Protection of consumer rights during retail sale. Features of the retail sale contract. Protection of consumer rights as part of such a contract retail sale sale Features of consumer protection

Features of execution of the seller's responsibility to betray a quality product under the retail sales contract.

The quality of the goods must comply with the Agreement, and if in accordance with the procedure established by law, there are mandatory requirements for the quality of the goods sold, the seller who carries out entrepreneurial activity is obliged to transfer the goods to the buyer that meets these mandatory requirements. At the same time, by agreement of the parties, the seller can transfer a product that meets the increased quality requirements compared to the mandatory requirements established in the procedure provided by law.

In the absence of the contract for the sale and purchase of the terms of the quality of goods, the seller must be guided by the usual requirements.

In the case of the sale of goods inadequate quality, the buyer arises a number of opportunities established by Art. 503 GK and Art. 18 of the Law on the Protection of Consumer Rights. He has the right to demand in his choice:

or replacement of poor quality goods in good quality goods;

or commensurate reducing the purchase price;

or immediate gratuitous elimination of the flaws of the goods;

or reimbursement of expenditures to eliminate the shortcomings of goods;

or termination of the contract with the return of the purchased price paid.

All of the specified requirements of the buyer are subject to satisfaction only if the seller did not comply with the conclusion of the contract, which sells goods with disadvantages. In some cases, such a reservation may appear from the very nature of the sale (selling in special stores or separated goods, goods, used).

The buyer is obliged to pay for the goods at a price announced by the seller at the time of the conclusion of a retail sale contract. If the act of sale of sales is issued in writing, all essential conditions (subject and price) should be accurately and clearly described in a model of a retail sale agreement.

that the buyer under the retail sale agreement can not directly participate in the definition of the price of the goods. The buyer to whom the goods are sold at a higher price than others, has the right to demand the recognition of a contract of retail sale by invalid, and the parties are returned to the initial position.

The buyer has the right before the conclusion of the retail sale agreement to inspect the goods, to require conducting the properties or demonstration of product use in its presence, if it is not excluded due to the nature of the goods and does not contradict the rules adopted in retail.

41. The seller's share is to provide information on the product under the retail sales contract: the order of execution and consequences of the violation.

Even before the conclusion of the Agreement, the Seller must provide the Buyer with the necessary and reliable information about the product complies with the established law, other legal acts and usually imposed on retail trade requirements and methods for providing such information. The buyer has the right before the conclusion of the contract inspect the goods, to require the presentation of the properties or demonstration of the use of the goods in its presence, if it is not excluded due to the nature of the goods and does not contradict the rules adopted in retail. If the buyer is not given the opportunity to immediately get information about the product at the place of sale, he is entitled to demand from the seller of damages caused by unreasonable evasion of the conclusion of the retail sales contract (clause 3 of Article 495 of the Civil Code), and if the contract is concluded, - in reasonable The term to abandon its execution, demand the return of the amount paid for the goods and compensation for other losses. The seller who did not provide the buyer with the opportunity to receive relevant product information is responsible for the disadvantages of goods arising after his transfer to the Buyer for whom the buyer will prove that they arose in connection with the lack of such information (Art. 495 of the Civil Code).

The retail sales contract is a contract by which the seller undertakes to transfer a thing to the buyer to use not related to entrepreneurial activities.

The contract is a consensus, mutual, compensable, public, bilateral.

The contract is public - this means that the seller undertakes to sell the thing an indefinite circle of individuals and is not entitled to someone to refuse.

Parties to the contract: the seller is an individual entrepreneur,

buyer - any citizen.

The subject: things that are not seized from civil turnover, as defined by generic signs, and individually determined, and can also be both existing things and created in the future.

Significant conditions: price, subject.

Price: Installed by the seller for all buyers equally.

The non-payment of the buyer of goods on time is recognized as a buyer's refusal from the execution of the contract, unless otherwise provided by the Agreement of the Parties.

Term: determined by the parties themselves, but it can be concluded with the condition of accepting goods by the Buyer within a certain period.

Form: consists orally between citizens in the amount of less than 10 minimum wages. The retail sales contract is considered to be concluded in the appropriate form since issuing the seller to the buyer of a cash or commodity check or other document confirming the payment of goods. The lack of the buyer of the specified documents does not deprive it with the opportunity to refer to testimony in confirming the conclusion of the contract.

Types of retail sales contracts:

1) Sale of goods with the condition of accepting goods by the Buyer within a certain period (Art. 496 of the Civil Code of the Russian Federation). The seller is not entitled to realize the goods to another person on time defined by the contract. The non-appearance of the buyer to a specified period means his refusal to enter into an agreement, unless otherwise provided by the contract. In this case, the price of goods includes the cost of the merchant for maintaining goods in proper form;

2) sale of goods according to the samples (Art. 497 of the Civil Code of the Russian Federation). The contract can be concluded on the basis of familiarizing the buyer or by directory or description. The contract is considered to be executed at the time of delivery of goods in place specified in the Buyer's application, and if it is not specified, then the location of the buyer;

3) Sale of goods using automata (Art. 498 of the Civil Code of the Russian Federation). The owner of the automaton is obliged to bring information about the seller, products and actions that need to be made to receive goods by placing information on the machine or in other way. The contract is considered to be concluded from the moment the buyer is committed by the necessary actions;

4) Sale of goods with the condition of delivery (Art. 499 of the Civil Code of the Russian Federation). When concluding a contract, the seller undertakes to deliver the goods to the specified place and transfer the said person. The contract is considered to be fulfilled from the moment its presentation by the Buyer under the presentation of a receipt of either another document on the conclusion of the contract.

Rights of the parties: the buyer has the right to exchange goods of proper and improper quality, and the seller will exchange the goods of inappropriate quality.

Responsibilities: The seller is obliged to transfer the goods with documents, in a certain place, in a coordinated quantity, assortment, completeness, quality, and so on, and the buyer is to pay for the goods. The seller must provide the Buyer with the necessary and reliable information about the product, proposed for sale that meets the established law, other legal acts and usually imposed in retail trade in the requirements for the content and methods of providing such information. Prior to the conclusion of the retail sales contract, the buyer has the right to inspect the goods, to require the presentation of the properties or demonstration of the use of the goods in its presence, if this is not excluded due to the properties of the product and does not contradict the rules adopted in retail.

Protection of consumer rights in retail sales and sale. Under the terms of the retail sales contract, the seller is obliged to transfer the goods to the buyer, which fully corresponds to its sample or description, and the quality of which corresponds to the information provided to the Buyer at the conclusion of the contract.

If the goods are purchased inadequate quality, provided that it was not agreed by the seller, the buyer (consumer) in accordance with Art. 18 of the Law "On Protection of Consumer Rights" and Art. 503 of the Civil Code of the Russian Federation has the right in its choice of demand:

• replacement of poor quality goods in good quality goods;
• proportionate to reducing the purchase price;
• immediate gratuitous elimination of the flaws of goods;
• reimbursement of expenditures to eliminate the shortcomings of goods.

In case of detection of flaws of goods, the properties of which do not allow them to eliminate them (food products, goods of household chemicals, etc.), the buyer in its choice is entitled to demand the replacement of such a product to a product of proper quality or commensurate reducing the purchase price.

In the preamble of the law "On the Protection of Consumer Protection", signs of attributable deficiencies are indicated: Fine shortcomings or such that cannot be eliminated without disproportionate expenses or time costs, or are revealed repeatedly or which appear again after eliminating, or other similar shortcomings.

Specifications specified in the legislation must be guided in each particular case when solving the question of attributing a lack of substantial detected in the product. In the event of a dispute, there is an expertise on this issue in the manner prescribed by the law "On the Protection of Consumer Rights" (paragraph 5 of Article 18 of the Civil Code of the Russian Federation). If necessary, the dispute is solved in court.

If the expertise of the goods found that its disadvantages arose due to the circumstances for which the seller does not respond (manufacturer), the buyer (consumer) is obliged to reimburse the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importance of expertise expertise, as well as related With CE conducting the cost of storage and transportation of goods.

It should be borne in mind that the delivery of bulky goods and goods weighing more than 5 kilograms for repair, markdowns, replacements and (or) return to the buyer (consumer) is carried out by the forces and at the expense of the seller (manufacturer, an authorized organization or an authorized individual entrepreneur, importer).

The lack of the seller (consumer) of the cash or commodity check or other document certifying the fact and the conditions for the purchase of goods is not a basis for refusing to satisfy its requirements.

The consumer has the right to present the requirements provided for by the law or manufacturer regarding the deficiencies of the goods if they are detected during the warranty period or the shelf life established by the manufacturer (Article 19 of the Law "On Consumer Rights Protection"). In relation to the goods to which the warranty period or the expiration date are not established, the consumer has the right to present these requirements if the disadvantages of goods are found within a reasonable period, but within two years from the date of transfer to their consumer, if longer than last time is not established by law or contract. For seasonal goods (shoes, clothing and others), these deadlines are calculated from the moment of the occurrence of the corresponding season, the time of the onset of which is determined according to the subjects of the Russian Federation on the basis of the climatic conditions of the location of consumers.

In accordance with Art. 20 of the law "On the Protection of Consumer Rights" The shortcomings found in the product should be eliminated by the manufacturer (the seller authorized by the organization or an authorized individual entrepreneur, the importer) immediately, if a different deadline for the deficiencies of goods is not determined by the Agreement of the Parties in writing.

For long-term goods, the buyer has the right to demand the provision of free of charge for a three-day period for the repair period similar goods. In art. 21 of the Law "On Consumer Protection" defined deadlines to replace the goods of improper quality. Thus, as a general rule, in the event of a consumer detection, the deficiencies of the goods established the obligation to replace such goods within the seven-day period from the date of the consumer's relevant requirement; If an additional quality check is required by the seller - within 20 days from the date of presentation of such a claim. In the absence of the seller the necessary for the replacement of goods on the day of the presentation, the replacement of such goods must be carried out within a month from the date of presentation of the specified requirement.

Moreover, the goods of improper quality should be replaced with a new product that has not been used.

Other consumer requirements (in particular, a commensurate decrease in the purchase price of goods, reimbursement of costs to correct the deficiencies in goods by the consumer or a third party, the return of the money paid for the goods, as well as the compensation of losses caused to the consumer due to the sale of the goods inadequate quality) to be satisfied during 10 days from the date of presentation of the relevant requirement (Art. 22 of the Law "On Protection of Consumer Rights).

36. Delivery contract: concept, essential conditions, content. The contract for the supply of goods for state and municipal needs: grounds and procedure for concluding, features of content and execution.

Under the supply contract, the Seller's supplier who makes entrepreneurial activities undertakes to convey due to the term or deadlines or purchased goods to the buyer for use in business or for other purposes that are not related to personal, family, home and other similar use.

Characteristics of the contract: consensual, bilateral, compensated.

The subject is things that are not withdrawn from civil turnover.

Subjects of the transaction can be any subjects of civil legal relations.

Parties to the contract - a provider-seller, carrying out entrepreneurial activities and the buyer - any citizen.

The form of the contract is subject to the general rules: oral, written simple, or notarized.

Term: during the term of the contract, the delivery of individual batches or uniform batches is monthly or on schedule (decada, daily, hour and so on).

Substantial terms of contract: term and subject (product).

The amount of goods is determined in units of measurement or in monetary terms. If the conditions for the product are not agreed, the contract is considered not concluded.

The range of goods is coordinated by the parties. If it is not installed, then the range arises from the essence of the obligation, i.e. the goods should be in the assortment when taking the usual interests of the buyer.

The price of goods is determined by the contract of delivery or can be determined on the basis of its conditions. The price can be established depending on the weight of the net or may vary depending on the indicators that cause the price of the goods (cost, costs, etc.).

The price is determined on the basis of the ratio of these indicators at the time of the conclusion of the contract and at the time of the transfer of goods. The supply contract defines the procedure for the supply of goods. The goods shipped (transmitted) to the Buyer, which is a party to the supply contract, or the person specified in the contract as a recipient.

Supply Agreement may provide for the buyer's right to give a supplier of shipping guidelines (transmission) of goods to recipients specified in the shipping discharge. The content of the shipping discharge and the term of its direction by the buyer the supplier is determined by the contract. If the direction of the direction of such a shipping discharge is not determined by the contract, it should be sent to the provider no later than thirty days before the delivery period. If the buyer does not submit a shipping discharge within the set deadlord, the supplier has the right to either refuse to execute the delivery contract, or to demand from the buyer of payment of goods In addition, the supplier has the right to demand compensation for damages caused in connection with the failure of the shipping discharge.

When concluding a contract, the seller undertakes to deliver the goods to the specified place and transfer the said person. The contract is considered concluded from the moment its to the buyer who presented a receipt or a different document on the conclusion of the contract, unless otherwise follows from the contract or the essence of the obligation. If the period is not determined, the goods must be transferred within a reasonable time from the moment the buyer has a transfer claims.

Seller's right:

1) transfer the goods to the buyer the goods established by the contract, in the absence of such a term within a reasonable period or seven-day period after the presentation of the requirements;

2) Transfer of goods free from the rights of third parties, unless otherwise provided by the contract.

Buyer's duties:

1) accept the goods if he does not have the right to demand a replacement or refusal to execute the contract;

2) The buyer is obliged to pay the goods at a price that is presented under comparable circumstances to similar goods.

The risk of random death and accidental damage to the goods goes to the buyer from the moment the seller fulfilled its obligation to transfer the goods to the buyer. The risk of random death and accidental damage to the goods sold during his location is moving to the buyer from the date of the conclusion of the wholesale purchase agreement.

The contract of deliveries for state needs is called the Treaty on the transfer of goods to the buyer intended for state needs, concluded by the Supplier on the basis and in pursuance of a state contract.

The main distinguishing feature is a particular purpose of the use of goods, namely, their purchase for state needs, including a state reserve.

Delivery contract for state needs is:

1) consensual;

2) compensated - the basis of the fulfillment of the obligation to transfer the goods is to obtain counter satisfaction in the form of a purchase price, and vice versa;

3) mutual - the presence of subjective rights and obligations in both parties to the contract of supply for state needs.

Supplier - entrepreneur.

State Customer-approved federal executive authorities, federal state enterprises or government agencies, approved by the Government of the Russian Federation.

Buyer, any legal entity.

The subject of the contract is any products purchased for use in economic purposes, in the CO ISLE for business activities. Purchase according to state contracts of foreign goods is not allowed.

The form of the contract is written, concludes by signing by the parties to one document.

A significant condition for the contract of supply for state needs is the term.

Rights and obligations of the Supplier:

1) the conclusion of the contract of supply for state needs;

2) for the delay in supply or short-supplying goods under the state contract to pay a penalty in the amount of 50% of the cost of non-added products and compensate;

3) the transfer of goods: a) by shipping them to the buyer or by providing goods to the buyer at the location of the supplier;

b) together with accessories and documents related to the product;

c) in a certain amount;

d) in a consistent assortment;

e) appropriate completeness and complete, if such is provided;

e) set quality;

g) free from the rights of third parties;

h) in container and packaging.

The rights and obligations of the State Customer:

1) obliged to accept the goods; 2) must attach to the buyer's supplier; 3) it is obliged to pay for the goods; 4) to make a guarantor for the obligation of the buyer to pay the goods.

Rights and obligations of the buyer:

1) is obliged to accept the execution proposed by the supplier; 2) has the right to refuse to enter into an agreement by the cavity or partially; 3) Pay for the goods if the delivery is made according to a separate supply contract.

thesis

1.2 Rights and Responsibilities of Parties under the Retail Sales Treaty

Buyer (consumer) is a citizen who has intent to order or acquire either ordered by or using goods (work, services) exclusively for personal (household) needs not related to profit extraction.

The buyer's duties include:

1. According to Art. 500 Civil Code of the Russian Federation. The buyer is obliged to pay the goods at a price announced by the Seller at the time of the conclusion of a retail sales contract, unless otherwise provided by law, other legal acts or does not flow out of the essence of the obligation. If it comes to installment payment, then at any time set by installments. An exception to this rule is a prepayment of goods, if this condition is established by the Seller.

2. The buyer is obliged to accept the goods, except when the buyer intends to exchange it or refuse to execute the retail sales contract in accordance with the provisions of the third Civil Code of the Russian Federation. 3. Notify the seller about violating the terms of the contract of sale on assortment, quality, completeness, container and (or) on the packaging of the goods in the period provided for by law, other legal acts or the treaty (Article 483 of the Civil Code of the Russian Federation). In case of non-fulfillment of this rule, the seller has the right to refuse to fully or partially meet the requirements of the buyer on the transfer of the missing amount of goods, the replacement of goods that does not comply with the terms of the contract of sale on quality or about the assortment, to eliminate the shortcomings of goods, about the mercy of the goods or the replacement The incomplete goods are completed, about raising and (or) about packing goods or about replacing the inadequate packaging and (or) packaging of goods, if you prove that failure to comply with this rule by the Buyer entailed the inability to satisfy his requirements or entails the seller incommensurable expenses compared to those that He would carry if it was timely notified of the violation of the Treaty of Sukhanov E.A. Civil law t. Tom 3: Commitent law: Tutorial for university students. - M.: Volters Clever, 2011. - 798 p. .

4. Attract the seller to participate in the case, if the third person on the basis that arose before the execution of the contract of sale will present the claim to the buyer about the seizure of the goods (Article 462 of the Civil Code of the Russian Federation). Unaccounted by the buyer of the Seller to participate in the case frees the seller from responsibility to the buyer, if the seller proves that, by taking part in the case, he could prevent the removal of the goods sold from the buyer. 5. The buyer is obliged to compensate the difference in the product of improper quality when it is replaced by a similar, but other in size, style, variety or other features.

Buyer's rights:

1. Inspect the goods, before the conclusion of the retail sales contract, if it is not excluded due to the nature of the goods (Article 495 of the Civil Code).

2. To require in its presence verification of properties or demonstrations of the use of the goods, before the conclusion of a retail sales contract, if it is not excluded due to the nature of the goods and does not contradict the rules adopted in the retail trade (Article 495 of the Civil Code).

3. Exchange purchased goods at the place of purchase and other places declared by the Seller, to similar goods of other size, forms, dimensions, shapes, coloring or configuration for fourteen days from the moment of the transfer of non-food goods to him (Article 502 of the Civil Code and Article 25 of the Law "On the protection of consumer rights"). In the absence of goods required to exchange the seller, the buyer has the right to return the purchased goods to the seller and get the amount paid for him. This right applies to all non-food products with the exception of the list of goods specified in the Decree of the Government of the Russian Federation of January 19, 1998 N 55.

4. To demand compensation between the price of the goods established by the retail sales contract, and the price of the relevant product at the time of satisfaction of his requirement, when returning the seller of inadequate quality (Article 504 of the Civil Code).

5. To require the provision of necessary and reliable information about the manufacturer and the seller, the mode of its work and the goods implemented by him.

The seller is an organization regardless of its form of ownership, as well as an individual entrepreneur, implementing goods to consumers under the contract of sale in accordance with the Law of the Russian Federation "On the Protection of Consumer Rights".

Responsibilities of the Seller:

1. The seller is obliged to transfer the goods to the buyer, provided for by the contract of sale. (Article 456 of the Civil Code).

The goods must be transmitted due to the place. Only after payment, but also the parties to the contract can agree on the delivery of goods to the place specified by the buyer ie This is either a residence permit, if it comes to a citizen or a location, if it comes to a legal entity. Be sure the seller is obliged to hand or provide the goods to the buyer. (Art.499 GK).

According to Art. 456 of the Civil Code of the Russian Federation if otherwise not provided for by the contract of sale, the Seller is obliged simultaneously with the transfer of the thing to transfer its accessories to the buyer, as well as the documents related to it (technical passport, certificate of quality, instruction manual, etc.) provided for by law, other legal acts or contract. And only in the prescribed quantity.

The seller is obliged to transfer the goods in full completeness or a set of goods if the provisions of the contract are stipulated by such conditions. The moment of execution is the transfer of all components - set quality. The goods offered to the buyer must comply with the quality determined by the retail sales contract and established by state standards for the relevant goods. If the seller, at the conclusion of the contract, was informed by the Buyer to be obvious about the specific purpose of acquiring goods, the Seller is obliged to transfer a commodity to the buyer suitable for use in accordance with these goals.

Another integral part of the seller's obligations to the buyer is the transfer of goods, which is free from the rights of third parties or from claims at the time of direct transmission, an exception is the case if the buyer agrees to accept such goods. The goods sold should be packaged, it is carried out by the seller or manufacturer. Packaging and packaging, as a general rule, is provided to the buyer for free, cases of containers (packaging) are established by the rules for the sale of individual species of food and non-food products. If the purchase contract does not define the requirements for the container and packaging, the goods should be packaged in a common method for such a product, and in the absence of such a method that ensures the safety of goods of this kind under normal storage and transportation conditions. 2. Provide the Buyer all the necessary and reliable information about the product that provides the possibility of the right choice of goods. Federal Law of January 9, 1996 N 2-FZ "On Amendments and Additions to the Law of the Russian Federation" On Protection of Consumer Rights ", establishes that information about goods must comply with:

Designations of standards that mandatory requirements must be complied with the goods;

Information about the main consumer properties of goods, and in relation to food - information about the composition (including the list of other food and food additives used in the process of the manufacture of other foods and food additives), weighing and on the volume of food calorics, the content of harmful content For the health of substances in comparison with the mandatory requirements of standards, as well as contraindications for use in individual diseases.

Price and conditions for the purchase of goods;

Warranty period;

Terms and conditions for the effective and safe use of goods; - service life or the shelf life of goods established in accordance with the law, as well as information on the necessary actions of the consumer upon the expiration of the specified terms and possible consequences at the failure of such actions, if the goods after the specified deadlines are dangerous to life, health and consumer property or become unsuitable for use on purpose;

Location (legal address) of the manufacturer (seller) and the location of the organization (organizations) authorized by the manufacturer (seller) to accept complaints from consumers and producing repair and maintenance of goods;

Information on certification of goods subject to mandatory certification;

Information about the rules for the sale of goods.

3. Provide the Buyer information about yourself as a manufacturer, artist and seller according to Art. 9 FZ "On Consumer Protection"

4. Before selling goods, the seller is obliged to demonstrate the goods at the request of the buyer for health and allow it to check it on its own.

5. The quality is required if this duty is directly established by the contract or regulatory legal acts. The verification procedure is established by regulatory acts and should not be distinguished by the order of verification by the seller from the buyer. (Article 474 of the Civil Code).

6. Rent from sale the product with an expired shelf life or service, or the product to which the shelf life or service must be imposed, but for some reason it is not installed. (Article 5 of the Law "On Consumer Protection").

Seller's right:

1. To establish an additional warranty period for the goods above the warranty period established by the manufacturer, or if the warranty period is not installed according to 5 tbsp. RF Law "On Consumer Protection".

2 to abandon the execution of the contract in the case of the non-appearance of the buyer (or the imperfects of them of other necessary actions) for the adoption of goods within a certain period (Article 496 of the Civil Code), non-payment by the buyer of goods within the prescribed period when the prior payment is established (Article 500 of the Civil Code), Buyer's refusal, accept and pay for the goods (Article 486 of the Civil Code), the non-existence by the buyer on the payment time if the goods were sold in installments (Article 489 of the Civil Code).

3. To require the buyer to accept the goods or refuse to execute the contract in cases where the buyer in violation of the law, other legal acts or purchase and sale agreements does not accept the goods or refuses to accept it (Article 484 of the Civil Code).

4. In accordance with Art. 486 of the Civil Code. The seller also has the right to demand payment for goods in case the goods were not paid by the buyer in a timely manner and possible interest according to Art. 395 GK. In case of non-payment of goods, the seller also require the return of unpaid purchases of Art. 488 of the Civil Code of the Russian Federation.

Summarizing all of the above must be said that there is no such type of legal relationship that could exist without clearly prescribed in the legislation of rights and obligations. The content of the legal relationship is the most important part and as can be seen from Chapter No. 2 of my pre-diploma course work, the content of the retail sales contract establishes a wide range of rights and obligations, which determines the reliable execution of the transaction.

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Under the retail sales contract The seller, which carries out the interest in the sale of goods to retail, undertakes to transfer the goods to the buyer, intended for personal, family, home or other use, not related to business activities (Art. 492 GK).

Along with general features inherent in the sale in general, retail sale and sale has a number of specific features:

1. subject composition This contract: always the seller is a commercial organization or a citizen-entrepreneur who carry out business activities for the sale of goods in retail; The most often the buyer is to enter into relationships to meet his personal household needs (the law on the protection of consumers and other legal acts adopted in accordance with it).
2. publicity This contract (Art. 426 of the Civil Code).
3. thing (The seller undertakes to transfer the goods to the buyer, intended for personal, family, home or other use that is not related to business activities).
4. prerequisite Responsibilities of the Seller (According to Art. 495 GK consists in providing the buyer with necessary and reliable information about the product, offered for sale).
5. price It is essential.

Being public, the retail sales contract may be concluded using public (Art. 437 GK). According to Art. 494 GK Offer in retail sales and sale of goods in his advertising, catalogs and descriptions of goods facing an uncertain circle of persons is recognized as a public offer if it contains all the essential conditions of the retail sales contract. Moreover, the placement of goods at the place of sale (on the shelves, in the shop windows, etc.) of goods, the demonstration of their samples or the provision of information about the goods sold (descriptions, catalogs, photographs of goods, etc.) is recognized as a public offer regardless of whether Are the price and other substantial conditions of the retail sales contract, except for the case when the seller clearly determined that the relevant goods are not intended for sale.

The subject is a product intended for personal, family, home or other use that is not related to entrepreneurial activities. In other words, the goals for which the goods are purchased should be exclusively personal (domestic). In this regard, the Citizen is not a consumer, acquiring goods for organizations and by their account in order to use these goods in production, as well as ordering for organizations for their work account, services for the same purposes (for example, the acquisition of the camera to work in the publishing house or Editors, etc.). Therefore, as a general rule, the subject of retail sales is such goods that are purchased for relationships in order to meet personal, family, home and other needs that are not related to the implementation of entrepreneurial activities, as well as in relations arising in connection with the acquisition by a citizen-entrepreneur goods, fulfillment of work for him or the provision of services not for personal, family, domestic and other needs, but for business activities or in connection with the acquisition of goods, work and service activities in order to meet the needs of enterprises, institutions, organizations (see . 1 Resolutions of the Plenum of the Armed Forces of the Russian Federation of September 29, 1994 No. 7 "On the practice of consideration by the courts to protect the rights of consumers").

The form of this contract varies depending on the circumstances under which it consists. In the case when the Buyer joins the conditions of formulas or other standard forms proposed by the Seller, it should be recognized that the Agreement is in writing. In addition, it should be noted that such a contract acquires the features of the attachment agreement (in Art. 493 of the Civil Code, a direct reference is made to Art. 428 GK).

If the law or contract of retail sales has not established special rules regarding the form, the retail sales contract is considered to be concluded in the appropriate form from the moment the seller is issued by the buyer of a cash or commodity check or other document confirming the payment of goods (Art. 493 of the Civil Code). Consequently, as a general rule, such an agreement is orally. The most common way of retail trade - through the counter - is the oral form of this contract, since this is a typical deal in which the moment of its commitment and the moment of execution coincide (Art. 159 of the Civil Code). If the moment of the conclusion and execution of the retail sales contract does not coincide, it should be considered that a cash register or a commodity check or another document confirming the payment of goods and issued by the seller to the buyer, represent the written form of the contract (Article 161 of the Civil Code). But the lack of the buyer of these documents does not deprive it with the possibility of referring to testimony to confirm the conclusion of the contract and its conditions when entering into this agreement both in verbal and in writing (paragraph 1 of paragraph 5 of Article 18 of the Law on Consumer Rights Protection) .

Prerequisite obligations of the seller According to Art. 495 GK consists in granting the buyer of information about the product. The seller must provide the buyer with the necessary and reliable information about the product proposed for sale that meets the established law, other legal acts and usually imposed in retail trade requirements and methods for providing such information. The buyer has the right before the conclusion of the retail sales contract to inspect the goods, to require the presentation of the properties or demonstration of the use of the goods in its presence, if it is not excluded due to the nature of the goods and does not contradict the rules adopted in retail. In cases where the customer is a consumer, the action of Art is also applied to it. 8-12 Consumer Rights Protection Act.

From the point of view of the content, i.e. essential conditions, the buyer in accordance with paragraph 1 of Art. 500 GK is obliged to pay the goods at a price announced by the Seller at the time of the conclusion of a retail sales contract, unless otherwise provided by law, other legal acts or does not follow the obligations. Consequently, along with the subject of a significant condition of the contract of retail sale is the price.

Protection of consumer protection

Given the noted features of the contract of retail sale, the law establishes a number of additional protection of buyers' rights.

Protection of the rights of buyers, established by the Civil Code of the Russian Federation

In accordance with Article 502 of the Civil Code of the Russian Federationthe boiler has the right for 14 days from the moment of the transfer of a non-food product for 14 days, if a longer period is not declared by the seller, exchange purchased goods at the place of purchase and other places declared by the seller, to similar goods of other sizes, forms, dimensions, shapes, colors or configuration, By producing in the case of the difference in the price the necessary recalculation with the seller.

In the absence of goods required to exchange the seller, the buyer has the right to return the purchased goods to the seller and get the amount paid for him.

The requirement of the buyer about the exchange or about the return of goods is subject to satisfaction, if the goods were not used, its consumer properties were preserved and there are evidence of its acquisition from this seller.

The buyer has the right to exchange goods purchased to them ( art. 502.Civil Code ; art. 25 of the Law on Consumer Protection).

The implementation of this right is related to the need to comply with a number of conditions and requirements for both the goods exchanged and to the buyer (consumer). So, the goods should be: a) non-food (for food goods the right to exchange does not apply); b) high-quality (art. 503 of the Civil Code of the Russian Federation). The reason for the exchange should be various causes that are not related to product quality (size, shape, dimensions, style, color, equipment), not satisfying the buyer. The goods must save its consumer properties and should not be included in the list of goods not subject to exchange (return).

In turn, the buyer can implement this right: at the place of purchase of goods; On a 14-day term, from the moment of its transfer (or in other places and (or), at a longer period declared by the Seller), if he, firstly, did not use (did not use) the goods and, secondly, there is evidence of it Acquisition from this seller.

Article 25 of the Federal Law "On Consumer Protection" specifies the rules for returning the goods, fixing the following.

The exchange of non-food goods of proper quality is carried out if the specified product was not used, its freight look, consumer properties, seals, factory labels, and there is also a commodity check or cash receipt or other confirming the document of the specified product. At the same time, the absence of a consumer of a commodity or cash receipt or other confirming the payment of the product of the document does not deprive it with the opportunity to refer to testimony (paragraph 1 of Art. 25 of the Federal Law "On Consumer Rights Protection").

If the similar product is not available on the day of consumer's appeal to the seller, the consumer has the right to refuse to execute the contract of sale and demand the return of the amount paid for the specified goods. The consumer's demand for the return of the money paid paid for the specified goods is subject to satisfaction within three days from the date of return of the specified product (paragraph 2 of Art. 25 of the Federal Law "On Consumer Rights Protection").

However, not all goods of proper quality are subject to exchange according to the rules of Art. 502 of the Civil Code of the Russian Federation. The Government of the Russian Federation approved a list of goods not subject to exchange. According to the Decree of the Government of the Russian Federation of January 19, 1998 No. 55 as amended. dated October 4, 2012 "On approval of the rules for the sale of individual types of goods, a list of long-term goods, which does not apply to the buyer's requirement of gratuitous provision for the repair or replacement of similar goods, and the list of non-food goods not payable or exchanged On similar goods of other sizes, forms, dimensions, shapes, colors or configurations are not subject to exchange according to the rules of Art. 502 Civil Code of the Russian Federation, the following products: Sanitation and hygiene objects, rubber, textiles and other materials, medical instruments, instruments and equipment, oral hygiene products, lenses Points, Child care products, drugs; Personal Hygiene Items (Toothbrushes, Combs, Hairpins, Hair Curves, Wigs, Shignon and Other Similar Products; Perfume Cosmetic Products; Textile Products (Cotton, Linen, Silk, Woolen and Synthetic Fabrics, Products from nonwovens Tissue type - Ribbons , braid, lace and others); cable products (wires, cords, cables); construction and finishing materials (linoleum, film, carpet and other) and other goods released by a metro; sewing and knitwear (sewing and knitwear products, Circulatory products, etc.), etc.

The buyer has the right to protect his rights in the event of an acquisition goods of improper quality.

In the case of the sale of goods inadequate quality, the buyer has the right to demand:

- replacement of poor quality goods in good quality goods;

- proportionate to reducing the purchase price;

- immediate gratuitous elimination of the flaws of the goods;

- Reimbursement of expenditures to eliminate the shortcomings of goods.

Along with the above, the law enshrines the general rule, according to which, instead of preventing the requirements listed above, the buyer has the right to refuse to fulfill the contract of retail sale and demand the return of the amount paid for the goods (paragraph 4 of Art. 503 of the Civil Code of the Russian Federation).

With regard to a technically complex product, the buyer has the right to demand its replacement or refuse to fulfill the contract of retail sale and demand the return of the amount paid for the goods in the event of a significant violation of its requirements.

According to paragraph 6 of Art. 503 of the Civil Code These rules, if the laws of the protection of consumer rights are not established otherwise.

In turn, the Consumer Protection Act complements the rules of the Civil Code of the Russian Federation. Consumer rights when discovered in the product of the shortcomings are fixed in Art. 18 of the Law on the Protection of Consumer Rights. Let us dwell on them.

In accordance with paragraph 1 of Art. 18 of the Law on Consumer Protection Consumer In the event of detection in the product of shortcomings, the consumer (retail buyer) has the right to be the right:

require replacement for the goods of the same brand (the same models and (or) article);

to demand the replacement for the same product of another brand (model, article) with an appropriate recalculation of the purchase price;

require a commensurate decrease in the purchase price;

require immediate gratuitous elimination of the shortcomings of a product or reimbursement of consumer correction costs or a third party;

refuse to execute the contract of sale and demand the return of the amount paid for the goods.

At the request of the seller and at his expense, the consumer must return the goods with disadvantages. At the same time, the consumer has the right to demand also full compensation for damages caused to him due to the sale of goods inadequate quality. Losses are reimbursed within the deadlines established by the above law to meet the relevant requirements of the consumer.

A number of special rules are set to technically complex goods.

With regard to a technically complex product, the consumer in case of detection in it, the deficiencies have the right to refuse to execute the contract of sale and demand the return of the amount paid for such a product or to make the requirement to replace it with the goods of the same brand (model, article) or the same product. Marks (models, articles) with appropriate recalculation of the purchase price within fifteen days from the date of transfer to the consumer of such goods. After this period, the specified requirements are subject to satisfaction in one of the following cases:

detection of a significant drawback of goods;

violation of the deadlines for the deficiencies of goods established by this Law;

the impossibility of using the product during each year of the warranty period in the aggregate more than thirty days due to the repeated elimination of its various flaws.

The list of technically complex goods was approved by the Government of the Russian Federation of November 10, 2011 No. 924. Treatment of technically complex products: Cars passenger, motorcycles, scooters and vehicles with an internal combustion engine (with an electric motor) designed to move on public roads; tractors, motoblocks, motor-cultivators, machinery and equipment for agriculture with an internal combustion engine (with an electric motor); system units, stationary and portable computers, including laptops, and personal electronic computing machines; televisions, projectors with digital control unit; Digital photo and video cameras, lenses for them and optical photo and film equipment with a digital control unit; Refrigerators, freezers, washing and dishwashers, coffee machines, electrical and combined plates, electrical and combined winds, air conditioners, electric water heaters with an electric motor and (or) microprocessor automation, etc.

It should be paid to the fact that the Consumer Protection Act directly enshrines the rule that the absence of a cash register of a cash or commercial check or other document certifying the fact and the conditions for the purchase of goods is not a basis for refusing to satisfy its requirements (clause 5 Art. 18 FZ "On the protection of consumer rights").

Contract of delivery