The sales policy
Resolution of the Government of the Russian Federation
of 27.09.2007 N 612
(edited on 04.10.2012)
'On approval of Rules of sale of goods remote way'
A list of changing documents
(as amended by the Decree of the RF Government dated 04.10.2012 N 1007)
1. These Rules, establishing the procedure for the sale of goods remote way, govern the relationship between buyer and seller in the sale of goods remotely and providing in connection with such sale of services.
2. The basic concepts used in this Regulation mean the following:
'buyer' - the citizen having intention to order or acquire or ordering, acquiring or using goods exclusively for personal, family, household and other needs not connected with entrepreneurial activities;
'seller' - the organization regardless of its organizational-legal form and individual entrepreneurs engaged in the sale of goods by remote way;
'the sale of goods remote way' is selling goods under the contract of retail purchase and sale concluded on the basis of acquaintance of the buyer with the offered seller by the description of the product contained in catalogs, brochures, booklets or represented in photos or using networks of postal communication, telecommunication networks, including telecommunication networks 'Internet', and also communication networks for translation of TV channels and (or) radio channels, or in other ways excluding possibility of direct acquaintance of the buyer with the goods or sample the goods at the conclusion of such contract.
(as amended by the Decree of the RF Government dated 04.10.2012 N 1007)
3. The sale of goods remote way the seller is obliged to offer the customer services for the delivery of goods by mail shipment or transportation, specifying the shipping method used and type of transport.
The seller must tell the buyer about the need to use qualified connection, adjustment and commissioning of technically complex goods, which are the technical requirements cannot be started up in operation without participation of relevant experts.
4. The list of goods sold in the remote way, and rendered in connection with such sale of services is determined by the seller.
5. Do not prevent the sale by remote way of alcoholic production, and also of goods, free sale of which is prohibited or restricted 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 the goods by remote way;
b) sale of goods using machines;
C) agreements of purchase and sale concluded at the auction.
7. The seller is not entitled without the purchaser's consent to perform additional work (to render services) for a fee. The buyer is entitled to refuse payment of such works (services) and if they are paid, the buyer may require the seller refund the amount paid.
8. The seller shall prior to the conclusion of the contract of retail purchase and sale ('agreement') to provide the buyer with information about the basic consumer properties of the goods and the address (location) of the seller, the place of manufacture of the product, the full corporate name (name) of the seller, the price and terms of acquisition of goods, on its delivery, service life, shelf life and warranty period, on the order of payment, and the period during which the offer to conclude the contract.
9. The seller at the time of delivery of the goods is obliged to inform buyer in writing the following information (for imported goods in Russian):
a) the name of technical regulations or other identification specified by the legislation of the Russian Federation on technical regulation and testifying to obligatory acknowledgement of conformity of the goods;
b) information on basic consumer properties of goods (works, services), and in relation to food information on the composition (including the name used in the manufacturing process of food supplements, biologically active additives, the information on presence in foodstuff of the components received with application genno-engineering-modified organisms), food value, appointment, about conditions of application and storage of food products, ways of manufacturing of ready dishes, weight (volume), date and place of manufacturing and packing (packaging) of foodstuff, and also data on contra-indications for their application at separate diseases;
C) the price in roubles and conditions of acquisition of goods (performance of works, rendering of services);
g) information on the guarantee if it is installed;
d) rules and conditions of effective and safe use of the goods;
e) information about the service life or shelf life of the goods, and also data on necessary actions of the consumer after the specified terms and possible consequences at default of such actions if the goods after the specified terms represent danger to life, health and property of the buyer or become unsuitable for use to destination;
g) location (address) brand name (name) of the manufacturer (seller), location (address) of the organization (organizations) authorized by the manufacturer (seller) on acceptance of claims from customers and producing the repair and maintenance of goods, for imported goods - name of the country of origin;
(PP. 'W' in the wording of the Decree of the RF Government dated 04.10.2012 N 1007)
h) information about the mandatory confirmation of compliance of goods (services) to obligatory requirements providing their safety for life, health of the buyer, environment and prevention of damage to property of the buyer in accordance with the legislation of the Russian Federation;
and) information on the rules for the sale of goods (performance of works, rendering of services);
K) information about the specific entity that will perform work (to render service), and, if this value is set based on the nature of works (services);
l) the information required by paragraphs 21 and 32 of this regulation;
m) information about the energy efficiency of the goods in respect of which the requirement for such information is defined in accordance with the legislation of the Russian Federation on energy saving and increasing energy efficiency.
(PP. 'm' was introduced by Decree of the RF Government dated 04.10.2012 N 1007)
10. If a buyer purchases the item was in use or eliminated the defect (defects), the buyer must be provided information about it.
11. The information about the product, including the conditions for its operation and storage rules shall be notified to the buyer by placing the goods on the electronic media applied to the product, the product itself (on the PCB inside the product in the menu section), on the container, packaging, label, label, in the technical documentation or otherwise established by the legislation of the Russian Federation.
(as amended by the Decree of the RF Government dated 04.10.2012 N 1007)
Information about the mandatory confirmation of conformity of goods are presented in order and in a manner established by the legislation of the Russiancoy Federation on technical regulation, and includes data on number of the document confirming such conformity, on term of its action and about the organization that issued it.
12. The offer of a product in its description, is addressed to an indefinite circle of persons, admits the public offer if it is sufficiently definite and contains all essential terms of the contract.
The seller is obliged to conclude a contract with any person who has expressed an intention to purchase a product suggested in the description.
13. The seller must inform the buyer of the period during which the offer for the sale of goods remote way.
14. If the buyer sends the seller a message about his intention to buy the product, the message should be specified:
a) full company name (name) and the address (location) of the seller, surname, name, patronymic of the buyer or specified person (the receiver), the address where you should deliver the goods;
b) product name, part number, brand, type, the number of subjects included in the kit of the purchased goods, the price of the goods;
in) type of service (if provided) the time of its execution and the cost;
g) the obligations of the buyer.
15. Offer the buyer about the shipment of the goods by mail to address 'demand' can be made only with the consent of the seller.
16. The seller must maintain the confidentiality of personal data about the buyer in accordance with the legislation of the Russian Federation in the field of personal data.
17. Organization engaged in the sale of goods remote way, provides the buyer with catalogues, booklets, folders, pictures or other information containing comprehensive, accurate and accessible information describing the proposed product.
18. The seller's obligation to transfer goods and other obligations related to the transfer of goods, arise from the moment of receipt by the seller of the corresponding message to the buyer about intention to conclude the agreement.
19. The seller may offer the consumer the goods not specified in the initial offer of goods for sale.
Not permitted to transfer to the consumer of goods not complying with prior agreement, if such transfer is accompanied by a request for payment of goods.
20. The contract is considered concluded with the buyer or cash sales receipt or other document confirming payment of the goods or of receipt by the seller of the intention of the buyer to buy the product.
When you pay for goods by the buyer in the form of cash or the sale of goods on credit (with the exception of payment with credit card) the seller shall confirm the transfer of the goods by the consignment note or certificate of delivery-acceptance of goods.
21. The buyer is entitled to refuse the goods at any time before its transfer, and after goods transfer - within 7 days.
If the information on the order and terms of return of goods of good quality was not provided in writing at the time of delivery of the goods, the buyer is entitled to reject the goods within 3 months from the date of transfer of the goods.
Return of goods of good quality is possible if its trade dress, consumer properties, and also the document confirming the fact and conditions of purchase of this product. The absence of the buyer specified document does not deprive of its possibility to refer to other proofs of purchase from this seller.
The buyer is not entitled to refuse the goods of good quality, having individually defined properties, unless specified goods may be used solely for buying a consumer.
When the buyer's refusal of goods the seller must return to him the sum paid by the buyer in accordance with the contract, except for the cost of the seller on delivery from the buyer of returned goods, not later than 10 days from the date of the purchaser so requires.
22. If the contract is concluded with a condition about delivery of the goods to the buyer, the seller is obliged within the contract period to deliver the goods to the destination specified by the buyer, and if the place of delivery of the goods by the buyer is not specified, the place of his residence.
For delivery of the goods to the destination specified by the buyer, the seller may use the services of third parties (with obligatory informing of the buyer).
23. The seller shall deliver the goods to the buyer in the manner and time established in the contract.
If the contract delivery period not defined and no opportunity to define this term, the goods must be handed over by the seller within a reasonable time.
The obligation is not fulfilled within a reasonable time, the seller must perform the 7-day period from the date of submission of the buyer requirements on its implementation.
For breach by the seller of terms of transfer of the goods to the buyer, the seller is liable in accordance with the civil legislation of the Russian Federation.
24. In case the delivery of goods made within the contractual deadline, but the product has not been delivered to the buyer through his fault, the subsequent delivery is made to a new date agreed with the seller after the re-payment by the buyer of cost of services for the delivery of the goods.
25. The seller shall transfer to the buyer goods whose quality corresponds to the contract and information provided to the buyer upon conclusion of the contract, and also the information brought to its attention during the transfer of the goods (in the technical documentation attached to the goods, on labels, by marking or other means provided for certain types of goods).
In the absence in the contract of conditions about quality of the goods, the seller shall 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 agreement was made the buyer aware of the specific purpose of acquiring the goods, the seller shall transfer to the buyer goods suitable for use in accordance with these objectives.
Unless otherwise provided by the contract, the seller shall, simultaneously with the transfer of goods transfer to the buyer the relevant accessories and related to product documentation (technical passport, quality certificate, manual, etc.), stipulated by the legislation of the Russian Federation.
26. Delivered the goods to the buyer at his place of residence or other specified address, and in the absence of the buyer - any person presenting a receipt or other document confirming conclusion of a contract or making delivery of the goods.
27. If the buyer goods with the breach of the contract concerning quantity, assortment, quality, completeness, container and (or) packaging of the goods, the buyer may not later than 20 days after receipt of goods to notify seller of those violations.
If discovered defects in the goods in respect of which warranty periods or expiration dates are not set, the buyer is entitled to submit claims in respect of defects in the goods within a reasonable period, but within 2 years from the date of transfer to the buyer, if longer terms are not established by laws or the contract.
The buyer is also entitled to make demands of the seller against product defects if they are discovered during the guarantylead time or shelf life.
28. The buyer, who sold the goods of inadequate quality if it has not been stipulated by the seller shall be entitled at its choice to demand:
a) gratuitous elimination of defects in the goods or reimbursement for their correction by buyer or any third party;
b) ratable reduction of the purchase price;
C) replacement of the goods of similar brand (model, article) or the same product of another brand (model, article) with appropriate recalculation of the purchase price. At the same time in a technically complex and expensive products, these requirements are subject to satisfaction in case of detection of essential lacks.
29. The buyer instead of the claims referred to in paragraph 28 of these Regulations, has the right to withdraw from the contract and demand the return paid for the goods amount. At the seller's request and expense, the buyer should return the goods with defects.
The buyer is entitled to demand full compensation of losses caused to it owing to sale of the goods of inadequate quality. Losses are compensated in the terms established by the Law of the Russian Federation 'On consumer protection' to meet the requirements of the buyer.
30. Failure of the seller to transfer the goods the buyer is entitled to withdraw from the contract and demand compensation of the caused losses.
31. When returning goods of inadequate quality absence at the buyer of the document confirming the fact and conditions of purchase of goods, does not deprive him of the opportunity to refer to other proofs of acquisition of the goods from the seller.
32. Information about the order and terms of return of goods by consumer should contain:
a) address (location) of the seller, by which the return of the goods;
b) the mode of operation of the seller;
C) the maximum period during which goods can be returned to the seller or the minimum prescribed period under paragraph 21 of these Regulations;
d) warning about the need to preserve trade dress, consumer properties of goods of the proper quality to return it to the seller, and the documents confirming the conclusion of the contract;
d) the terms and procedure of refund of the amount paid by buyer for the goods.
33. When you return the buyer of the goods of appropriate quality are made the invoice or the act of returning goods, which shall include:
a) full company name (name) of the seller;
b) surname, name, patronymic of the buyer;
C) product name;
d) date of conclusion of the contract and delivery of the goods;
d) the amount to be refunded;
e) the signature of the seller and the buyer (buyer's representative).
Refusal or evasion of the seller from which the consignment note or of the act does not deprive buyer of the right to demand the return of goods and (or) refund of the amount paid by the purchaser in accordance with the contract.
34. In case the refund of the amount paid by the purchaser in accordance with the contract, is carried out simultaneously with the return of the goods by the buyer, refund the specified amount is made by the seller with consent of buyer one of the following ways:
a) in cash at the location of the seller;
b) by postal order;
C) by transferring respective amount to the Bank or other account of the buyer designated by the buyer.
35. The cost of implementing the refund of the amount paid by the purchaser in accordance with the contract, is the seller.
36. Payment for the goods by the buyer through transfer of funds to third party account specified by seller shall not relieve seller from the obligation to refund the money paid by the buyer amount when you return the buyer of the goods as the proper and improper quality.
37. Control over observance of these Rules is carried out by the Federal service for supervision of consumer rights protection and human well-being.
(clause 37 as amended by the Decree of the RF Government dated 04.10.2012 N 1007)
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