According to the law, the sale of goods via the Internet refers to remote methods of sale and is governed by the following basic regulatory acts:
- Civil Code of the Russian Federation (hereinafter – the Civil Code);
- RF Law dated February 7, 1992 No. 2300-1 “On Protection of Consumer Rights” (hereinafter – the RFP);
- Resolution of the Government of the Russian Federation of September 27, 2007 No. 612 “On approval of the Rules for the sale of goods by remote means” (hereinafter referred to as the Rules).
The remote method of selling goods differs from others primarily in that the buyer cannot make acquaintance with the product personally before making a purchase, but selects it only from the description and pictures placed in the form of photographs or video files on the online stores. So, what can you encounter when buying things online?
1. Information about the product is not fully presented or false information is posted.
In accordance with clause 8 of the Rules, the seller must, before concluding a retail sale contract, provide the buyer with information:
- about the basic consumer properties of the goods;
- the address (location) of the seller;
- about the place of manufacture of the goods;
- full name of the seller;
- about the price and conditions of purchase of goods;
- about its delivery;
- about service life, shelf life and warranty period;
- on the order of payment for the goods, as well as on the period during which the proposal to conclude a contract is valid.
As a rule, this information is indicated on the website of the online store and, of course, in the documents for the goods, which the seller sends to the buyer.
In accordance with paragraph 4 of Art. 497 of the Civil Code of the Russian Federation, unless otherwise provided by law, prior to the transfer of goods, the buyer has the right to refuse to execute the retail sale contract, subject to the seller being reimbursed for the necessary expenses incurred in connection with the performance of actions to execute the contract. In addition, paragraph 4 of Art.
26.1 STDs established the consumer’s right to refuse goods at any time before receiving it, and also within 7 days after receipt – without giving a reason. At the same time, in the case when information on the procedure and deadlines for returning goods of good quality was not provided in writing at the time of delivery of the goods, the buyer has the right to refuse the goods within 3 months from the moment of their transfer.
For example, you bought a baby car seat, and the documents do not specify the period during which you can refuse to purchase, then you can return it within 3 months if it did not fit your baby.
IT IS IMPORTANT! Remember, the return of a quality product is possible if its presentation, consumer properties, and a document confirming the fact of purchase (cash receipt) are saved. Although the absence of such a document does not preclude you, as a buyer, from invoking other evidence of purchase from the seller.
However, if the buyer refuses the goods, the seller must return the money paid to him minus the seller’s expenses for delivering the goods returned by the buyer no later than 10 days from the date the buyer presented the relevant requirement.
2. You brought a product different from what you ordered
As is known, with distance trading, goods are delivered to the buyer in various ways:
With self-delivery, of course, this problem will not arise, however, upon delivery of goods by mail or courier, this is possible and quite often happens. So, if the product is clearly different from what you ordered, you can refuse it without giving reasons as in the previous case, without making a purchase. For example, you ordered a red jumpsuit for your child, and you brought a pink one.
You can refuse it. You can also refuse the goods even if the seller does not transfer or refuses to give you the goods or documents relating to the goods.
3. The product did not fit in size, color, style or other properties.
In the case of purchasing goods remotely, the buyer’s right to demand the exchange of a quality product for a similar product of a different color, size, style, etc. cannot be fulfilled due to the impossibility of observing the exchange rules established by art. 502 of the Civil Code of the Russian Federation, since it is possible to exchange quality goods only at the place of purchase or at another stationary point of sale of the seller.
That is, if you bought a product remotely, then you can “exchange” it only by refusing an inappropriate product and placing a new order afterwards.
4. The price of goods was higher than indicated on the website.
It should be noted that after the buyer has agreed to purchase the goods and the seller has confirmed the order to purchase the goods, the seller is not entitled to unilaterally change the terms of the contract, including its price. If this happens at the initiative of the seller, you are entitled to insist on selling the goods at the price at which you placed the order.
5. You are not given a check.
Payment in online stores is carried out in different ways:
- courier cash;
- mail transfer;
- using a bank card;
- electronic money.
In accordance with clause 20 of the Regulations, an agreement is concluded from the moment the seller issues a cash or sales receipt or another document confirming payment for the goods to the buyer, or from the moment the seller receives the buyer’s intention to purchase the goods.
However, in the case of making a purchase in the online store, the need to issue a cashier’s check creates some difficulties for the seller. The seller must either provide each courier with such a portable cash register machine, or prepare checks in advance and send them through the courier along with the goods.
If the seller, in violation of the law, did not give you any proof of payment for the goods, you can refuse to purchase. But if you ignored the fact that you did not issue proof of purchase to you, in the future it will be problematic to file a claim to the seller, given that you will have to prove the fact of the purchase.
6. You imposed additional services
Clause 7 of the Rules states that the seller is not entitled to perform additional work (to render services) for a fee without the consent of the buyer. But sometimes, contrary to the requirements of the law, the seller includes additional services in the check. In this case, you are entitled to refuse to pay them.
If they are paid by mistake, then you can ask the seller to return the amount paid. For example, if you buy home appliances, the seller must warn you in advance that connecting them requires expert help from a specialist.
And you can contact another company to connect.
7. The product was poor quality
In accordance with paragraph 27 of the Rules, if the goods are transferred to the buyer in violation of the terms of the contract regarding the quantity, range, quality, completeness, packaging and (or) packaging of the goods, the buyer may notify the seller of these violations within 20 days after receiving the goods . If there are defects in the goods for which no warranty or expiration dates have been established, the buyer has the right to make claims regarding the 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 law or contract.
After receiving a defective product in accordance with paragraph 28 of the Rules, the buyer is entitled to request:
- elimination of deficiencies of the goods or reimbursement of expenses for their free correction by the buyer or a third party;
- a commensurate reduction in the purchase price;
- replacements for goods of a similar brand (model, article) or for the same product of another brand (model, article) with a corresponding recalculation of the purchase price. Or the buyer may refuse to perform the contract and demand the return of the amount paid for the goods.
In case of cancellation of the contract, the seller must return the amount paid for the goods. If it is not returned to the buyer at the same time as the return of the goods, then in accordance with paragraph 34 of the Rules, the said amount is returned by the seller with the consent of the buyer in one of the following ways:
- cash at the location of the seller;
- mail transfer;
- by transferring the corresponding amount to the bank or another account of the buyer specified by the buyer.
The cost of the refund of this amount shall be borne by the seller.
IT IS IMPORTANT! With regard to technically complex and expensive goods, these requirements of the buyer are subject to satisfaction in case of detection of significant shortcomings.
It is important to remember that when returning a defective product, the buyer’s lack of a check or other document confirming the fact and conditions of the purchase of the goods does not preclude him from invoking other evidence of purchase from the seller.
In the event of a request for the replacement of a defective product, the seller must replace such product within 7 days from the date of the specified request, and if necessary, additional verification of the quality of such goods by the seller – within twenty days from the date of the request.
If the replacement of goods takes more than 7 days, at the buyer’s request, the seller within three days from the date of the request for replacement of goods is obliged to provide the consumer with temporary essential goods for the period of replacement for the period of replacement, having the same basic consumer properties, ensuring his delivery for his score. However, this rule does not apply to certain types of goods:
- cars, motorcycles and other types of motorcycles, trailers and license plates for them (except for goods intended for use by the disabled), pleasure boats and floating craft;
- household appliances used as toilet articles and for medical purposes (electric razors, electric shaving curlers, electric curlers for hair, medical electric reflectors, heating pads, electric gauges, electric pathways, electric blankets);
- household appliances used for heat treatment of food and cooking (household microwave ovens, electric furnaces, toasters, electric boilers, electric kettles, electric heaters and other goods);
- civilian weapons, the main parts of civilian and service firearms.
Moreover, for violation of the deadlines for the elimination of deficiencies, the deadlines for the replacement of defective goods, other deadlines provided for in Art. Art. 20, 21 and 22 of STDs, as well as for non-fulfillment (delay in fulfillment) of the buyer’s requirement to provide him for the period of repair (replacement) of a similar product, the seller pays the latter for each day of delay a penalty (penalty) in the amount of one percent of the price of goods.
So, if you buy, for example, a stroller in an online store, you find that it has a breakdown, then you can use the above rights to restore justice to your purchase.
8. Your data provided to the seller was available to third parties.
According to Art. 9 of the Federal Law “On Personal Data”, the processing of personal data is carried out only with the consent in writing of the subject of personal data, i.e. the buyer. The written consent of the subject to the processing of his personal data should include:
- surname, name, patronymic, address of the subject of personal data, the number of the main document proving his identity, information on the date of issue of the specified document and the issuing authority;
- the name (surname, name, patronymic) and address of the operator who obtains the consent of the subject of personal data;
- purpose of processing personal data;
- a list of personal data for the processing of which the consent of the subject of personal data is given;
- the list of actions with personal data for which consent is given, a general description of the methods used by the operator for processing personal data;
- the period during which the consent is valid, as well as the procedure for its withdrawal.
If the online store website has a consent form for the processing of personal data and you did not fill it out or it was completely absent from the site, then the seller does not have the right to process your personal data. It often happens that, before making a purchase, it is necessary to provide consent to the processing of personal data. And after the purchase, advertisements for goods and services from unfamiliar sites do not cease to arrive at your email address.
In this case, if you agreed to the processing of personal data by the seller, you need to withdraw this consent.