Article 26.1 Remote method of selling goods.

1. A retail purchase and sale agreement may be concluded on the basis of familiarization of the consumer with the description of the goods proposed by the seller, contained in catalogues, prospectuses, booklets, presented in photographs, through means of communication (television, postal, radio, etc.) or other means excluding the possibility direct familiarization of the consumer with the product or a sample of the product when concluding such an agreement (remote method of selling the product) by methods.

2. Before concluding a contract, the seller must provide the consumer with information about the main consumer properties of the product, the address (location) of the seller, the place of manufacture of the product, the full company name(name) of the seller (manufacturer), the price and conditions of purchase of the product, its delivery, service life, expiration date and warranty period, about the procedure for paying for the goods, as well as about the period during which the offer to conclude a contract is valid.

3. At the time of delivery of the goods, the consumer must be provided in writing with information about the goods, provided for in Art. 10 of this Law, as well as the information provided for in paragraph 4 of this article on the procedure and timing for returning goods.

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.

If information on the procedure and timing for returning goods of proper quality was not provided in writing at the time of delivery of the goods, the consumer has the right to refuse the goods within three months from the date of delivery of the goods.
Return of a product of proper quality is possible if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified product are preserved. The consumer’s absence of a document confirming the fact and conditions of purchase of the goods does not deprive him of the opportunity to refer to other evidence of the purchase of goods from this seller. The consumer does not have the right to refuse a product of appropriate quality that has individually defined properties if the specified product can be used exclusively by the consumer purchasing it.
If the consumer refuses the goods, the seller must return to him sum of money paid by the consumer under the contract, with the exception of the seller’s expenses for delivery of the returned goods from the consumer, no later than ten days from the date the consumer submits the corresponding demand.
5. The consequences of selling goods of inadequate quality by remote means of selling goods are established by the provisions provided for in Articles 18–24 of this Law.

Note: Some changes have been made to the article of the Law establishing the liability of the manufacturer, performer, seller, organizations authorized by the manufacturer or seller, or individual entrepreneur, as well as the importer. If the court satisfies the consumer's demands, the court recovers from these persons for refusal to satisfy the consumer's demands in voluntarily a fine of fifty percent of the awarded amount. Before amendments were made to the Law, such a fine was calculated in the amount full price claim, but the court had the right not to collect it.

Note: Due to acceptance Federal Law"On technical regulation", which changed the status of "standards", references to this type of state norms that established mandatory requirements to the quality of goods, works or services.

Nowadays, due to technological progress, the need to go shopping to the store is gradually disappearing, everything more people They purchase things remotely, often via the Internet. This shopping option saves buyers a lot of time, but since there is no personal contact, misunderstandings and disagreements often arise between the seller and the buyer.

To resolve such disagreements and regulate relations, the Law on the Protection of Consumer Rights was created. It contains Article 26, which precisely clarifies the questions of sellers and buyers. The purchase must be completed correctly, i.e. the buyer must see the description and properties of the future purchase in a magazine, advertising leaflets, various thematic booklets, and photo offers. The consumer can also familiarize himself with the description and characteristics of the product of interest using various means communications. Nowadays, people most often obtain information via the Internet.

Exists great amount online stores where you can purchase the desired item and receive it soon. Alternative option getting to know a possible purchase can serve as a sample of a future purchase, for example, when ordering furniture, you first see a display sample. If you like it, then order yourself new furniture. Distance selling is carried out when the buyer is well informed about the product and has read what is written in the description and characteristics of the future purchase.

Immediately before the transaction, while the purchase has not yet been made, the seller must convey to the end consumer the properties of his offered products. According to Article 26, it is necessary to inform buyers how and where they can find the seller, and provide information about the country in which the item was produced. An important point the buyer will see the full name of the manufacturer. The seller must promptly notify the buyer about the price of his product, voice the conditions for completing the transaction, and take care of how the purchases will be transported. In order for the transaction to be successful, the seller must correctly indicate the timing of when the products will be delivered and clarify who will pay the transportation costs for delivery. It is also important for the buyer to know the expiration date of the goods he buys and what their warranty period is. Every consumer wants to buy things good quality at a reasonable price, so it is imperative to inform the consumer of the time period when the contract can be signed.

In the tenth article current Law There is an interesting point about consumer rights; it talks about the moment of delivery of purchases. It turns out that at this moment the buyer is required to provide all data about the purchase in writing. Clause 4 of this article of the Law on Consumer Rights provides that the final purchaser in in writing must also provide information about the possible procedure for returning the purchase.

According to Art. 26 of the Russian Federation Law and Regulations, the buyer has every right to refuse the transaction at any time until the products are handed over to him, having correctly completed all the documents. After you become the proud owner of your purchase, a law comes into force that allows the buyer to make an exchange or return the purchased items within seven days.

An important point of Article 26 is that the buyer can easily refuse the purchase within three months from the moment he received the goods in his hands. In this situation, you will be able to return the purchase if, due to the fault of the seller, you did not receive written information about the possibility of returning the goods.

Commentary to Art. 26 Law of the Russian Federation

Article 26 1 of the Law on the Protection of Consumer Rights spells out points that make it possible to regulate the conduct of purchase and sale in individual transactions and special products, the description of which is present in the contract. Such rules are confirmed by the government. Once these rules are approved by the legislative authorities, they become regulations RF. Since our country is a presidential republic, these rules must comply with the Civil Code, laws Russian Federation and decrees of the President of the Russian Federation. The conditions that come into force automatically become federally binding.

In 1993, the Russian government approved the Sales Rules different types of things. These rules existed for quite a long time, until 1998. They contained general properties and sales requirements different categories things like clothes, shoes, food. The rules for the alienation of new cars, outerwear made of fur, and precious metals were considered separate acts of sale. It turned out that they were repeating general provisions in this system of rules. The old trading rules required revision and modification. The government created Resolution 55 of January 19, 1998, in it you can see new Rules for the sale of different categories of goods. In the new rules, one could see the division into 6 large categories of goods and trace the characteristics of sales of different categories.

Food products.
Textile products, fur, knitwear, footwear.
Products with complex technical characteristics.
Cosmetology products and perfumes.
Passenger cars, motorcycles, trailers for them.
Products made of precious metals.

According to historical data, all the sales rules discussed above have outlived their usefulness. The government took note specific feature implementation alcoholic drinks throughout the Russian Federation and left the Rules in force retail, which were in force since 08/19/96, under number 987. Most of the provisions of the Rules comply with the conditions of the Civil Code and the Law “On Protection of Consumer Rights”.

Progress does not stand still, so the range of products in groups has become more and more. It was necessary to clarify and clarify the components of individual groups. During pre-sale preparation, individual product categories and data about them are identified. The scope of pre-sale preparation and its components are now determined by the Rules. The only exception to the rules were products from the automobile group. Each manufacturer carries out its own pre-sale preparation and, accordingly, determines its volume.

Interaction with other legal norms

In some companies, pre-sale preparation checks the properties of goods by appearance. The corresponding violation of the requirements that are registered by the Rule leads to a deterioration in relationships with customers; there is a need to clarify the phrase “quality check”. In Art. 469 Civil Code RF and Article 4 of the RF Law “On Protection of Consumer Rights” have similar requirements for product quality. From these decisions it follows that the analysis will be subject to the compliance of the product with the requirements for its quality, which are specified in the contract. In addition, the compliance of sales products with the indicators will be checked state standards. From the above it follows that quality marks that are specified in the appropriate documents will be checked. If the contract does not clarify the requirements for the properties of the items being sold, then the usual requirements for this product will be checked. The important point is that regardless of the chosen method of identifying quality, the requirements will be negotiable. These requirements will only apply to the parties to the contract. The exception is GOSTs; the requirements for them are determined only by government agencies.

In paragraph 17 of the Rules, the second part of the paragraph states that the seller must demonstrate the effect of his final product to the buyer when selling. The third part of this paragraph states that the seller must also check the quality of the product if this is provided for by the legislation of the Russian Federation.

Judicial practice under Article 26 of the RF Law of the Russian Federation

As statistics indicate, litigation on consumer rights is not as developed in Russia as, for example, in the West. At this time, appeals to the courts are recorded more often, which suggests that consumers have become better aware of their rights and are not afraid to defend them. In most cases, the court is on the side of the consumer, if the appeal is competent and actually records a violation on the part of the seller. Most often, it happens that the buyer wants to return the purchase and get his money back, but the seller refuses to accept the goods. The consumer's only option is to go to court. Ultimately, the money is returned to the buyer, excluding shipping costs. It is possible that the product may be exchanged for a new one of good quality. When monitoring legal proceedings, cases were recorded when a seller remotely sold one old item that had lost its marketability.

[Law on Protection of Consumer Rights] [Chapter 2]

1. A retail purchase and sale agreement may be concluded on the basis of familiarization of the consumer with the description of the goods proposed by the seller through catalogues, prospectuses, booklets, photographs, means of communication (television, postal, radio communications and others) or other means excluding the possibility of direct familiarization of the consumer with the product or sample goods when concluding such an agreement () methods.

2. Before concluding a contract, the seller must provide the consumer with information about the basic consumer properties of the product, the address (location) of the seller, the place of manufacture of the product, the full brand name of the seller (manufacturer), the price and conditions for purchasing the product, about its delivery, service life, shelf life and warranty period, about the procedure for paying for the goods, as well as about the period during which the offer to conclude a contract is valid.

3. At the time of delivery of the goods, the consumer must be provided in writing with information about the goods provided for in Article 10 of this Law, as well as information provided for in paragraph 4 of this article about the procedure and timing for returning the goods.

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

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

If the 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 delivery of the returned goods from the consumer, no later than ten days from the date the consumer submits the corresponding demand.

5. The consequences of selling goods of inadequate quality by remote means of selling goods are established by the provisions provided for in Articles 18 - 24 of this Law.

Legal advice under Art. 26.1 of the Law on Protection of Consumer Rights

Marina Ershova

According to the consumer protection law, is a medical device for complex treatment subject to return within 2 weeks? A doctor supposedly came home medical center"Megapolis", telling noodles to an elderly man about the miraculous Eliton device, said that the cost of the device is 18 thousand rubles. but as a beneficiary, within federal program, for the device you need to pay only 5900. I left it, however, contact number and disappeared. I called back immediately when I found out about this that same evening, I said that the device was not needed and I was asking for a refund, but they answered that according to the law, medical devices cannot be returned. Is it so? And where to go - I really want to teach the scammers a lesson (though, if they can be found, I looked up the information on the Internet - there are a dime a dozen of these stories. And the same contact number lights up. But the elderly don’t surf the Internet! And these criminals use them helplessness) Maybe someone can advise what to do. And according to the Consumer Protection Law - in fact, this is the case - a return is not possible?

Lawyer's answer:
Elena, there is not enough factual information in the question, so two assumptions: 1. The medical device was ordered remotely (by phone, ..)?2. Was the buyer given a cash receipt and/or sales receipt with the Seller's details? If three YES, then not everything is so sad. The most important thing is that relations with a remote Seller are not regulated by Art. 25 (together with the List of non-food products of good quality NOT SUBJECT TO RETURN...), and Art. 26.1. "Remote method of selling goods" of the WPZ Law!! ! Regarding the ban on returns with this method of selling, you were DECEPTED over the phone!! ! The text of this article, in contrast to Art. 25, DOES NOT PROVIDE restrictive lists for refusal of purchased goods. Paragraph 4 of this article establishes a mandatory right to refuse goods (except for goods of proper quality with individually determined properties exclusively for a given consumer) within 7 days AFTER the transfer of the goods to the Buyer. And if information on the procedure and terms for returning goods of proper quality was not provided in writing at the time of delivery of the goods, the consumer has the right to refuse the goods within 3 months FROM THE MOMENT OF TRANSFER of the goods. (And if you are notified in writing of a ban on returns, then this is a DECEPTION of the Consumer) Return of a product of proper quality is possible if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified product are preserved. The deadline for the Seller to return the money is no later than 10 days from the date the consumer presents the corresponding demand. So, the main thing is to find the Seller organization physically (not on the Internet) and present a written demand. But it is NOT very realistic to expect that they will voluntarily agree, so be prepared for litigation. Good luck.

Marina Bobrova

I bought a web camera, it turned out to be wrong, can I exchange it or return it within two weeks? The website says Genius i-Look 1321, I was looking for exactly this, but when I took it out of the box, it turned out that it was Genius i-Look 1321 v2, a more simplified version. It seems like a deception of the buyer, but the website says: Dear customers! The manufacturer reserves the right to change the characteristics of the product, its appearance and completeness without prior notice. So it turns out that even if there was sausage there, I wouldn’t be able to return it? Or is this still not legal?

Lawyer's answer:
Andrey! If I understand correctly, the mention of the SITE means that the camera was purchased through an online store? If this is the case, then we must be guided by Article 26.1 of the Law on Distance Selling, which states that the consumer has the right to refuse the product at any time before its transfer, and after the transfer of the product - WITHIN SEVEN DAYS. If information on the procedure and timing for returning goods of proper quality was not provided in writing at the time of delivery of the goods, the consumer has the right to refuse the goods within three months from the date of delivery of the goods. Returning a product of proper quality is possible if its presentation and consumer properties are preserved, and the list you specified is no longer valid for remote sales, as it relates to Article 25 of the PZPP. If the camera was purchased in a regular store, then it is better to use the provisions of Articles 10 and 12 of the PPA. In accordance with paragraph 1 of Article 10 of the PPL, the seller is obliged to promptly provide the consumer with the necessary and reliable information about the goods, ensuring the possibility of their the right choice. In your case, it turned out that you intended to buy the wrong camera that you received, and not with the characteristics that were indicated on the website. This means that you were misled and your right to timely provision of necessary and reliable information to ensure the correctness of your choice was violated, for which the seller is liable. In accordance with paragraph 1 of Article 12 of the PZPP, if the consumer is not given the opportunity to immediately receive information about the product upon concluding a contract, HE HAS THE RIGHT TO DEMAND FROM THE SELLER within a reasonable time to refuse to execute the sales contract and demand the return of the amount paid for the product. And in this case, the specified list does not play any role. So in any case, you have the legal right to return this camera to the seller. If the seller refuses to satisfy your claim, you can inform him that if the court satisfies the consumer’s demands, established by law, the court collects from the seller for failure to voluntarily satisfy the consumer’s requirements a fine in the amount of fifty percent of the amount awarded by the court in favor of the consumer (clause 6, article 13 of the Law of the Russian Federation). If the case is considered in judicial procedure You will also be able to demand compensation for moral damage, the amount of which is determined by the court (Article 15 of the Civil Code). Article 10. Information about goods (work, services) /laws/zpp/10.php Article 12. Responsibility of the manufacturer (performer, seller) for improper information about the product (work, service) /laws/zpp/12.php Article 13. Responsibility of the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) for violation of consumer rights /laws/zpp/13.php Article 15. Compensation for moral damage /laws/zpp/15.php Article 26.1 Remote method of selling goods /laws /zpp/26_1.php

Denis Otradnov

Lawyer's answer:

Vyacheslav Pakhomyev

Infringement of consumer rights. Is the clause of the contract stating “The buyer bears full responsibility for the data provided on the order of the goods (size, color, etc.) if an error occurs due to the fault of the buyer, the goods cannot be returned or exchanged” infringing on the rights of the consumer, Art. 16 ZPP. The buyer claims that the product did not fit the style, contacted the seller within 14 days
- Lawyer's answer:
  There is too little information in the question and therefore it is impossible to answer clearly. If the goods were ordered via the Internet, then the buyer has the right to refuse the goods at any time before its transfer, and after the transfer of the goods - within seven days, even if, when transferring the goods, a contract with the specified text was issued to the buyer, since in this case the contract (with such conditions) is void, that is, without legal force precisely for the reason that the terms of the contract infringe upon it legal rights. The buyer does not have the right to refuse only goods of proper quality (including those made according to individual order) having individually defined properties, if the specified product can be used exclusively by the consumer purchasing it (clause 4, article 26.1). If the product was made to order by personal contact with the work contractor, and when concluding the contract such a clause was included in the contract for the work, then such clause of the contract in no way infringes on the rights of the consumer (buyer). The content of this text only warns about the customer’s responsibility for the information provided when expressing the customer’s desire to receive the goods in accordance with the dimensions, color of the product, etc., indicated by him. If the order is made in strict accordance with the product parameters specified in the order, then the buyer does not have the right to exchange a product for the reasons that the product does not fit in shape, dimensions, style, color, size or configuration. In accordance with Article 25 of the PPA this requirement can be presented only in relation to a GOODS of proper quality purchased by a consumer from a seller, and not in relation to the result of work performed or service provided. Meanwhile, the consumer has the right to refuse to fulfill the contract for the performance of work at any time on the basis of Article 32 of the Labor Code, but subject to payment to the contractor for the actual expenses incurred by him related to the fulfillment of obligations under this contract. Since the work was completed in full, the buyer will have to pay the entire amount specified in the contract, and if the amount under the contract has already been paid in full, then there is no demand for its return legal grounds. Article 26.1 Remote method of selling goods /laws/zpp/26_1.php Article 32. The consumer’s right to refuse to fulfill a contract for the performance of work (rendering services) /laws/zpp/32.php

Alina Golubeva

question regarding consumer rights. the company’s refusal to replace the product or return the cost of the product due to its malfunction (internally).. on April 24 of this year, through an online store, I purchased a Philips brand iron worth 2,100 rubles. The delivery courier showed me the appearance of the device and explained that, according to the rules of this company, I have a week to return it if there are malfunctions in the operation of the electrical device... the next day, when I started ironing, I discovered that the steam button on the iron did not work... as for the shock itself there is no (100 ml/min)... the heating of the iron is insufficient with its power of 24000 W... when I contacted the company about an exchange, I was refused, explaining that this requires a conclusion from the service department... and also that the iron was for personal use, because water was poured into the iron for ironing... is the company acting legally?... what is the best way to start returning the goods and money: should I go straight to the service center or get a document from the company about refusal of return? and how many days do I, as a buyer, actually have for a replacement?... and what else is meant by the words “was in personal use”... how else can you determine the performance of the device?...

Lawyer's answer:
The company is openly and cynically misleading you!!! The conditions and terms of return are set not by the company, but by the law! Any conditions and actions that do not comply with the law are considered void, i.e. having no legal force and therefore invalid. Now, in order. The terms of return when selling goods remotely are stated in Article 26.1 (clause 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. This information should have been in the documents given to you upon delivery of the iron. If information about the procedure and timing for returning goods of proper quality was not provided in writing at the time of delivery of the goods, the consumer has the right to refuse the goods within three months from the date of delivery of the goods (clause 4, article 26.1). Returning a product is possible not only because the product has defects, but also simply because the product did not meet the consumer's expectations. This is the most important advantage when purchasing goods remotely. Returning a product of proper quality is possible if its presentation and consumer properties are preserved, and it does not matter that the product has already been used or, as you were told, “for personal use.” If you bought an iron in a regular store, you could be refused to return the product for several reasons: the product was already in use, the product is included in the list of goods that cannot be returned or exchanged (Article 25). And when returning goods of good quality purchased remotely, these reasons can no longer become the basis for the seller’s refusal to return goods of good quality. The consumer does not have the right to refuse only a product of appropriate quality that has individually defined properties, if the specified product can be used exclusively by the consumer purchasing it. So write a request to return the product, indicating the reason that the product does not suit you in terms of its operational parameters. Under no circumstances should you write that the iron has shortcomings, that the steam boost does not work properly, that the heating is not strong enough, etc. Otherwise, the seller will accept the iron as a product of inadequate quality and send it for examination. And this is of absolutely no use to you. Your task is to return the money paid for the iron. In case of refusal of the goods, the seller must return the amount of money paid by the consumer under the contract, with the exception of the seller’s expenses for delivery of the returned goods from the consumer, no later than ten days from the date the consumer submits the corresponding demand (clause 4, art. 26.1). This means that if you deliver the iron to the office yourself, you will have to return not only its cost, but also the costs of delivering the goods from the seller to the buyer, that is, the full amount under the contract. Write the application in two copies, if the money cannot be returned immediately, then let the second copy put the date of transfer of the application, indicating the position of the person who accepted the application, his signature and a transcript of this signature. This will be proof of the application within the prescribed time frame in case judicial trial, as well as the basis for receiving a penalty in case of delay in fulfilling the requirement within the time limits specified by law. Under no circumstances should you indicate exchange requirements in your application. In the event of an exchange request, the above list is already in effect. Print out Article 26.1 and take it with you; you can always show the seller the provisions of the law on which you rely when making your demand. Article 25. Remote method of selling goods /laws/zpp/26_1.php

Sergey Boronin

Please tell me: Is the company right? When a consumer purchases an electric meat grinder via the Internet? The second thing we want to draw your attention to is when the device you recently bought breaks down. What to do? Usually the buyer calls the selling company and demands to replace this device with a similar one, since “the period of two weeks has not yet passed.” The law on consumer protection actually has a clause that states that within two weeks from the date of purchase the client has the right to exchange the product if it does not suit the color, size, or design. But this law does not apply to technically complex goods, which specifically include household appliances (gas stoves, electric stoves, washing machines, refrigerators, built-in appliances, etc.). Such technically complex products are subject to warranty service from the moment of purchase, and further claims must be sent directly to service center. You ask: “Does the seller company really not bear any responsibility after the sale of the goods???” . Added 8 minutes ago from information from Vasko.SU

Lawyer's answer:
The company information provided is complete nonsense, in which everything is mixed together, and is intended only for an unprepared consumer. If a product is purchased remotely, including via the Internet, if the product is of proper quality, then its return (but not exchange) is possible within 7 days, and in some cases even within 3 months (for more details, see Article 26.1 of the PZPP). Moreover, a return is possible even if the product has already been used (if purchased in a regular store, this number will no longer work). For example, after becoming more familiar with the product, the consumer realized that the product was not suitable for him. If its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified product are preserved, then the consumer has the right to refuse such product. If the product is of inadequate quality, then the provisions of Article 18 apply. The 14 days that people like to remember are no longer valid here. If we're talking about about a technically complex product, then you need to familiarize yourself with the list of technically complex products in respect of which consumer demands for their replacement are subject to satisfaction if significant defects are found in the goods, which is often called by the number of the Government Resolution - List of PP No. 575 and it is not so large: 1. Motor vehicles and numbered units for them 2. Motorcycles, scooters 3. Snowmobiles 4. Boats, yachts, outboard motors 5. Refrigerators and freezers 6. Washing machines automatic 7. Personal computers with basic peripheral devices 8. Agricultural tractors, walk-behind tractors, walk-behind cultivators As you can see, there are no electric meat grinders or built-in equipment in this list. If a product of inadequate quality is not included in this list, then during the entire warranty period (Article 19) the consumer may present any of the five requirements of paragraph 1 of Article 18, including the right to replace or return goods of inadequate quality. If a product of inadequate quality is included in this list, then in this case, both an exchange and a return of the product are possible within 15 days. But after 15 days, you need to send the goods to the ASC. The goods indicated in the company’s information are included in the list of non-food goods of APPROPRIATE quality, which cannot be returned or exchanged for a similar product of a different size, shape, dimension, style, color or configuration, which is often called List of PP No. 55 and this list refers to Article 25 of the PZPP about the exchange of goods of APPROPRIATE quality. That is, the one who wrote those lines himself does not understand the meaning of the articles of the Law and misleads everyone who read that article. Article 18. /laws/zpp/18.php List of technically complex goods in respect of which consumer demands for their replacement are subject to satisfaction if significant defects are found in the goods: /laws2/postan/post1.html Approved by the Decree of the Government of the Russian Federation of May 13, 1997 N 575 Article 19. Deadlines for the consumer to submit claims regarding product defects /laws/zpp/19.php Article 25. The consumer’s right to exchange goods of good quality /laws/zpp/25.php List of non-food goods of good quality that are not subject to return and exchange for similar goods of other sizes, shapes, dimensions, styles, colors or configurations /laws2/postan/post50.html Approved by Decree of the Government of the Russian Federation of January 19, 1998 N 55 Article 26.1 Remote method of selling goods /laws/zpp/26_1. php

Yulia Semenova

How to return furniture to an online store. How can I return furniture that is not suitable (in color, quality, size) purchased in an online store? Or can I refuse to purchase it upon delivery (during inspection, if it is not suitable) before signing the sales contract?

Lawyer's answer:
You can cancel your order in several ways. 1. If the time and date of delivery have not yet been agreed upon, then when you call from the store to clarify these conditions, you can immediately inform them that you are canceling your order. 2. If you have already agreed on the delivery date and time, then on the day of delivery, as a rule, before leaving for the customer, there is another call to make sure that the customer is at the place where the goods are delivered and is ready to accept the order. If you receive such a call, you can also refuse the order. In the first two cases, refusal of the order will not entail additional material costs. 3. You can also refuse an order upon delivery of furniture. It is better if, when you call that the car has already arrived and is standing at the entrance, you immediately warn that the furniture will not be delivered to the apartment, since you have decided to refuse the order. In this case, you will only have to pay for the delivery of the furniture from you back to the seller. If you paid for the order and delivery in advance, then within 10 days you must be refunded the amount paid under the contract, including the cost of delivering the furniture to you and, if you ordered lifting to the desired floor, then this amount too. If the furniture is delivered to your apartment with a lift to the floor, then if you refuse the order, difficulties and disputes may arise regarding the reimbursement of payment for loading and unloading work. Article 26.1 Remote method of selling goods /laws/zpp/26_1.php

Nikolay Bazhov

I bought the product from an online store, but there are no instructions in Russian! What or who can you intimidate into expelling?

Lawyer's answer:
You can be intimidated by the provision of paragraph 4 of Article 26.1 of the ZoZPP (Remote method of selling goods): “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. If information on the procedure and timing for returning goods of proper quality was not provided in writing at the time of delivery of the goods, the consumer has the right to refuse the goods within three months from the date of delivery of the goods.” Call the store on the phone number you used to place your order and report that due to the impossibility of fully using the product due to the lack of documentation (instructions) in Russian, you, on the basis of paragraph 4 of Article 26.1, refuse the product and demand a refund of the money paid. money agreement There may be two options here: either they will deliver the documentation to you in Russian, or they will pick up the goods, but in this case you will have to pay the cost of delivering the goods from you back to the store. If you don’t want to spend money, and the online store is nearby, you can deliver the goods back yourself, then you won’t have to pay for delivery of the goods to the store. If it is not possible to contact the store by phone, you can send a valuable letter with a description of the attachment and a notification (or by registered mail with notice) on legal address store with the same content about refusing the product. 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 delivery of the returned goods from the consumer, no later than ten days from the date the consumer presents the corresponding demand (clause 4, article 26.1). If you have any questions, I’m ready to answer them. Article 26.1 Remote method of selling goods /laws/zpp/26_1.php

Bogdan Gundorin

Please tell me!!!. About 1.5 months ago we ordered a spinning rod through an online store. The price and conditions suited us. After payment, the goods were sent by courier. After receiving it, we looked at the package and the presence of visible defects and removed it. After 1.5 months, a friend came to us who had exactly the same spinig. And after looking at ours, he said that we had the wrong model. In general, they sent us a model that was 800 rubles cheaper (although According to the documents, everything is correct) on the spinning rods the difference is only a few letters, and the numbers are the same (but when you look at the picture on the website, these differences are simply not visible, and we didn’t even know that they existed at all). We wrote a letter of claim to the website... We refused to exchange goods or return money...What should I do???

Lawyer's answer:

Vladimir Nagorsky

How to distinguish a sheared mink from a sheared rabbit or beaver?
- Let's first - it's hard to confuse a mink with a rabbit! In any case, the rabbit is softer and, most importantly, cheaper! but the second topic is IMPORTANT TO UNDERSTAND a sheared rabbit and a beaver IS THE ONE AND THE SAME! all information from the official website protection rights...

Diana Fomina

Ekaterina Frolova

Exchange of goods. A month ago, my wife sent a Samsung Star for repair to Svyaznoy (the touch display stopped working). Yesterday they sent it back from repair, but she asked if it could be replaced at all, to which the saleswoman replied: of course, this model always has problems with the display and even the service center recommends replacing it. She suggested another model, my wife was happy with it, and we separated. Call today - go into the salon with a box, I need to clarify something. We arrive and they say give the phone back, the saleswoman had no right to make such an offer. To which I answer that, according to the Consumer Protection Law, I have the right to exchange the product if significant defects are detected. Just now I found how exactly it is formulated: In relation to a technically complex product, the consumer, if defects are discovered in it, has the right to refuse to fulfill the sales contract and demand a refund of the amount paid for such a product or make a demand for its replacement with a product of the same brand (model, article) or for the same product of another brand (model, article) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer of such product to the consumer. After this period, these requirements must be satisfied in one of following cases: detection of a significant defect in the product; violation of the deadlines established by this Law for eliminating product defects; the impossibility of using the product during each year of the warranty period in total for more than thirty days due to repeated elimination of its various deficiencies. What does the saleswoman give me - do you need problems? Do you want our security team to talk to you? We have your data - look! I was a little nervous, it was normal for the Connected Situation to be resolved). My wife and I work in trade, we would never disgrace our organizations like this - calling clients, no matter whose fault it was, and making such claims. And if at first there was some desire to go to a meeting with the saleswoman who made the exchange (when we arrived she was not working, as I understand it was her colleague, or the administrator, who spoke with us), but now I don’t know what to do. He said we’ll think about it and left. Advise what to do, how to behave with the security service, if indeed something happens on their part. answer

Lawyer's answer:
1. The phone is not included in the list of goods for which a significant defect is required, that is, during the entire warranty period (usually 1 year) and if a manufacturing defect is detected, you have the right to choose: refund, exchange or repair. 2. The “liaison” fulfilled warranty service obligations - they made repairs. 3. Why you chose to demand repairs and not a refund is no longer important to anyone, you should have immediately chosen a refund - for this, a written claim is written in which your requirement is reflected and in duplicate on your signature and the date of delivery of the claim to the seller, in case of refusal, a written confirmation of witnesses (take them with you). 4. The “messenger” is right, you must return what they demand. 5. But the saleswoman is, in general, a “salesman” for you, since new product sold then it is sold and it is no longer possible to take it away from you. 6. We live in Russia, everything is possible here, the saleswoman did the wrong thing, it’s her fault, but...it’s possible to return new phone You will have to decide for yourself what to do. 7. You can find out more and ask here http://forum./forumdisplay.php?f=24

Evgenia Zhukova

Return to the online store. Comrades, I want to place an order in an online store, but I’m afraid, what if I don’t like the product, how can I return it? for how many days, to whom???

Lawyer's answer:
Federal Law of the Russian Federation Article 26.1. Remote method of selling goods 1. A retail purchase and sale agreement can be concluded on the basis of familiarization of the consumer with the description of the goods proposed by the seller through catalogues, prospectuses, booklets, photographs, means of communication (television, postal, radio communications and others) or other means excluding the possibility of direct familiarization to the consumer with goods or a sample of goods when concluding such an agreement (remote method of selling goods) by methods. 2. Before concluding a contract, the seller must provide the consumer with information about the basic consumer properties of the product, the address (location) of the seller, the place of manufacture of the product, the full brand name of the seller (manufacturer), the price and conditions for purchasing the product, about its delivery, service life, shelf life and warranty period, about the procedure for paying for the goods, as well as about the period during which the offer to conclude a contract is valid. 3. At the time of delivery of the goods, the consumer must be provided in writing with information about the goods provided for in Article 10 of this Law, as well as information provided for in paragraph 4 of this article about the procedure and timing for returning the goods. 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. If information on the procedure and timing for returning goods of proper quality was not provided in writing at the time of delivery of the goods, the consumer has the right to refuse the goods within three months from the date of delivery of the goods. Return of a product of proper quality is possible if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified product are preserved. The consumer’s absence of a document confirming the fact and conditions of purchase of the goods does not deprive him of the opportunity to refer to other evidence of the purchase of goods from this seller. The consumer does not have the right to refuse a product of appropriate quality that has individually defined properties if the specified product can be used exclusively by the consumer purchasing it. If the 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 delivery of the returned goods from the consumer, no later than ten days from the date the consumer submits the corresponding demand. 5. The consequences of selling goods of inadequate quality by remote means of selling goods are established by the provisions provided for in Articles 18 - 24 of this Law. There are no legal grounds for returning a product - you didn't like the product. If the product does not match the description, that's another matter.

Alla Dorofeeva

Payment for personal loan account. when repaying the loan, the bank asks you to pay 100 rubles per month for the personal account that was opened for crediting funds, I told them, in accordance with the 30th law, these payments are not included in the cost of the loan, so go to the opu. I cannot close this account, since only through it can the loan be repaid. They call every day and ask to pay off the debt, I wrote them a claim, but they don’t care, they think they are right. Do I have to go to court or what other options might there be?

Lawyer's answer:
Going to court is the best option. Firstly, the commission paid for all these months can be returned, plus interest for using other people’s in cash and moral damage. Secondly, the court must declare the clause of the contract establishing these payments invalid. In any case, somewhere in the agreement there is a clause that the loan is issued by transfer to an account opened in the bank, and nothing else. And this is already an imposition of a service, which makes such a condition insignificant. Of course, a lot depends on judicial practice specifically in your city. We get through all of this easily.
Well, if not to court, then complain to the service for supervision in the field of consumer rights protection (not to "
Article 18. Consumer rights when defects are discovered in a product In relation to a technically complex product, the consumer, if defects are discovered in it, has the right to refuse to fulfill the sales contract and demand a refund of the amount paid for such a product or make a demand for its replacement with a product of the same brand ( model, article) or for the same product of another brand (model, article) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer of such goods to the consumer. After this period, these requirements are subject to satisfaction in one of the following cases: detection of a significant defect in the goods; violation of the deadlines established by this Law for eliminating product defects; the impossibility of using the product during each year of the warranty period in total for more than thirty days due to repeated elimination of its various deficiencies. It is important for you to submit a written claim with your requirements to the SELLER within 15 days! AFTER 15 days you will ONLY be entitled to repairs. However, the seller (manufacturer) is liable to you only if the defects arose through his fault. Therefore, when you contact the seller (manufacturer) with demands regarding the defects of the product, he will most likely want to make sure that these defects exist (clause 5 of Article 18 of the Law of the Russian Federation “On Protection of Consumer Rights”) and that they arose due to his fault - an examination may be carried out for this purpose. We strongly advise you to immediately contact the seller in writing to write a claim (statement). It is advisable to show in your claim your legal literacy, knowledge of your rights; this alone is usually sufficient for positive decision the seller (if the seller is a reputable company, then he does not want to sue). If, however, the decision is not in your favor and you decide to go to court, then you will have important evidence of the illegal behavior of the seller, the timing of your filing of claims, etc.

Art. 26.1 OPP

3. At the time of delivery of the goods, the consumer must be provided in writing with information about the goods provided for, as well as information provided for in paragraph 4 of this article about the procedure and timing for returning the goods.

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.

5. The consequences of selling goods of inadequate quality by remote means of selling goods are established by the provisions provided for.

Commentary on Article 26.1

1. The sale of goods remotely should be distinguished from the sale of goods based on samples. The rules for implementing the latter are regulated by paragraphs 1, 3 and 4 of Article 497 of the Civil Code. Its main difference from the distance selling method is that with the remote selling method, the consumer is deprived of the opportunity to directly familiarize himself with a sample of the product when concluding a contract, but when selling a product based on a sample, accordingly, such an opportunity is available.

2. The commented norm differs from general norms, establishing the seller’s obligations to provide information to the consumer, also requiring information about the period during which the offer to conclude a contract is valid.

3. Unlike the norm

(as amended June 2, 1993, January 9, 1996, December 17, 1999,
December 30, 2001, August 22, November 2, December 21, 2004)

Article 26.1 Remote method of selling goods

1. A retail purchase and sale agreement may be concluded on the basis of familiarization of the consumer with the description of the goods proposed by the seller, contained in catalogues, prospectuses, booklets, presented in photographs, through means of communication (television, postal, radio and others) or other means excluding the possibility of direct familiarization consumer with a product or a sample of a product when concluding such an agreement (remote method of selling a product) by methods.

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.

5. The consequences of selling goods of inadequate quality by remote means of selling goods are established by the provisions provided for in Articles 18 - 24 of this Law.