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Irkutsk, Pervomaisky microdistrict, house 88
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Irkutsk, Pervomaisky microdistrict, house 88
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The main provisions of the rules of online commerce.

Trading through online stores refers to distance trading and is subject to the relevant laws. According to the Rules for the sale of goods remotely “selling goods remotely - selling goods under a retail sale agreement concluded on the basis of familiarizing the buyer with the seller’s description of the goods contained in catalogs, prospectuses, booklets or presented on photographs or using postal networks, networks telecommunications, including the information and telecommunication network "Internet", as well as communication networks for broadcasting television channels and (or) radio channels, or in other ways, excluding the possibility of direct acquaintance of the buyer with the goods or sample of goods upon conclusion of such an agreement. ”

Key laws to consider in online commerce:

- Rules for the sale of goods by remote means (approved by Decree of the Government of the Russian Federation of September 27, 2007 N 612).

- The Law on the Protection of Consumer Rights: Article 26.1 “Remote Method of Sale of Goods”.

- The Civil Code of the Russian Federation: article 497 “Selling goods according to samples and the remote method of selling goods”, as well as article 499.

You can also familiarize yourself with the provisions of the "European Convention on International Postal and Distance Trade."

Below are the texts of the main articles of these documents, which must be taken into account when organizing online trading and when creating an online store site.

Civil Code of the Russian Federation. Article 497. Sale of goods by samples and the remote method of selling goods.

1. A contract of retail sale can be concluded on the basis of familiarization of the buyer with a sample of goods offered by the seller and exhibited at the point of sale of goods (sale of goods by samples).

2. The contract of retail sale may be concluded on the basis of familiarization of the buyer with the seller’s description of the goods through catalogs, brochures, booklets, photographs, communications (television, postal, radio communications and others) or in other ways that exclude the possibility of direct familiarization of the consumer with the goods or a sample of the goods at the conclusion of such an agreement (remote way of selling goods).

3. Unless otherwise provided by law, other legal acts or an agreement, a contract for the retail sale of goods by samples or a retail sale agreement concluded by remote means of sale of goods shall be deemed executed from the moment the goods are delivered to the place specified in such an agreement, and if the place of transfer of goods by such an agreement is not defined, from the moment of delivery of the goods at the place of residence of the buyer-citizen or the location of the buyer-legal entity.

4. Unless otherwise provided by law, prior to the transfer of goods, the buyer has the right to refuse to execute any retail purchase and sale agreement specified in clause 3 of this article, provided that the seller reimburses the necessary expenses incurred in connection with the execution of the contract.

Civil Code of the Russian Federation. Article 499. Sale of goods subject to their delivery to the buyer

1. In the case when the contract of retail sale is concluded with the condition of delivery of the goods to the buyer, the seller is obliged to deliver the goods to the place specified by the buyer within the time period established by the contract, and if the place of delivery of the goods by the buyer is not indicated, to the place of residence of the citizen or legal address persons who are buyers.

2. The contract of retail sale is deemed to have been executed from the moment the goods were handed over to the buyer, and in the absence thereof, to any person who presented a receipt or other document attesting to the conclusion of the contract or to the delivery of goods, unless otherwise provided by law, other legal acts or the contract or does not follow from the substance of the obligation.

3. In the case when the contract does not determine the time of delivery of the goods for delivery to the buyer, the goods must be delivered within a reasonable time after receiving the buyer's request.

Federal Law "On Advertising". Article 8. Advertising of goods with the remote method of their sale.

In the advertising of goods with the remote way of selling them, information should be indicated on the seller of such goods: name, location and state registration number of the record on the establishment of a legal entity; surname, name, patronymic, main state registration number of the record of state registration of an individual as an individual entrepreneur. (Note: This must be taken into account when creating an online store site).

Federal Law "On Protection of Consumer Rights" Article 26.1. Remote way of selling goods (introduced by the Federal Law of December 21, 2004 N 171-ФЗ)

1. A contract of retail sale may be concluded on the basis of familiarizing the consumer with the seller’s description of the goods through catalogs, brochures, booklets, photographs, communications (television, postal, radio communications and others) or otherwise excluding the possibility of direct familiarization of the consumer with the goods or sample goods at the conclusion of such an agreement (remote way of selling goods) ways.

2. The seller, prior to the conclusion of the contract, must provide the consumer with information about the main consumer properties of the goods, about the address (location) of the seller, about the place of manufacture of the goods, about the full company name (name) of the seller (manufacturer), about the price and terms of purchase of the goods, on its delivery, service life, expiration date and warranty period, on the procedure for payment for the goods, as well as on the period during which the proposal to conclude a contract is valid. (Note: This must be taken into account when creating an online store site)

3. The consumer at the time of delivery of the goods must be provided in writing with information about the product provided for in Article 10 of this Law, as well as information provided for in paragraph 4 of this article on 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 terms for the return of goods of good 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 transfer of the goods.

Return of good quality goods 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 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 is not entitled to refuse the goods of good quality, having individually defined properties, if the specified goods can be used exclusively by the consumer purchasing it.

If the consumer refuses the goods, the seller must return to him the amount 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 ten days from the day the consumer submits the corresponding demand.

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

Rules for the sale of goods remotely

(Approved by the Decree of the Government of the Russian Federation of September 27, 2007 N 612)

1. These Rules, establishing the procedure for the sale of goods remotely, regulate the relationship between the buyer and seller when selling goods remotely and providing services in connection with such a sale.

2. The basic concepts used in these Rules mean the following:

“Buyer” - a citizen who intends to order or purchase, or who orders, purchases, or uses goods exclusively for personal, family, household, and other needs not related to entrepreneurial activity;

“Seller” - an organization, regardless of its legal form, as well as an individual entrepreneur selling goods remotely;

“Selling goods remotely” - selling goods under a retail sale agreement concluded on the basis of familiarization of the buyer with the seller’s description of the goods contained in catalogs, prospectuses, booklets or presented on photographs or using postal networks, telecommunication networks, including the information and telecommunication network "Internet", as well as communication networks for broadcasting television channels and (or) radio channels, or in other ways that exclude the possibility of direct acquaintance of the buyer with the goods or sample of goods upon conclusion of such an agreement.

3. When selling goods remotely, the seller is obliged to offer the buyer services for the delivery of goods by sending them by mail or transportation, indicating the method of delivery and type of transport.

The seller must inform the buyer about the need to use qualified specialists for connecting, commissioning and putting 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 provided in connection with such a sale of services is determined by the seller.

5. Remote sale of alcoholic products, as well as goods, the free sale of which is prohibited or limited by the legislation of the Russian Federation, is not allowed.

6. These Rules do not apply to:

a) works (services), with the exception of works (services) performed (provided) by the seller in connection with the sale of goods remotely;

b) the sale of goods using machines;

c) sales contracts concluded at tenders.

7. The seller is not entitled without the buyer's consent to perform additional work (provide services) for a fee. 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 from the seller a refund of the amount paid.

8. The seller must 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 company name (name) of the seller, the price and conditions before concluding the contract of retail sale and purchase (hereinafter the contract) purchase of goods, on their delivery, service life, shelf life and warranty period, on the procedure for payment for the goods, as well as on the period during which the proposal to conclude a contract is valid.

9. The seller at the time of delivery of the goods is obliged to inform the buyer in writing of 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 conformity of the goods;

b) information on the basic consumer properties of the goods (works, services), and in relation to food products - information on the composition (including the name of food additives, biologically active additives used in the manufacturing process of food products, information on the presence of components obtained in food products with the use of genetically modified organisms), nutritional value, purpose, on the conditions for the use and storage of food, on the methods of manufacturing finished dishes, 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) the price in rubles and the conditions for the acquisition of goods (work, services);

d) information about the warranty period, if installed;

e) the rules and conditions for the efficient and safe use of goods;

f) information on the service life or shelf life of the goods, as well as information on the necessary actions of the consumer after the specified periods and possible consequences if such actions are not performed if the goods after the specified periods pose a danger to the life, health and property of the buyer or become unusable 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 repairing and maintaining the goods for imported goods - name of the country of origin of goods;

h) information on the mandatory confirmation of the conformity of goods (services) to the mandatory requirements that ensure their safety for the life, health of the buyer, the environment and the prevention of harm to the property of the buyer in accordance with the legislation of the Russian Federation;

i) information on the rules for the sale of goods (work, services);

j) information about the specific person who will perform the work (provide the service), and information about him, if it matters based on the nature of the work (service);

k) the information provided for in paragraphs 21 and 32 of these Rules;

l) information on the energy efficiency of goods for which the requirement for such information is determined in accordance with the legislation of the Russian Federation on energy conservation and on increasing energy efficiency.

10. If the goods purchased by the buyer were in use or the deficiency (s) were eliminated therein, information on this should be provided to the buyer.

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 the container, packaging, label , label, in technical documentation or in any other way established by the legislation of the Russian Federation.

Information on the mandatory confirmation of conformity of goods is presented in the manner and ways established by the legislation of the Russian Federation on technical regulation, and includes information on the number of the document confirming such compliance, on the period of its validity 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 conditions of the contract.

The seller must enter into an agreement with any person who has expressed their intention to purchase the goods offered in his description.

13. The seller must inform the buyer of the period during which the offer to sell goods remotely is valid.

14. If the buyer sends the seller a message about his intention to purchase the goods, the message must necessarily indicate:

a) full company name (name) and address (location) of the seller, last name, first name, middle name of the buyer or the person (recipient) indicated by him, address to which the goods should be delivered;

b) the name of the goods, article, brand, variety, number of items included in the set of purchased goods, price of the goods;

c) type or service (when provided), time of its execution and cost;

d) buyer's obligations.

15. The offer of the buyer to send goods by mail to the address “On Demand” can be accepted only 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. The organization that sells goods remotely provides the buyer with catalogs, booklets, brochures, photographs or other informational materials containing complete, reliable and accessible information describing 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 corresponding message from the buyer about the intention to conclude the contract.

19. The seller does not have the right to offer the consumer goods that are not indicated in the initial offer of goods for sale.

It is not llowed to transfer to the consumer goods that do not comply with the preliminary agreement, if such a transfer is accompanied by a demand for payment for the goods.

20. The contract is considered concluded from the moment the seller gives the buyer a cash or sales receipt or other document confirming the payment of 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 cashless form or selling goods on credit (except for payment using bank payment cards), the seller is obliged to confirm the transfer of goods by drawing up an invoice or an act of delivery and acceptance of goods.

21. The buyer has the right to refuse the goods at any time before its transfer, and after the transfer of the goods - within 7 days.

If information on the procedure and terms for the return of 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 good quality goods 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 absence of the specified document from the buyer 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 the goods of good quality, having individually defined properties, if the specified goods can be used exclusively by the consumer purchasing 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 submitted the corresponding demand.

22. If the contract is concluded with the condition of delivery of the goods to the buyer, the seller must deliver the goods to the place specified by the buyer within the time period established by the contract, and if the place of delivery of the goods by the buyer is not indicated, then to his place of residence.

To deliver goods to the place indicated by the buyer, the seller can use the services of third parties (with mandatory 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 a delivery time for the goods and there is no possibility 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 timing of the transfer of goods to the buyer, the seller is responsible in accordance with the civil legislation of the Russian Federation.

24. If the delivery of goods was made within the time period established by the contract, but the goods were not transferred to the buyer through his fault, subsequent delivery is carried out at the new time agreed with the seller, after the buyer pays again the cost of the goods delivery services.

25. The seller is obliged to transfer to the buyer goods whose quality corresponds to the contract and the information provided to the buyer upon conclusion of the contract, as well as information communicated to him when transferring the goods (in the technical documentation attached to the product, on the labels, by marking or by other means provided for certain types of goods).

In the absence of conditions on the quality of the goods in the contract, the seller is obliged to transfer to the buyer goods that are suitable for the purposes for which goods of this kind are usually used.

If the seller at the conclusion of the contract was informed by the buyer of the specific objectives of the acquisition of goods, the seller must transfer to the buyer goods suitable for use in accordance with these goals.

Unless otherwise provided by the contract, the seller is obliged to simultaneously transfer the goods to the buyer with the relevant accessories, as well as the documents related to the goods (technical passport, quality certificate, operating instructions, etc.) stipulated by the legislation of the Russian Federation.

26. The delivered goods are transferred to the buyer at his place of residence or to another 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 execution of delivery of the goods.

27. If the goods are handed over to the buyer in violation of the terms of the contract regarding the quantity, assortment, quality, completeness, packaging and (or) packaging of the goods, the buyer may notify the seller of these violations no later than 20 days after receipt of the goods.

If defects in the goods have been discovered for which no warranty or expiration dates have been established, the buyer has the right to submit claims for defects in the goods within a reasonable time, but within 2 years from the date of transfer to the buyer, if longer periods are not established by laws or contract.

The buyer is also entitled to submit claims to the seller regarding defects in the goods if they are discovered during the warranty period or expiration date.

28. The buyer to whom the goods of inadequate quality were sold, if this was not agreed upon by the seller, has the right, at his option, 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 commensurate decrease in the purchase price;

c) replacement for goods of a similar brand (model, article) or for the same goods 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 customer requirements must be satisfied if significant shortcomings are discovered.

29. The buyer, instead of presenting the requirements specified in paragraph 28 of these Rules, has the right to refuse to execute 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 incurred due to 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 satisfy the relevant requirements of the buyer.

30. In case of the seller’s refusal to transfer the goods, the buyer has the right to refuse to fulfill the contract and demand compensation for the losses caused.

31. When returning goods of inadequate quality, the absence of a document from the buyer 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 the seller.

32. Information on the procedure and timing for the return of goods by the consumer should contain:

a) the address (location) of the seller, at which the return of the goods is carried out;

b) the seller’s working hours;

c) the maximum period during which the goods can be returned to the seller, or the minimum period established by paragraph 21 of these Rules;

d) a warning about the need to preserve the presentation, consumer properties of goods of good quality before returning it to the seller, as well as documents confirming the conclusion of the contract;

e) the period and procedure for the return of the amount paid by the buyer for the goods.

33. When the buyer returns the goods of good quality, an invoice or an act on the return of the goods is drawn up, which indicate:

a) the full company name (name) of the seller;

b) the surname, name, patronymic of the buyer;

c) the name of the goods;

d) the date of conclusion of the contract and transfer of goods;

e) the amount to be returned;

f) signatures of the seller and the buyer (representative of the buyer).

Refusal or evasion of the seller from drawing up the 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. In the event that the return of the amount paid by the buyer in accordance with the contract is 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 costs of the return of the amount paid by the buyer in accordance with the contract are borne by the seller.

36. Payment by the buyer of the goods by transferring funds to a third party account indicated by the seller does not relieve the seller of the obligation to refund the amount paid by the buyer when the buyer returns the goods of both appropriate and inadequate quality.

37. Monitoring compliance with these Rules is carried out by the Federal Service for Supervision of Consumer Rights Protection and Human Well-Being.

PS. Please note that from the time of writing this article, changes in law could occur.