Rules for the sale of goods remotely

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

ABOUT THE APPROVAL OF THE RULES

List of changing documents

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

Approve the attached Rules for the sale of goods remotely.

REGULATIONS

REMOTE SALES OF GOODS

List of changing documents

(as amended by Decree of the Government of the Russian Federation of 04.10.2012 N 1007)

1. These Rules, which establish the procedure for the sale of goods by remote means, regulate the relationship between the buyer and the seller in the sale of goods by remote means 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 telecommunications 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.

(as amended by Decree of the Government of the Russian Federation of 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 by the legislation of the Russian Federation.

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 the goods, their delivery, service life, shelf life and warranty period, the procedure for payment 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 the 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;

(clause "g" as amended by Decree of the Government of the Russian Federation of 04.10.2012 N 1007)

h) information on the mandatory confirmation of the compliance 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 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 it matters 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 in respect of which the requirement for the availability of such information is determined in accordance with the legislation of the Russian Federation on energy saving and on increasing energy efficiency.

(paragraph "m" was introduced by Decree of the Government of the Russian Federation of 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.

(as amended by Decree of the Government of the Russian Federation of 04.10.2012 N 1007)

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

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 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 (with the exception of 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 shall be 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, 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 about 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 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 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 in the goods are found, in respect of 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, unless longer periods are established by laws or the contract.

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 presenting the requirements specified in paragraph 28 of these Rules, has the right to refuse to perform the contract and demand the return 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 established by the Law of the Russian Federation "On Protection of Consumer Rights" 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 specified in 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. Control over compliance with these Rules is carried out by the Federal Service for Supervision of Consumer Rights Protection and Human Welfare.

(clause 37 as amended by Decree of the Government of the Russian Federation of 04.10.2012 N 1007)

Prime Minister

Russian Federation

Approved

Government Decree

Russian Federation

This article will focus on the legal acts that establish the procedure for the sale of goods remotely and regulate the relationship between the buyer and the seller when selling goods remotely and providing relevant services in connection with such a sale.

background

One of the distinguishing characteristics of modern relations in the consumer market is that an increasing number of buyers purchase goods bypassing shopping trips. This is due to various factors. One of them is the rapid spread of the Internet. Such a sale of goods is called remote.

Previously, in Russian legislation, the remote method of selling goods was mentioned only in Art. 497 of the Civil Code of the Russian Federation. It was mentioned, since part 2 of the said norm of civil law only provided for "the possibility of concluding a retail sale and purchase agreement on the basis of familiarization of the buyer with the description of the goods, the catalog of goods, etc." There were no special rules regulating the relations of participants in such a transaction or establishing special rules for it in Russian legislation.

The necessary measures for the legal regulation of relations arising in the process of the remote method of selling goods were taken by legislators in 2004 with the adoption of the Federal Law of December 21, 2004 N 171-ФЗ "On Amendments to the Law of the Russian Federation" declaring invalid paragraph 28 of Article 1 of the Federal Law of the Russian Federation "On the Introduction of Amendments and Additions to the Law of the Russian Federation "On Protection of Consumer Rights" (hereinafter - Law N 171-FZ).

Norms of the Law "On Protection of Consumer Rights"

Paragraph 22 of Art. 1 of Law N 171-FZ, the second chapter of the Law of the Russian Federation of 02/07/1992 N 2300-1 "On Protection of Consumer Rights" is supplemented by Art. 26.1 "Remote method of selling goods". In this norm, for the first time, the legislator gave a definition of this method of selling goods. He pointed out that a retail sale contract can be concluded on the basis of familiarization of the consumer with the description of the goods proposed by the seller, contained, for example, in catalogs, brochures, booklets, presented in photographs, by means of communication (television, postal, radio communication, etc.).

In Art. 26.1 of the Law "On Protection of Consumer Rights" refers to the possibility of concluding a retail sale contract on certain conditions that distinguish this method of selling goods from others provided for by law.

A significant difference between the remote method of selling goods from other methods of retail trade is the impossibility of directly familiarizing the consumer with the product or its sample.

The Law "On Protection of Consumer Rights" establishes the main obligations of the seller in the remote method of selling goods.

Before the conclusion of the contract, the seller must provide the consumer with information about the main consumer properties of the goods. Such information includes:

Address (location) of the seller;

Place of manufacture of goods;

Full company name (name) of the seller (manufacturer);

Price and conditions for the purchase of goods;

The period during which the offer to conclude a contract is valid, etc.

At the time of delivery, the seller must provide the consumer with the following information about the product in writing:

Name of the technical regulation;

Information about the main consumer properties of the goods;

Price in rubles and conditions for the purchase of goods;

Warranty period, rules and conditions for the efficient and safe use of goods, etc.

The seller is also obliged to provide the consumer with information on the procedure and terms for returning the goods.

In this case, the consumer is given the right to refuse the goods at any time before its transfer, and after the transfer of the goods - within seven days. This period may increase to three months if information on the procedure and terms for returning goods of good quality was not provided to the buyer in writing at the time of delivery of the goods.

The legislator defines the conditions for the return of goods of good quality by the buyer. This is possible only if its presentation, consumer properties of the goods, as well as a document confirming the fact and conditions of purchase of the specified goods are preserved.

However, the absence of such a document from the consumer does not deprive him of the opportunity to refer to other evidence of the purchase of goods from this seller. This is a significant step on the part of the legislator towards protecting the interests of consumers.

The use by the legislator of such a concept as "other evidence" allows the buyer, if necessary, to use the provisions of Ch. 6 of the Civil Procedure Code of the Russian Federation (CPC RF).

According to the requirements of Art. 55 of the Code of Civil Procedure of the Russian Federation, evidence in a case is information about the facts, on the basis of which the court establishes the presence or absence of circumstances that are important for the correct consideration and resolution of the case. At the same time, such information can be obtained from the explanations of the parties and third parties, the testimony of witnesses, written and material evidence, audio and video recordings, expert opinions.

Another circumstance that makes it impossible for the buyer to return goods of good quality is the presence of individually defined properties in this product and the impossibility of using this product by other consumers.

For example, if the buyer has purchased remotely custom-made kitchen furniture that matches the layout of his apartment, the seller has the right to refuse to accept such goods from the buyer.

The procedure for returning goods is defined in the Law "On Protection of Consumer Rights" as follows: if the consumer refuses the goods, the seller must return to him the amount of money paid by the consumer under the contract, with the exception of the seller's expenses for the delivery of the returned goods from the consumer, no later than 10 days from date of presentation by the consumer of the corresponding demand.

According to paragraph 5 of the article under consideration. 26.1 of the Law "On Protection of Consumer Rights" in the event that the goods sold remotely turn out to be of poor quality, the consequences provided for in Art. Art. 18 - 24 of the Law "On Protection of Consumer Rights", i.e. as in the normal way of selling.

On amendments to the Civil Code of the Russian Federation

Until recently, legal relations arising in the process of selling goods remotely were regulated only by the norms of the Law "On Protection of Consumer Rights". As noted earlier, in the Civil Code of the Russian Federation, these issues are reflected only in Art. 497, and even then in a rather abbreviated form. This provision refers only to the possibility of concluding a contract of retail sale on the basis of familiarization of the buyer with the description of the goods, the catalog of goods or in another similar way.

On October 25, 2007, Federal Law No. 234-FZ "On Amendments to the Law of the Russian Federation "On Protection of Consumer Rights" and Part Two of the Civil Code of the Russian Federation" was adopted.

After the entry into force of Law N 234-FZ Art. 497 of the Civil Code of the Russian Federation will be presented in a different edition:

The very name of this rule has changed. In addition to the sale of goods by samples, it also mentions the remote method of selling goods;

Part 2 of the article defines the remote method of selling goods;

Parts 3 and 4 of this norm establish the main legal relations arising from the sale of goods according to samples or remotely.

About the Rules for the sale of goods remotely

In pursuance of the provisions of the Law "On Protection of Consumer Rights", Decree of the Government of the Russian Federation of September 27, 2007 N 612 approved the Rules for the sale of goods by remote means (hereinafter referred to as the Rules).

The buyer of goods in the case of a remote method of sale in accordance with these Rules is a citizen who intends to order or purchase or ordering, acquiring or using goods exclusively for personal, family, household and other needs not related to business activities.

In turn, only an organization, regardless of its organizational and legal form, or an individual entrepreneur selling goods remotely can be a seller with a remote method of sale.

Note! According to the Rules, one of the parties to a "remote trade transaction" is the buyer. The Law "On Protection of Consumer Rights" uses a different term - "consumer". The law regulates relations that arise not only in the sale and purchase of goods, but also in the performance of work and the provision of services. For this reason, in the Rules for the sale of goods by remote means, one of the subjects of regulated relations is the buyer.

The rules for selling goods remotely impose certain requirements not only on the seller, but also on the buyer.

So, in accordance with the provisions of clause 14 of the Rules, the buyer's message about his intention to purchase the goods must contain the following information:

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.

At the same time, it should be taken into account that the offer of the buyer to send the goods by post to the address "On Demand" can be accepted only with the consent of the seller.

In turn, the seller, to whom the buyer indicated information about his personal data in a message of intent to purchase the goods, must ensure their confidentiality.

The rules for the sale of goods by remote means, as well as the relevant provisions of the Law "On the Protection of Consumer Rights", expressly indicate that the provisions of the retail sale contract concluded under certain conditions should apply to the relations arising from this.

What products are prohibited from selling remotely

Art. 26.1 of the Law "On Protection of Consumer Rights" does not directly establish any restrictions on the list of goods that can be sold through distance sales.

Clause 5 of the Rules for the sale of goods by remote means indicates quite clearly which goods are prohibited from selling:

Alcoholic products (the definition is given in paragraph 7 of article 2 of the Federal Law of November 22, 1995 N 171-FZ);

Goods, the free sale of which is prohibited or restricted by the legislation of the Russian Federation.

Note! The current legislation of the Russian Federation includes, in particular, all types of firearms and ammunition for them, cold and throwing weapons, medicines, psychotropic substances and narcotic drugs, tobacco products as goods whose free sale is prohibited or restricted.

Thus, from the point of view of the Law, the sale of medicines through the so-called Internet pharmacies is doubtful.

Are the Rules for the sale of goods remotely applicable to other relationships?

The sale of goods remotely, as well as the services provided by the seller, are to some extent similar to other methods of selling goods. For this reason, the legislator was forced to indicate in the approved Rules that they do not apply to the sale of goods using automatic machines, as well as sales contracts concluded at auction.

These Rules do not apply to works performed or services rendered. The only exceptions are works (services) performed (rendered) by the seller in connection with the sale of goods remotely.

These include services for the delivery of goods by sending them by post or transportation, which, in accordance with the provisions of clause 3 of the Rules, the seller is obliged to offer to the buyer, indicating the mandatory method of delivery and mode of transport used. However, the seller is not entitled to perform additional work (render services) for a fee without the consent of the buyer. The buyer, in turn, 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.

Product information

The goods purchased by the buyer could be in use or a defect was eliminated in it. In this case, the buyer must be provided with information about this.

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

Contract for the sale of goods remotely

In accordance with paragraph 12 of the Rules for the sale of goods by remote means, reflecting the main provisions of paragraph 2 of Art. 492 and paragraph 1 of Art. 494 of the Civil Code of the Russian Federation, the offer of a product in its description, addressed to an indefinite circle of persons, is recognized as a public offer if it is sufficiently specific and contains all the essential terms of the contract.

At the same time, the seller is obliged to conclude an agreement with any person who has expressed his intention to purchase the goods offered in his description, and inform the buyer about the period during which the offer to sell the goods remotely is valid.

The moment of concluding an agreement for the retail purchase and sale of goods remotely in accordance with the Rules is determined as follows: such an agreement is considered concluded from the moment the seller issues 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 .

If the buyer does not have these documents under such an agreement, he can use the general provisions of the Civil Code of the Russian Federation on a retail sale contract. In accordance with Art. 493 of the Civil Code of the Russian Federation, the buyer’s lack of documents confirming payment for the goods does not deprive him of the opportunity to refer to witness testimony in support of the conclusion of the contract and its terms.

When paying for goods by the buyer in a non-cash form or selling goods on credit (with the exception of 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.

Transfer and delivery of goods to the buyer

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 a contract for the sale of goods remotely. At the same time, the seller is not entitled to offer the consumer goods that are not specified in the initial offer of goods for sale, as well as to transfer goods to the buyer that do not comply with the preliminary agreement and demand payment for them.

If the conditions for the delivery of goods to the buyer are included in the contract for the retail sale of goods by remote means, then the goods purchased under such an agreement are delivered within the time period established by the contract to the place specified by the buyer. If the place of delivery of the goods for any reason is not indicated by the buyer, then the goods are delivered to the place of his residence.

In order to fulfill the terms of the contract for the supply of goods to the buyer, the seller has the right to use the services of third parties. However, at the same time, he is obliged to inform the buyer about the involvement of a third party in fulfilling the conditions for the delivery of goods.

The transfer of goods to the buyer is carried out in the manner and terms established by the contract. If, for any reason, the delivery time of the goods to the buyer is not specified in the contract, then the seller is obliged to transfer the goods within a reasonable time, and in case of failure to comply with the requirements for the transfer of goods within a reasonable time or the impossibility of determining such a period, to transfer it no later than seven days from the moment the buyer submits the relevant requirements.

In practice, situations often arise when the seller is unable to fulfill the obligations to transfer the goods to the buyer due to the fault of the buyer. In this case, the buyer is obliged to pay for the re-delivery of the goods.

Previously, the issue of untimely fulfillment of the terms of the contract for the supply of goods and the responsibility of the seller was outside the scope of legal regulation, since Art. 26.1 of the Law "On Protection of Consumer Rights" provides for liability only for the sale of goods of inadequate quality. The approved Rules for the sale of goods by remote means, although they do not independently determine exactly how the seller is liable for violation of the terms of delivery of goods, nevertheless provide for such liability, referring to the relevant provisions of civil law to resolve this situation.

Return of goods of inadequate quality

In accordance with the Rules for the sale of goods by remote means, the buyer, to whom the goods of inadequate quality are sold, has the right, at his choice, to demand from the seller either to eliminate the defects of the goods free of charge, or to reimburse the costs of correcting them by the buyer or a third party. The Seller also has the right to demand a commensurate reduction in the purchase price or replacement with a product of a similar brand (model, article) or the same product of a different 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 only if significant shortcomings are found.

The buyer also has the right to refuse to fulfill the contract and demand a refund of the amount paid for the goods or full compensation for losses caused to him as a result of the sale of goods of inadequate quality.

Monitoring compliance with the Rules

Control over compliance with the Rules for the sale of goods by remote means is carried out by the federal executive body and its territorial bodies, which, in accordance with the legislation of the Russian Federation, exercise the functions of control and supervision in the field of ensuring the sanitary and epidemiological welfare of the population, protecting consumer rights and the consumer market.

The procedure for monitoring compliance with the Rules for the sale of goods remotely is determined by the Regulations on the Federal Service for Supervision of Consumer Rights Protection and Human Welfare, approved by Decree of the Government of the Russian Federation of June 30, 2004 N 322, as well as a joint Letter from the Ministry of Health and Social Development of Russia and the Federal Service for Supervision in the protection of consumer rights and human well-being dated 12.10.2007 N 0100/10281-07-32.

Responsibility for violations of the Rules

Administrative liability for violations in the field of entrepreneurial activity, including the Rules for the sale of goods by remote means, is provided for by some norms of Ch. 14 of the Code of the Russian Federation on Administrative Offenses (CAO RF).

There is currently no special rule providing for liability for violation of the directly indicated Rules in the Code of Administrative Offenses. A person who sells goods in this way is liable for offenses that may be committed in other types of retail sales.

In the case of carrying out entrepreneurial activities, including the sale of goods remotely, without state registration as an individual entrepreneur or without state registration as a legal entity, the offender bears administrative responsibility under Part 1 of Art. 14.1 of the Code of Administrative Offenses of the Russian Federation.

For the remote sale of goods, the free sale of which is prohibited or limited, administrative liability is provided for in Art. 14.2 of the Code of Administrative Offenses of the Russian Federation.

If the seller carried out remote trade in alcoholic products, then he will incur administrative responsibility on the basis of a special rule - Part 3 of Art. 14.16 of the Code of Administrative Offenses of the Russian Federation.

Persons selling goods remotely may be held administratively liable under Art. 14.15 of the Code of Administrative Offenses of the Russian Federation for violation of the rules for the sale of certain types of goods, and under Art. 14.8 of the Code of Administrative Offenses of the Russian Federation for violating the rights of consumers to obtain the necessary information about the goods being sold, the inclusion in the contract of retail sale of conditions that infringe on the rights of the consumer, as well as for failure to provide the consumer with the benefits and benefits established by law.

Paragraph 19 of the Rules does not allow the transfer to the consumer of goods that do not comply with a preliminary agreement, if such transfer is accompanied by a requirement for mandatory payment for goods.

In practice, such facts are encountered when selling goods using the postal service, when the consumer, upon receipt of the ordered goods packed in a parcel, parcel, etc., is offered to make an additional payment at the post offices, after which, when opening the postal item, it turns out that the goods sent the consumer (in whole or in part) was not ordered.

Non-compliance by sellers with the above paragraphs of the Rules may serve as a basis for bringing them to administrative responsibility under Part 1 of Art. 14.8 of the Code of Administrative Offenses of the Russian Federation (violation of the consumer's right to receive the necessary and reliable information about the goods being sold, the manufacturer, the seller), according to Art. 14.7 of the Code of Administrative Offenses of the Russian Federation (misrepresentation regarding consumer properties and quality of goods), and in the latter case - under Part 2 of Art. 14.8 of the Code of Administrative Offenses of the Russian Federation (inclusion in the contract of retail sale of conditions that infringe on the rights of consumers).

At the same time, in any case, non-compliance by sellers with these or any other points of the Rules gives grounds for applying Art. 14.15 "Violation of the rules for the sale of certain types of goods" of the Code of Administrative Offenses of the Russian Federation.

Good afternoon. Tell me what to do if, when returning the goods that I purchased remotely, the contract states the condition that when returning the goods unilaterally, the seller retains 50% of the cost of the goods for delivery.?

Ivan, Hello.

To begin with, demand from the seller in writing to return the full cost of the goods paid under the contract. If the seller refuses, go to court, because. Only the cost of shipping from the consumer to the seller is non-refundable.

Good luck on the roads!

Maxim, hello!

I have such a situation that the goods cost 16,000 rubles. When returning the goods, they will refund me only 8000 rubles. (It's written in the contract). But at the same time, there is no specific amount for the delivery of goods in the contract, although, according to the law of consumer rights, they must clearly indicate the cost of each service, and not mislead the consumer! Is it so?

Ivan, Hello.

The cost of shipping the goods from you to the seller is not paid. Pay this amount yourself, and save the payment document.

Shipping costs from the seller to you must be refunded.

Good luck on the roads!

Thanks a lot!

Valentine-9

Bought a built-in freezer online. The goods delivered by the courier were inspected and paid for, while there was no written contract with explanations on the return procedure or an act of transfer of the goods, as well as my signature. Only receipt and warranty card. During installation, the freezer turned out to be higher than the niche in which it should be built. When contacting the store to replace the goods or return the money, they refused me, referring to the fact that the package was opened, although it was preserved and all the branded stickers on it were preserved. They say the presentation is violated and the delivery of goods to the house excludes the fact of remote sale. Is it so?

Valentine, home delivery of goods does not exclude the fact of remote sale. If you bought goods via the Internet, then this is definitely a distance sale.

Write a written statement demanding to accept the goods from you and send it to the seller by registered mail with a list of attachments and a return receipt. If he refuses you, you can go to court.

Good luck on the roads!

Valentine-9

The seller sent shoes a size larger than ordered. On my claims, he offers to return it as unsuitable at my expense. What are my rights and what sanctions can be applied to the seller?

Ilya, Article 12 of the Law "On Protection of Consumer Rights":

1. If the consumer is not given the opportunity to immediately receive information about the product (work, service) upon conclusion of the contract, he has the right to demand from the seller (executor) compensation for losses caused by unreasonable evasion from concluding the contract, and if the contract is concluded, refuse to execute it within a reasonable time and demand the return of the amount paid for the goods and compensation for other losses.

Write a written claim to the seller and send it by registered mail with a description of the attachment and a return receipt. If the seller refuses to return the money and pay damages, go to court.

Good luck on the roads!

I ordered a fox fur coat remotely, choosing the color and length. When ordering, there was no word that the order was individual. The seller only asked about my size and chest circumference. Before ordering, the seller also sent photos and videos of what the fur coat looks like, then they sent me my fur coat. And they sent me a photo of my finished fur coat, and it is fundamentally different from the photo of the one sent before ordering. The fur is not of such and such quality, not even stripes of fur. I asked to send more photos to make sure, I was refused. Then I refused delivery and asked for a refund. They refuse me because they say that this is an individual order. If the product does not suit the quality, I can not return my money? Is it so?

Dina, the situation is debatable.

If you are sure that you are right, then go to court. There you will need to prove that you have not been told that the order has individually defined-defined properties. The seller will prove otherwise. Documents and correspondence with the seller will be used as evidence.

Good luck on the roads!

Hello. I made an order for 3000 rubles, I don’t want to pick it up, there are huge doubts. Now they call and scare me that if I don’t redeem the order, I will pay the company’s expenses in the amount of 9,000 rubles. They say that if I do not pay the company's expenses, then in the future the court, a bad credit history and all that sort of thing ... I ordered cosmetics for my hair. I changed my mind about taking it, because I'm afraid to lose my hair.

Nina, Hello.

4. The consumer has the right to refuse the goods at any time before its transfer, and after the transfer of the goods - within seven days.

Return of goods of proper quality is possible if preserved its presentation, consumer properties, as well as a document confirming the fact and conditions of the purchase of the specified goods.

In this case, the return of the goods is not possible.

Good luck on the roads!

Sergey-787

Good day. Please tell me how should I proceed.

Placed an online order in the store. Oven and hob. Paid immediately. At that time, the store was running a promotion, buying two built-in items, the second, lower in price, will have a 50% discount. The oven cost 27,000, and the hob 20,000. And it went on sale for 10,000. Before paying for the order, it was displayed on the screen that I could pick up my order the next day. As a result, the next day came 10 days later, and when I called the hotline and tried to get information about when the goods would be provided to me, everyone answered in unison that they did not know and the hob was out of stock (although there was information on the site about what it is). So, the goods came to the point of issue and during the inspection I found a chip on the hob. I was offered to write a statement demanding an exchange for a product without defects, which I did. The term for consideration of my application will soon come to an end, but, I am more than sure, they will answer me that there are no more hobs and they will offer to return the money for it. Am I entitled to charge them the full catalog price for the hob? After all, it turns out that I was deliberately deceived and now I have to take it for the full price in another store or a similar one, but in the same store and again they refuse to apply this discount to another similar product. Moreover, on the day of purchase, I could purchase the same goods in another store with exactly the same prices and discounts. How should I proceed? go straight to court?

Sergei, Hello.

In this case, you want to receive from the seller an amount that exceeds the amount actually paid. On this issue, I recommend that you consult with a local consumer protection lawyer.

Good luck on the roads!

Adding a comment

Information containing the rules for selling goods remotely is posted everywhere. The growing popularity of this type of sale creates a need for ordinary citizens to learn some of the nuances of making remote purchases.

An important role is given to the fact that the supplier does not introduce the consumer to the thing personally. What to look for when buying, so as not to miscalculate and what documents to require from the supplier, every buyer should know.

Often, having received a thing, a citizen realizes that he does not need it. Knowing the rules of return, its mechanism, will allow you to return the money spent quickly and without problems. Especially when it comes to receiving low-quality products.

With the development of the Internet and mass communications, the principle of remote operations has entered the life of an ordinary person. It is explained by a number of legislative acts:

• rules for the sale of goods remotely - Decree of the Government of the Russian Federation of September 27, 2007 No. 612;
• Civil Code of the Russian Federation - Art. 497 reveals the essence of the process;
• the law "On the Protection of Consumer Rights" (LOZPP) dated February 7, 1992 No. 2300-1 - regulates the return mechanism;
• European Convention on Postal and Distance Selling.

An important role is played by explanatory acts drawn up by Rospotrebnadzor. All documents are placed in the Consultant and Guarantor systems, where they can be downloaded.

The number of documents explaining the procedure is related to the demand for this type of sale, which has firmly entered the daily life of citizens, even the sale of real estate in this way is gaining popularity. The growth in the number of people who applied to distance shops is growing from year to year.

The law on distance selling as its special form is absent even at the level of the bill.

According to Wikipedia, distance selling is commonly referred to as a type of retail trade in goods or services. The main difference lies in the remoteness of the parties to the transaction. They can be located at different ends of the country or in neighboring houses. There is not enough personal meeting between the seller and the buyer. Acquaintance with the product comes through a visual assessment of its image, which has become a feature of this type of sales.

The sale of products by samples is not a kind of distance selling. In this option, a person personally gets acquainted with the model of the proposed purchase. This is explained in the commentary to Art. 26.1 POZPP.

Therefore, the characteristic features of this type of trade are as follows:

1. Anonymity of the seller and the buyer.
2. The inability to touch the thing, pick it up, turn it on and check its performance.
3. The appraisal of a thing takes place with the help of technical means of communication: the Internet, TV, advertising on a leaflet, brochure, by phone, in the mailing list.

An item selected online but purchased at retail is not considered to be sold remotely.

Product Details

Before making a transaction, the supplier informs the potential customer about the products:

• consumer characteristic;
• address of the supplier and manufacturer;
• tradename;
• price;
• important terms of purchase;
• period of operation or shelf life;
• availability of a guarantee;
• payment procedure;
• duration of the public offer.

Features of correspondence acquaintance with information leave an imprint on the procedures for its submission. These include a video, an illustrated advertisement, a catalogue, brochures or flyers. Considering that remote transactions are connected with the network, then advertising is laid out on the Internet, printed in newspapers. These norms are enshrined in the legislation of the Russian Federation.

When displaying used and refurbished products for sale, it is necessary to familiarize potential buyers with this fact. A note is made in the commercial about the features of things.

After choosing a thing, an electronic application is drawn up for the seller, indicating a desire to buy a product of a certain assortment and quantity. After that, the seller is obliged to deliver the goods. By following these rules of distance selling, you can avoid unnecessary problems.

Not everything can be sold through remote bidding. There is a ban on the remote sale of any alcohol, even drinks with a low alcohol content, like beer. This includes sales using delivery.

Important nuances are explained by the letter of Rospotrebnadzor dated 12.10.2007. It expands the list of things forbidden to be implemented in this way. These include tobacco, dietary supplements and drugs.

With regard to medicines, there is a rule that they can be ordered through an online pharmacy, but the customer must pick up the goods in person at the pharmacy. The list of categories of citizens to whom medicines are delivered to their homes for health reasons is limited. These are citizens with limited mobility, veterans, beneficiaries. However, using the benefits of these individuals, unscrupulous networks deliver medicines to everyone for an additional fee. The Ministry of Health of the Russian Federation has developed a bill allowing a narrow circle of pharmacies to sell medicines remotely, but it has not been considered and has not been submitted to the Government for discussion.

Goods delivery

Some points related to delivery play an important role in remote transactions, as they are completed at the moment of transfer of the goods and receipts (sales receipts) of the fact of payment.

It is understood that delivery is carried out:

1. To the place specified by the buyer.
2. To the point of issue of orders of the transport company or the seller with self-delivery.
3. With the help of the Russian Post. Sending any goods "on demand" is carried out at the initiative of the buyer and only with the consent of the seller.

The differences are related to the use of courier services or delivery specialists.

An important feature of remote transactions is the obligation of the supplier to perform certain actions at the time of the transfer of goods. These include:

• transfer of documents on conformity of goods;
• informing about consumer qualities of products;
• familiarization with the price of the goods, the period of operation, the availability of a guarantee, the rules of operation;
• clarification of the procedure for sending a claim or transferring goods for repair;
• clarification of the rules for the return of products both at the time of transfer and in the future.

Information shall be placed on the product packaging, on the product itself or attached to it.

Violation of the terms of delivery is observed both on the part of the supplier and the customer. The seller is obliged to strictly observe the term for the transfer of goods prescribed by the contract. The transferred product must comply with the description and characteristics that the buyer was previously familiar with.

A person receives products in a personally agreed way. If you do not pick up on time, the terms of delivery are again agreed with the supplier. Buyer pays for shipping.

Return of good quality goods

The Consumer Protection Act (CPLA) guarantees the ability to return goods of good quality. Cancellation is carried out:

1. Until the actual receipt of the product.
2. After receiving the goods and familiarizing themselves with them.

Due to the peculiarities of remote purchases, it is impossible to try on, touch, weigh, evaluate the dimensions, the shade of the color scheme until the moment the product is received. This also applies to everyday items.

Paragraph 4 of Article 26 of the LOZPP makes it possible to return the goods until the moment of transfer and actual familiarization with them. If the products are transferred, it is important to comply with the conditions for maintaining the integrity of the packaging, presentation, consumer characteristics and the payment document and the terms of the transaction.

The period for which it is easy to return products after transfer is 7 days. The seller, who has not familiarized the consumer in writing with the terms of the return, extends the period up to three months - clause 21 of the Rules for the sale of goods.

Return is not possible if the item is made to order, it is not possible to use it by another person except the customer. Examples would be custom-made silver jewelry with a gemstone, name engravings, dates and events that are important only to the buyer.

The legislator established that the money paid for the products is returned to the buyer minus the items spent on shipping. In this case, the return procedure is not regulated.

In practice, the rules of business turnover are used. They relate to cases of disagreement, for example, proving the fact of purchasing a thing from a particular seller.

The procedure for making a return of goods purchased remotely is almost the same as that provided for other sales transactions. It is important to follow the algorithm of actions:

• send a letter informing the seller about the desire to return the goods. It is better if it is sent with acknowledgment of receipt;
• coordinate with the seller the shipping address, the method of return of money;
• draw up an act or invoice for the return of products;
• receive the money spent earlier;
• send products to the supplier at your own expense.

The procedure was created for goods of good quality that have not been used or used, but have not lost the appearance and function of a new thing.

Products purchased remotely may be of poor quality, defective, incomplete or broken at the beginning of use. The acquirer has the right to make a claim:

1. About free repair or elimination of the violation.
2. About reimbursement of the sums spent on the repair of the product.
3. About reducing the cost in proportion to the identified shortcomings.
4. About the exchange of products for a similar or different brand with a recalculation of the cost.
5. About refusal of the transaction, return of goods and compensation of expenses.

The money will be refunded in full.

For complex technical goods, the list of which contains Decree of the Government of the Russian Federation of November 10, 2011 No. 924 “On approval of the list of technically complex goods”, there are fewer possibilities. This is either a replacement of the goods (with an illogical or other one with a recalculation of the cost), or a return of the goods with the receipt of the paid amounts.

If the product has a warranty card, the period for completing the return procedure is equal to the period specified in the warranty. In its absence, the concept of a reasonable time is applied. They are considered 2 years old.
The seller has the right:

• draw up an act of inspection of the goods upon receipt from the buyer, which reflects information about the identified shortcomings;
• establish the cause of the deficiency independently or by conducting an examination. The term of its implementation should be no more than 10 days allotted for the return of funds. Its purpose is to identify the circumstances that caused the loss of consumer qualities of products. If, according to the conclusions of the examination, the goods are damaged due to the fault of the buyer, then the funds will not be returned to him. Additionally, a claim may be made for compensation for the cost of examination and shipment of goods.

Recognition by the examination of the fact that the product has lost its properties due to its poor quality entails the obligation of the seller to return the money within 10 days from the date of application. If one of the parties does not agree with the conclusions of the examination, it will appeal against them in court.

Often, buyers refuse an item purchased remotely. To save sales volume, reduce the number of failures, simple actions will help:

1. A detailed and clear description of the item and its essential characteristics with attached photos or a video review will help to reduce the percentage of returns that are not related to the quality of the product.
2. Informing the customer in writing about the terms of a possible return at the time of receipt of the product will reduce the period for which it can be returned to 7 days.
3. The absence of a receipt is not a reason for refusal to return.
4. Upon receipt of the returned products, it is necessary to conduct an in-depth inspection with photo or video recording. This will make it possible to exclude the occurrence of problems.
5. Learning the ways of effective sales by taking distance courses with writing essays and even theses while receiving higher education in this direction.

Russian legislation has quite fully covered the direction of remote methods of selling a wide range of goods. It is associated with the creation of a mechanism for the supply of products, its choice, acquaintance with the thing. The established possibility of returning a purchase, both high-quality and low-quality, guarantees the protection of the rights of an ordinary consumer.

Modern technologies give businesses new opportunities for development and reduce costs. You can do without renting stores, and provide the consumer with goods directly from the warehouse. But distance selling has its own rules. What you need to know about companies that trade via the Internet.

Read in the article:

Distance selling is a convenient way for a seller to organize a business, but there are some peculiarities in its rules. For example, a furniture buyer cannot see the product visually. If a particular product is restricted in circulation, the offer via the Internet may be illegal, since access is gained by a wide range of people. Consider:

• what are the specifics of this way of selling goods;
• what to consider the parties to the agreement;
• whether distance selling gives advantages to the buyer;
• what risks the seller bears if he provides information about the product through the network or booklets.

The sale of goods remotely is regulated by a government decree

There is no special law on distance selling. The procedure for the sale of goods in this way, the relationship between the buyer and the seller in the sale and provision of services for the purpose of such sale is determined by the Government ().

Distance selling is the sale of goods under a retail sale contract.

The buyer gets acquainted with the description of the goods with the help of:

• directories;
• prospectuses;
• photographs;
• booklets (part 2 of Art.);
• networks of postal and electronic communications, including the information and telecommunications network "Internet".

To conduct distance trading, you can specify OKVED 47.91 “Retail trade by mail or via the Internet information and communication network”. Remote trading does not imply direct acquaintance of the buyer with the product or product sample. The parties conclude an agreement on the basis of a variety of options for studying the goods, which are available when the buyer and seller are far from each other. To protect the interests of the acquirer, the seller must inform the buyer about:

• the need to involve specialists if a technically complex product requires connection, adjustment and commissioning;
• the main consumer properties of the goods;
• its address (location), as well as the full company name;
• place of manufacture of goods;
• price, conditions of acquisition, payment procedure;
• delivery, service life, shelf life and warranty period;
• the period during which the offer to conclude an agreement is valid (clause 8 of the rules of resolution No. 612).

For distance selling, the general rules on the return of goods apply.

Companies that sell products remotely may need to be a member of the National Distance Selling Association. The Association was created in order to support and protect the interests of trade participants. On its website you can find information about the work of the association, research and news. Rospotrebnadzor noted the activities of NADT in protecting the interests of trade participants. Thus, the joint activity of NADT, Rospotrebnadzor and the Accounts Chamber was aimed at eliminating the initiative to introduce into the law provisions on reducing the period for returning goods to the seller in case of distance selling (State report of Rospotrebnadzor "Protection of consumer rights in the Russian Federation in 2016").

Currently, the return of goods of good quality is possible with distance selling, if the recipient has kept:

• trade dress of products;
• consumer properties of the received goods;
• a document confirming the fact and conditions of the purchase (appellate ruling of the Moscow City Court dated August 16, 2017 in case No. 33-32278/2017).

For example, the plaintiff went to court. He purchased furniture from an online store. When the seller delivered the products, the buyer realized that the cabinet did not match the room in terms of color and shape. The buyer also pointed out the shortcomings that arose before the transfer: poor-quality varnishing, sloppy shelves, the seams on the walls looked like scratches. The court agreed with the plaintiff's claim for a refund: when selling remotely, the consumer has such a right (appellate ruling of the Moscow City Court of 07/06/2017 in case No. 33-25445/2017).

In another case, the buyer, relying on, wanted to return the money for the hood, which he purchased through distance selling. The plaintiff believed that the hood had defects (abrasions and blackening at the welding site). But the manufacturer did not reveal a factory defect. Scuffs and blackening:

• were on the inside of the case,
• not reflected in the appearance of the front side,
• did not affect the performance of the instrument after assembly.

The court also found that the goods were of adequate quality. However, he noted that the consumer has the right to return the products and receive payment back (appeal ruling of the Chelyabinsk Regional Court dated 06/27/2017 in case No. 11-7360/2017).

According to the rules of distance selling, some products cannot be distributed

The law limits the list of goods that can be sold / bought through distance selling. For example, this method cannot be applied to alcoholic products. If this becomes known, the prosecutor has the right to apply to the court to recognize the information as prohibited for distribution on the territory of the Russian Federation.

Thus, the prosecutor, in the interests of an indefinite circle, sent a statement to the court. The purpose of the appeal is to recognize that information on the Internet is prohibited for distribution. According to the prosecutor, the owner of the site violated the rules of remote trading, as he offered alcohol for sale. The client could familiarize himself with the catalog, place an order by phone, and then wait for delivery or pick up the goods by self. The seller's actions involved an unlimited circle of citizens, including minors, in the trade. And also the purchase of alcoholic and alcohol-containing products could go at night.

The court considered the case in a special order and granted the claim. On the basis of a judicial act, the competent authority is obliged to include information about the site in the relevant register and prohibit the dissemination of controversial information. Roskomnadzor must include information about the site in the register of data that the law prohibits from distributing in the Russian Federation. Such data included information about the online sale of alcohol (the appeal ruling of the Moscow City Court dated September 18, 2017 in case No. 33-32454/2017).

The law does not allow the remote sale of medicinal products

There is a ban on the remote distribution of goods that are not in free sale (clause 5 of the rules of Decree No. 612). At the same time, the list of such goods was not disclosed in Resolution No. 612. Specific types of such products can be found in other regulations. For example, it imposes a ban on the free sale of drugs. The courts consider that remote sale of such funds is unacceptable (appellate ruling of the St. Petersburg City Court dated September 28, 2017 No. 33-19119/2017 in case No.

However, there are nuances here. Information about medicines does not fall under the prohibitions of the law and restrictions on distance selling. Pharmacies are not allowed to sell via the Internet, but they have the right to indicate information about medicines on their websites.

For example, the FAS held a company liable for the illegal sale of goods, the free sale of which is prohibited or restricted (Article 14.2 of the Code of Administrative Offenses of the Russian Federation). According to the FAS, the company made it possible to select and order medicines through the website. But the company indicated that on the site you can find the right medicine, book and place an order. However, they buy goods directly from the pharmacy. The client pays in cash to the cashier, uses a cashless payment or a certificate, while with a remote trading method, the contract is considered fulfilled from the moment the goods are delivered (clause 3, article 497 of the Civil Code of the Russian Federation). The court concluded that the company's actions did not constitute an administrative offense ().