyers in the long run; Smaller and more specialized stores need to be created to meet the needs of more discerning and wealthier consumers. Consolidated retail allows you to reduce the number of product groups and slow down the expansion of the network of new stores.

Retail stores can be divided into non-food and food stores, which are grouped depending on the level of service, prices, variety of product ranges and depth of assortment, as well as the size of the store (Table 16)

Table 16

Types of Non-Food and Food Stores

Developing a retail strategy involves the following steps:

1. Identification of opportunities in the retail environment. This applies to factors related to consumers, competition, technology, government regulation, ecology and the state of the economy.

2. Formulating retail goals. Should be broad enough to define the company's strategy in the form of a mission statement, and specific enough to measure store performance.

3. Development of retail strategies. First of all, strategies are developed at the corporate level (if this applies to large retailers), then specific strategies at the store level.

4. Identification of target segments and positioning of stores. It is necessary to take into account the demographic criteria and lifestyle characteristics of buyers.

5. Evaluation and control. Company-level performance is assessed by comparing results against forecasted sales and ROI. At the store level, actual and projected sales figures are compared for each of the departments and product range. Control problems are associated with product losses, use retail space, under-turnover and excess goods.

Retail purchase and sale is the most common and significant contract for economic life. Numerous transactions retail purchase and sale committed daily, forming a retail trade turnover, undoubtedly, are the most important tool for the formation and development of the consumer goods market. These circumstances explain the close attention of the legislator to this type of contract of sale.

This, in part, explains the fact that the provisions of § 2 Ch. 30 CC Civil Code Russian Federation(part two) dated 01.26.1996 No. 14-FZ (as amended by the Federal Law dated 01.26.2007 No. 5-FZ) // Collection of Legislation of the Russian Federation, 01.29.1996, No. 5, art. 410. The rules are basically binding and aimed primarily at safeguarding the interests of consumers.

In article 492 of the Civil Code of the Russian Federation, for the first time in Russian legislation, the definition of a retail sale contract is fixed. Retail sale and purchase is also regulated by the Consumer Rights Protection Law insofar as it is not regulated by the Civil Code (clause 2 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated September 29, 1994 No. 7 “On the practice of considering cases on consumer protection by courts Resolution of the Plenum of the Supreme Court of the Russian Federation dated September 29 .1994 No. 7 “On the practice of court consideration of cases on consumer protection” (as amended by the Resolution of the Plenum of the Supreme Court of the Russian Federation of 02/06/2007) // Russian newspaper, No. 230, 11/26/1994.").

The retail sale contract has a number of qualifying features that are unique to this type of contract.

First of all, the subject composition of this agreement differs in specifics. On the side of the seller, there is always a legal entity or a citizen engaged in the sale of goods at retail (by the piece or in small quantities). This activity of the seller is entrepreneurial in nature (Article 2 of the Civil Code).

Any entity can be a buyer civil law, i.e. any natural or legal person who purchases a product from a retailer trade organization or a citizen-entrepreneur engaged in retail trade.

A specific feature of the retail sale contract is the intended purpose of the purchase. Under this agreement, the buyer acquires such goods that are suitable for personal, family, home or other use not related to entrepreneurial activity.

Such a product, according to its purpose, may be intended to satisfy the personal, family or household (i.e. household) needs of the buyer (such as clothing, toys, electrical appliances). The goods transferred under the retail sale and purchase agreement may also have production purpose, but must be acquired for non-business purposes. The goods of the second group include home computers and office equipment, different kinds construction and gardening equipment used by citizens, respectively, in the self-construction of houses and in individual garden plots.

At the same time, purposes not related to personal use are understood, among other things, as the purchase by the buyer of goods to ensure his activities as an organization or a citizen-entrepreneur (office equipment, office furniture, Vehicle, materials for repair work etc.).

But if these goods are purchased from a seller who meets the requirements of Article 492 of the Civil Code of the Russian Federation, the relations of the parties are governed by the rules of retail sale and purchase. Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated October 22, 1997 No. 18 "On some issues related to the application of the provisions of the Civil Code of the Russian Federation on the supply contract" // Economics and Life, No. 6, 1998 ..

With regard to a number of goods restricted in circulation, but subject to sale through retail trading network, legislation establishes special requirements for buyers (for example, for the purchase of weapons).

The specifics of the retail sale and purchase agreement is its publicity (Article 426 of the Civil Code). The seller is obliged to carry out retail activities in relation to everyone who contacts him. The seller is not entitled to refuse to conclude a contract if the relevant goods are available for sale or to give preference to one person over another in relation to the conclusion of a retail sale contract. The last rule does not apply to cases when a different procedure for servicing the population is established by law or other legal acts. trade enterprises(for example, certain categories of citizens have the right to service out of turn).

The publicity of the contract also means that the price of the goods, as well as other conditions of sale and purchase, must be the same for all consumers (with the exception of cases where the law or other legal acts provide benefits to certain categories of consumers). Violation of the above rule is a violation of the law and leads to the recognition of the retail sale and purchase agreement as invalid (Article 168 of the Civil Code).

If the seller evades the conclusion of the retail sale contract, the buyer has the right to apply to the court with a demand to compel the conclusion of the contract. In this case, the seller, who unreasonably evaded the conclusion of a retail sale contract, is obliged to compensate the buyer for the losses incurred.

As a rule, a retail sale and purchase agreement acts as an accession agreement (Article 428 of the Civil Code).

Legal regulation certain types The retail sale contract differs depending on whether a legal entity or an individual acts as a buyer. Since one of the parties to the retail sale and purchase agreement is an entrepreneur carrying out professional activity for the sale of goods at retail, economically weaker citizen buyers (consumers) need additional protection.

Paragraph 3 of Art. 492 of the Civil Code provides that relations under a retail sale and purchase agreement with the participation of a citizen buyer not regulated by this Code are subject to the Law on the Protection of Consumer Rights and other legal acts adopted in accordance with it. When part two of the Civil Code was put into effect, it was provided that in cases where one of the parties to the obligation is a citizen using, acquiring, ordering or intending to purchase or order goods (works, services) for personal household needs, such a citizen enjoys the rights parties to an obligation in accordance with the Civil Code, as well as the rights granted to a citizen-consumer by the Law on the Protection of Consumer Rights and other legal acts issued in accordance with it (Article 9 of the Federal Law of January 26, 1996 "On the Enactment of Part Two Civil Code Russian Federation the federal law of the Russian Federation dated 01.26.1996 No. 15-FZ "On the Enactment of Part Two of the Civil Code of the Russian Federation" (as amended by the Federal Law of 11.26.2001 No. 147-FZ) // Collection of Legislation of the Russian Federation, 01.29.1996, No. 5, Art. 411.".

The Consumer Rights Protection Law and a number of other special laws in this area are in force to the extent that they do not contradict the Civil Code. In addition, the scope of this Law in the field of retail trade is limited to cases where the buyer under the contract is a citizen who purchases goods exclusively for personal (domestic) needs. At the same time, the Law is valid: a) when its application is directly provided for by the norms of the Civil Code, or b) when the Law, even in the absence of special references to it, specifies the general norms of the Civil Code, c) if the Civil Code does not regulate the relevant relations, or d) the law contains other rules than Civil Code when it is expressly allowed by the Civil Code (Resolution of the Plenum of the Supreme Court of the Russian Federation No. 7).

The Government of the Russian Federation has the right to issue rules binding on the parties when concluding and executing a contract. For the sale of certain types of goods, by-laws establish special rules. Currently, one of the main acts of this kind are the Rules for the sale of certain types of goods, approved by Decree of the Government of the Russian Federation of January 19, 1998 No. 55 Decree of the Government of the Russian Federation of January 19, 1998 No. use, which are not subject to the buyer's requirement to provide him free of charge for the period of repair or replacement of a similar product, and a list non-food items of proper quality, not subject to return or exchange for a similar product of a different size, shape, size, style, color or configuration ”(as amended by Decree of the Government of the Russian Federation of 03/27/2007 No. 185) // Rossiyskaya Gazeta, No. 21, 04.02.1998. .

Within the meaning of Article 493 of the Civil Code of the Russian Federation, a cash or sales receipt, another document confirming the fact of payment for the goods, certifies, firstly, the fact of the conclusion of a retail sale and purchase agreement, and secondly, the moment of conclusion of the corresponding agreement.

The moment of concluding a retail sale and purchase agreement is associated not with the time the parties reach an agreement on all its significant issues (Article 432 of the Civil Code), but with the issuance of a document confirming payment for the goods.

The form required for the contract is observed from the moment of issuing the payment documents to the buyer. Specified documents also serve as proof of payment for the goods.

Cash settlements with the population in the course of trade operations on the territory of the Russian Federation are carried out according to general rule, organizations, enterprises, institutions, their branches and other separate divisions, as well as individuals implementing entrepreneurial activity without education legal entity With mandatory application cash registers Federal Law of the Russian Federation dated May 22, 2003 No. 54-FZ “On the Application cash register equipment when making cash settlements and (or) settlements using payment cards” // Collection of Legislation of the Russian Federation, 26.05.2003, No. 21, Art. 1957..

The issuance of a payment document (cash or sales receipt, other document) does not determine the form of the contract in question. The form of the contract of retail sale is subject to the norms of Art. Art. 159 - 161 of the Civil Code.

The form of the contract is recognized as appropriate for a specific retail sale contract, depending on the moment at which this contract was executed.

In the event of the execution of a retail sale and purchase agreement between the seller (legal entity or individual entrepreneur) and the buyer (individual or legal entity) at the time of its completion, an oral form of the contract is allowed. Such an agreement can also be concluded by performing conclusive actions (clause 2, article 158).

The last case occurs when the buyer, having selected the product, pays for it at the cash desk. At the same time, the cashier acting on behalf of the seller as a party to the contract may not know what goods and under what conditions (in what quantity, assortment, in what packaging, etc.) the buyer intends to purchase, who named total amount purchases. By performing conclusive actions, contracts for the retail purchase and sale of goods using vending machines are concluded (Article 498 of the Civil Code).

The rest of the retail purchase and sale transactions must be clothed in a simple written form. This includes transactions, the execution and execution of which do not coincide in time.

Contracts of sale on credit are always concluded in writing, according to which only part of the price is paid upon transfer of the goods, and the rest - within the time period established by the agreement after the transfer by separate payments.

Since in contracts for the sale of goods according to samples (Article 497 of the Civil Code), the moment of conclusion of the contract and the moment of its execution, as a rule, do not coincide in time, by virtue of Art. 161 of the Civil Code, a simple written form is required for them.

In a simple written form, the contract is also concluded in the case of the conclusion of a retail sale contract by joining the buyer to the terms of the forms or other standard forms offered by the seller.

Within the meaning of Article 493 of the Civil Code of the Russian Federation, the fact and moment of concluding a retail sale and purchase agreement in the proper form is associated with the issuance of a check or other document confirming payment for the goods. From the same moment, a simple written form of the contract can be considered respected.

Failure to comply with a simple written form of a retail sale contract, as a general rule, deprives the seller of the right to refer to witness testimony (paragraph 1 of article 162 of the Civil Code).

A cash or sales receipt, another document confirming the fact of payment for the goods, certifies the fact of purchase.

However, the buyer's lack of a sales receipt or other corresponding document cannot in itself serve as a basis for refusing to protect his rights. The buyer (individual or legal entity) in all cases has the right to prove the fact of purchase, as well as the conditions on which the contract was concluded, including the price of the goods, with the help of witness testimony (Article 159 of the Civil Code) (see Decree of the Plenum of the Armed Forces of the Russian Federation No. 7 ).

The law or the contract may provide for other rules on the proper form of the retail sale contract. Thus, the Rules for the distribution of printed periodicals by subscription (approved by Decree of the Government of the Russian Federation of November 1, 2001 No. 759 Decree of the Government of the Russian Federation of November 1, 2001 No. 759 "On approval of the rules for the distribution of periodicals by subscription" // Rossiyskaya Gazeta, No. 218 - 219, 06.11.2001.) it is stipulated that the document issued to the subscriber must contain the details of the distributor, certify, in addition to payment, the fact and term of the subscription, the name of the periodical printed edition, his zip code, pickup address, subscriber's last name, and subscription price.

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Features of the retail sale contract

Retail sales contract defined in Art. 492 of the Civil Code as an obligation under which the seller, carrying out entrepreneurial activities in the sale of goods at retail, undertakes to transfer to the buyer goods intended for personal, family, home or other use not related to entrepreneurial activity.

The buyers under this agreement are mainly citizens, but they can also be legal entities, including commercial organizations, provided that they do not purchase goods for profit.

The retail sale contract is one of the public contracts. This means that it must be concluded with everyone who contacts the retailer under the same conditions.

A feature of this agreement is that it is concluded with the help of a public offer, i.e. proposals to conclude an agreement addressed to an indefinite circle of persons. In particular, a public offer includes the display of goods at the point of sale, the demonstration of their samples or the provision of information about the goods sold (descriptions, catalogs, photographs).
etc.). These actions are recognized as a public offer, regardless of whether the price and other essential conditions retail sales contracts. The exception is cases where the seller has clearly determined that the relevant goods are not for sale (for example, goods displayed in a store window indicate that they are samples and are not for sale).

From Art. 493 of the Civil Code of the Russian Federation, it follows that a retail sale and purchase agreement, as a rule, is considered concluded in the proper form from the moment the seller issues a cash or sales receipt or other document confirming payment for the goods to the buyer. However, this does not mean that the mentioned documents can be considered as a kind of written form of the contract - they only confirm the fact that the contract was concluded orally.

Since in most cases a retail sale contract is concluded and executed at the same time, the oral form is usually used. At the same time, the absence of a cash or sales receipt or other document confirming payment for the goods by the buyer does not in itself deprive him of the opportunity to refer to witness testimony in support of the conclusion of the contract and its terms. Witness testimony is evaluated by the court in conjunction with all the evidence collected in the case.

A feature of the conclusion of a contract of sale is that it can be concluded by performing conclusive actions, i.e. behavior, from which the will of the person to make a transaction is clear (clause 2, article 158 of the Civil Code of the Russian Federation). We are talking, in particular, about the sale of goods using vending machines. When making such transactions, the owner of the vending machines is obliged to bring to the buyers information about the seller of goods by placing on the vending machine or providing the buyers in another way with information about the name (company name) of the seller, its location, mode of operation, as well as about the actions that need to be performed by the buyer to receive goods. The contract is considered concluded from the moment the buyer performs the actions necessary to receive the goods (for example, lowering a token or coin into the machine).

The main obligation of the seller under the retail sale contract is to transfer the goods to the buyer immediately after payment in trading floor, however, it is possible to conclude an agreement with the condition of delivery of the goods. In this case, the seller is obliged to deliver the goods within the time period established by the contract to the place indicated by the buyer, and if it is not indicated, to the place of residence of the citizen or the location of the legal entity who are the buyers. In this case, the retail sale contract is considered to be executed from the moment the goods are handed over to the buyer, and in his absence - to any person who has presented a receipt or other document indicating the conclusion of the contract or the execution of the delivery of goods, unless otherwise provided by law, other legal acts or contract or does not follow from the essence of the obligation (Article 499 of the Civil Code of the Russian Federation).

Under a retail sale and purchase agreement, the seller is obliged to provide the buyer with the necessary and reliable information about the product offered for sale (clause 1
Art. 495 of the Civil Code of the Russian Federation). it general position specified in the Law "On Protection of Consumer Rights", according to Art. 7–9 of which the seller, as well as the manufacturer of the relevant product, are obliged to provide the necessary and reliable information about the name and ownership of their enterprise, price, consumer properties of the product, conditions for its purchase, rules and methods of use and storage, warranty obligations and the procedure for making claims. The seller is also obliged to inform the consumer about the mode of operation and the rules for trading in the goods that he sells.

An essential condition for retail sale and purchase is the same price for all buyers. It must be declared by the seller at the time of the conclusion of the retail sale contract.

In the case when the retail sale and purchase agreement provides for advance payment for goods (Article 487 of the Civil Code of the Russian Federation), non-payment by the buyer of the goods within the period established by the agreement is recognized as his refusal to fulfill the contract, unless otherwise provided by agreement of the parties (clause 2 of Article 550 of the Civil Code of the Russian Federation ).

Since a retail sale contract is usually concluded and executed at the same time, the main obligation of the buyer to pay for the goods is fulfilled directly at the conclusion of the contract. However, in certain varieties of the contract of sale, the moments of conclusion and execution of the contract do not coincide (contracts with the condition of advance payment, purchase and sale on credit). In such contracts, the obligation of the buyer to pay for the purchased goods becomes essential.

In contracts with the condition of advance payment, non-payment by the buyer of the goods is regarded as his refusal to perform the contract without applying the consequences in the form of compensation for losses.

If the buyer fails to pay for goods sold to him on credit, there is no obligation for the buyer to pay interest for the unlawful use of other people's money.

Under a retail sale and purchase agreement, the buyer has the right, within fourteen days from the date of transfer of the non-food product to him, unless a longer period is declared by the seller, to exchange the purchased product at the place of purchase and other places declared by the seller, for a similar product of a different size, shape, dimensions, style, color or configuration, having made the necessary recalculation with the seller in the event of a difference in price (clause 1, article 502 of the Civil Code of the Russian Federation).

If the seller does not have the goods necessary for the exchange, the buyer has the right to return the purchased goods to the seller and receive the amount of money paid for it.

The buyer's demand for an exchange or return of the goods is subject to satisfaction if the goods were not in use, their consumer properties are preserved and there is evidence of their purchase from this seller.

The sale of goods by samples is regulated in a special way. Samples are understood not only as standards of products that determine the requirements for their quality, but also the products themselves, exhibited at the point of sale, but not intended for transfer to the buyer. In addition, the description of the product, its catalog, etc. are considered as a sample. (Clause 1, Article 497 of the Civil Code of the Russian Federation).

Unlike other retail sales contracts, in this case, the moment of conclusion and the moment of execution of the contract do not coincide, and the transfer of goods is not carried out at the place of sale. Unless otherwise provided by law, other legal acts or the contract, the moment of execution of this contract is the moment of delivery of the goods to the place specified in the contract, and if it is not specified in the contract - to the place of residence of the buyer-citizen or to the location of the legal entity - the buyer.

The buyer has the right to terminate an already concluded contract unilaterally without going to court, subject to reimbursement to the seller of the necessary expenses incurred in connection with the performance of the contract.

The rules for the sale of goods by samples specify the procedure for their sale. In particular, in an organization that sells goods by samples, premises must be allocated for demonstrating samples of goods offered for sale.

Samples of goods that require buyers to familiarize themselves with their device and operation are demonstrated in the presence of a sales assistant in an assembled, technically sound condition, without external damage. Products of audio and video equipment, musical goods, photo and film equipment, watches, Appliances and other products that do not require special equipment for connection and commissioning are shown in working order.

With regard to goods that are dangerous to the life and health of citizens, the Law "On Protection of Consumer Rights" (Article 7) provides for the application of a number of special measures aimed at preventing harm.

Requirements that ensure safety for life and health are mandatory and must be established in standards, and for certain types of goods - in legislative acts. The manufacturer is obliged to develop and the seller to inform the consumer about special rules for the use, transportation or storage of goods, if this is necessary for his safety.

Goods, in the standards for which safety requirements are established, are subject to mandatory certification. Their sale and import without a certificate is prohibited. If during the operation or storage of goods it is established that they cause or may cause harm to the life, health or property of citizens, the manufacturer is obliged to suspend their production, and the seller - the sale until the causes of harm are eliminated, and, if necessary, take measures to withdraw them. from circulation and feedback from consumers.

Violation of the rights of the buyer entails not only property liability, but also compensation for moral damage, which is expressed in physical and (or) moral suffering caused by non-performance or improper performance of the retail sale contract.

Art. 15 of the Law "On Protection of Consumer Rights" establishes that the moral harm caused to the consumer as a result of a violation by the manufacturer (executor, seller) of his rights provided for by the legislation on the protection of consumer rights is subject to compensation by the tortfeasor if he is guilty.