Water heaters

Consumer under a retail purchase agreement. Rights and obligations of the parties under a retail purchase agreement

49. The rights of the buyer under the contract of retail sale.

Buyer (consumer) - a citizen who intends to order or purchase or ordering, acquiring or using goods (works, services) solely for personal (domestic) needs not related to making a profit (Law of the Russian Federation of February 7, 1992 "On Protection of Consumer Rights" as amended January 9, 1996).

Buyer's rights:

1. Inspect the goods before concluding a retail sale contract, if this is not excluded due to the nature of the goods (Article 495 of the Civil Code).

2. Demand to conduct in his presence an inspection of the properties or a demonstration of the use of the goods, before concluding a retail sale contract, if this is not excluded due to the nature of the goods and does not contradict the rules adopted in retail trade (Article 495 of the Civil Code).

3. Exchange the purchased product at the place of purchase and other places declared by the seller for a similar product of a different size, shape, dimension, style, color or configuration within fourteen days from the date of transfer of the non-food product to it (Article 502 of the Civil Code and Article 25 of the Law “Consumer Protection”). If the seller does not have the goods necessary for the exchange, the buyer has the right to return the purchased goods to the seller and receive the amount of money paid for it. This right applies to all non-food products, with the exception of the list of goods specified in Decree of the Government of the Russian Federation of January 19, 1998 N 55.

4. To demand compensation for the difference between the price of the goods established by the retail sale and purchase agreement and the price of the corresponding goods at the time of satisfaction of his demand, when returning the goods of inadequate quality to the seller (Article 504 of the Civil Code).

5. Demand the provision of the necessary and reliable information about the manufacturer and the seller, the mode of operation and the goods sold by him (Article 8 of the Law “On Protection of Consumer Rights”).

Article 503

1. The buyer, to whom goods of inadequate quality were sold, if its defects were not specified by the seller, at his choice, has the right to demand:

replacement of low-quality goods with goods of good quality;

proportional reduction of the purchase price;

immediate gratuitous elimination of defects in the goods;

reimbursement of expenses for the elimination of defects in the goods.

2. In case of detection of defects in the goods, the properties of which do not allow them to be eliminated (food products, household chemicals, etc.), the buyer, at his choice, has the right to demand the replacement of such goods with goods of appropriate quality or a proportional reduction in the purchase price.

3. With regard to a technically complex product, the buyer has the right to demand its replacement or refuse to fulfill the contract of retail purchase and sale and demand the return of the amount paid for the product in case of a significant violation of the requirements for its quality (Item 2 of Article 475).

1. The concept and features of the retail sale contract

Under a retail sale and purchase agreement, the seller carrying out entrepreneurial activity for the sale of goods at retail, undertakes to transfer to the buyer goods intended for personal, family, home or other use not related to entrepreneurial activity (Article 492 of the Civil Code).

Like the sales contract in general, the retail sales contract is bilateral, consensual and compensated. However, retail sale and purchase has a number of specific features. First of all, the subject composition of this agreement differs in specifics. On the side of the seller, there is always a commercial organization or a citizen-entrepreneur engaged in entrepreneurial activities in the sale of goods at retail. As for the buyer, it can be any subject of civil law.

At the same time, since the buyer is most often a citizen who enters into a relationship to satisfy his personal household needs, relations under a retail sale and purchase agreement with the participation of a buyer-citizen, not regulated by Chapter 2. 30, the Law of the Russian Federation "On the Protection of Consumer Rights" (hereinafter referred to as the Law on the Protection of Consumer Rights) and other legal acts adopted in accordance with it are applied. In this regard, paragraph 1 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of September 29, 1994 No 7 "On the practice of consideration by courts of cases on consumer protection" emphasizes that consumer protection legislation regulates relations between a citizen who intends to order or purchase or ordering, acquiring or using goods (works, services) solely for personal (domestic) needs, not related to making a profit, on the one hand, and an organization or an individual entrepreneur producing goods for sale to consumers, selling goods to consumers under a sales contract, performing work and providing services to consumers under a reimbursable contract, on the other hand. Therefore, the courts are not entitled to be guided by the legislation on the protection of consumer rights in resolving disputes arising from relations between citizens entering into contractual relations with each other in order to meet personal household needs, as well as from relations arising in connection with the acquisition by a citizen-entrepreneur of goods, performance for his work or the provision of services not for personal household needs, but for the implementation of entrepreneurial activities or in connection with the acquisition of goods, the performance of work and the provision of services in order to meet the needs of organizations.

Given the fact that entrepreneurs engaged in professional activities in the sale of goods at retail and economically weaker consumers enter into contractual relations for retail sale, another specific feature of this contract is the publicity of this contract. In this regard, the rules established by Art. 426 GK. The terms of a public contract that do not meet the specified requirements are void.

Being public, a retail sale contract can be concluded using a public offer, under which, in accordance with Art. 437 of the Civil Code is understood as a proposal containing all the essential terms of the contract, from which the will of the person making the offer is seen to conclude an agreement on the conditions specified in the proposal with anyone who responds. According to Art. 494 of the Civil Code, the offer by the seller in the retail sale of goods in its advertising, catalogs and descriptions of goods addressed to an indefinite circle of persons is recognized as a public offer if it contains all the essential terms of the retail sale contract. Moreover, the display of goods at the point of sale (on the shelves, in showcases, etc.), the demonstration of their samples or the provision of information about the goods sold (descriptions, catalogs, photographs of goods, etc.) at the point of sale is recognized as a public offer regardless of whether the price and other essential terms of the retail sale agreement are specified, unless the seller has expressly determined that the goods in question are not intended for sale.

Another specific feature of the retail sale contract is its subject matter. As is clear from the definition given in Art. 492 of the Civil Code, the seller undertakes to transfer to the buyer the goods intended for personal, family, home or other use not related to entrepreneurial activity * (219).

A specific feature of this agreement are also special requirements for its form. According to Art. 493 of the Civil Code, unless otherwise provided by law or the retail sale and purchase agreement, including the terms of the forms or other standard forms to which the buyer joins, the retail sale and purchase agreement is considered concluded in the proper form from the moment the seller issues the cash or sales receipt to the buyer or other document confirming payment for the goods. In the event that the buyer accedes to the conditions of the forms or other standard forms proposed by the seller, it should be recognized that the contract is concluded in writing. Such an agreement acquires the features of an accession agreement (in Article 493 of the Civil Code a direct reference is made to Article 428 of the Civil Code).

The most common way of retail trade - through the counter - is an oral form of this agreement, as this is a typical transaction in which the moment of its completion and execution coincide. In the event that the moment of making and executing the transaction do not coincide, it is necessary to be guided by the requirement of Art. 161 of the Civil Code, according to which transactions must be made in a simple written form. A cash or sales receipt or other document confirming payment for goods under a retail sale and purchase agreement, when the time of its conclusion and execution do not coincide, is a written form of the agreement. However, the buyer's lack of these documents does not deprive him of the opportunity to refer to testimonies in support of the conclusion of the contract and its conditions when concluding the contract, both orally and in writing (Article 493 of the Civil Code).

The specifics of the retail sale and purchase agreement is also manifested in the consolidation by law of the seller's pre-contractual obligations, which, according to Art. 495 of the Civil Code consists in providing the buyer with information about the product. The seller is obliged to provide the buyer with the necessary and reliable information about the goods offered for sale, in accordance with the established by law, other legal acts and the requirements usually imposed in retail trade on the content and methods of providing such information. The buyer has the right to inspect the goods even before the conclusion of the retail sale contract, to demand that the properties be checked in his presence or a demonstration of the use of the goods, if this is not excluded due to the nature of the goods and does not contradict the rules adopted in retail trade. Finally, the retail sale contract has specific features in comparison with the general rules on the sale and purchase in terms of content, i.e. essential conditions. The buyer in accordance with paragraph 1 of Art. 500 of the Civil Code is obliged to pay for the goods at the price announced by the seller at the time of the conclusion of the retail sale contract, unless otherwise provided by law, other legal acts or follows from the nature of the obligation. Therefore, along with the subject, the essential condition of the retail sale and purchase agreement is the price.

2. Features of protecting the rights of citizens-consumers under a retail sale contract

A consumer within the meaning of the Consumer Rights Protection Law is only such a citizen who acquires and uses goods solely for the purposes of personal consumption, and not for resale or use for profit. However, this does not mean at all that such a citizen cannot use them as tools of productive labor (a hay mower or a tractor, a metalworking machine or a truck). For the application of consumer protection legislation, it is only important that the fruits and income received by a citizen as a result of his productive labor cannot be considered as profit, i.e. one of the essential features of entrepreneurial activity.

A citizen is considered as a consumer if he not only acquires, uses goods, orders works (services), but also has the intention to purchase or order them. This means that certain provisions of the law must apply even before a contractual relationship arises between the parties. In other words, a number of norms of the law also apply to pre-contractual relations. This applies in particular to Art. 8-12 of the Consumer Protection Law, which govern the provision of information to consumers.

Obligations between manufacturers, sellers, performers and consumers arising from the acquisition or use of goods for personal (domestic) needs are not obligations of a strictly personal nature (with the exception of obligations arising from causing harm to the life and health of the consumer by goods, works or services of inadequate quality ), therefore, in particular, they do not stop with the death of a citizen-consumer (Article 418 of the Civil Code). Only such an organization or a citizen-entrepreneur that produces goods for sale to consumers can be recognized as a manufacturer. Therefore, the legislation in question cannot be applied if these persons prove that they produce products not intended for the consumer, or did not transfer consumer goods for sale.

The Consumer Protection Act regulated the system of fundamental consumer rights established by the "Guiding Principles for Consumer Protection" unanimously adopted by the UN General Assembly in 1985:

The right to purchase goods (works, services) of proper quality;

The right to safety of life and health of consumers;

The right to information about goods (works, services) and their manufacturers (executors, sellers);

The right to consumer education and the competent choice of the necessary goods (works, services);

The right to state and public protection of consumer rights;

The right to association of consumers in voluntary public organizations.

Of course, not all of these rights and not to the same extent receive civil law protection. In the future, only those civil law structures that are designed to provide increased security rights of consumers as participants in contractual relations.

In accordance with Art. 8-10 of the Consumer Rights Protection Law, the consumer has the right to demand the provision of the necessary and reliable information about the manufacturer (executor, seller), the mode of his work and the goods (works, services) he sells. This information in a visual and accessible form is brought to the attention of consumers when concluding sales contracts and contracts for the performance of work (rendering services) by the methods adopted in certain areas of consumer service, in Russian, and additionally, at the discretion of the manufacturer (executor, seller) , in the state languages of the subjects Russian Federation and native languages of the peoples of the Russian Federation.

Information about the manufacturer (performer, seller) includes the trade name (name) of the organization, its location and mode of operation. Information about the manufacturer (performer, seller) must also be brought to the attention of consumers when trading and other types of consumer services are carried out in temporary premises, at fairs, from stalls and in other cases, if trade, household and other types of consumer services are carried out outside a permanent place finding a seller (performer).

The manufacturer (executor, seller) is obliged to provide the consumer with the necessary and reliable information about the goods (works, services) in a timely manner, ensuring the possibility of their right choice. At the same time, for certain types of goods (works, services), the list and methods of bringing information to the consumer are established by the Government of the Russian Federation.

According to paragraph 2 of Art. 9 of the Consumer Rights Protection Law, information about goods (works, services) must contain:

Information about the quality and safety of goods, works or services;

Designations of standards, the mandatory requirements of which must comply with goods (works, services);

Information about the main consumer properties of goods (works, services);

Warranty period, if any;

Indication of the price and conditions for the acquisition of goods (works, services);

Rules and conditions for effective and safe use goods (works, services);

The service life or shelf life of goods (works), established in accordance with the Law on the Protection of Consumer Rights;

The location of the manufacturer (executor, seller) and the location of the organization (organizations) authorized by the manufacturer (seller) to accept claims from consumers and carry out repairs and Maintenance goods (work);

Information on the certification of goods (works, services) subject to mandatory certification, as well as on the rules for the sale of goods (performance of works, provision of services).

Information about goods (works, services) is brought to the attention of consumers in the technical documentation attached to goods (works, services), on labels, markings or in another way accepted for certain types of goods (works, services), and information on certification of goods ( works, services) is presented in the form of marking in accordance with the established procedure with a sign of conformity and indicating in the technical documentation information on certification.

According to paragraph 3 of Art. 495 of the Civil Code, the buyer, who is not given the opportunity to immediately obtain the necessary information about the goods at the place of sale, has the right to demand compensation from the seller for damages caused by unreasonable evasion from concluding a retail sale contract, and if the contract is concluded, within a reasonable time, refuse to execute the contract, demand refund of the amount paid for the goods and compensation for other losses. The seller, who did not provide the buyer with the opportunity to obtain relevant information about the goods, is also responsible for the defects of the goods that arose after its transfer to the buyer, in respect of which the buyer proves that they arose due to the lack of such information.

In Art. 12 of the Law on the Protection of Consumer Rights, the responsibility of the manufacturer (performer, seller) for improper information about the product (work, service), about the manufacturer (performer, seller) is established depending on the type of offense. If the provision is inadequate, i.e. unreliable or insufficiently complete information about the product (work, service), as well as about the manufacturer (performer, seller) resulted in:

Acquisition of a product (work, service) that does not have the properties necessary for the consumer - the consumer has the right to terminate the contract and demand full compensation for losses;

The impossibility of using the purchased goods (work, service) for its intended purpose - the consumer has the right to demand that he be provided with appropriate information within a reasonably short time. If the information is not provided within the agreed period, the consumer has the right to terminate the contract and demand full compensation for losses;

The occurrence of defects in the goods (work) after its transfer to the consumer - he has the right to present the seller (manufacturer) with the requirements provided for in paragraphs 1-4 of Art. 18 of the Consumer Rights Protection Law, and to the contractor - the requirements provided for in paragraph 1 of Art. 29 of this Law;

Causing harm to life, health and property of the consumer - he has the right to demand compensation from the manufacturer (performer, seller) in the manner prescribed by Ch. 59 of the Civil Code and Art. 14 of the Consumer Protection Act. Paragraph 1 of Art. 16 of the Consumer Protection Act provides general rule, according to which the terms of the contract that infringe on the rights of the consumer in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of consumer rights protection are recognized as invalid.

Losses incurred by the consumer as a result of the execution of the contract, in which there are conditions that violate the current legislation or are less favorable than those established by it, are subject to compensation by the manufacturer (seller, performer) in full. However, it is not necessary for the entire contract to be invalidated. If the contract could be executed without the inclusion of an invalid part in it, the invalid part of the transaction (contract) does not entail the invalidity of its other parts (Article 180 of the Civil Code).

According to paragraph 2 and paragraph 3 of Art. 16 of the Law under consideration, it is prohibited to condition the purchase of certain goods (works, services) on the obligatory purchase of other goods (works, services). This refers to the imposition on the consumer of goods "in a set", "order" or services "in a complex". The seller does not have the right to impose on the consumer the purchase of goods that are not a single assortment unit - a "set" in accordance with paragraph 1 of Art. 479 GK (a set of dishes or furniture). The addition of another additional product to the necessary consumer actually leads to an increase in the price of some goods (works, services) at the expense of others that are not in demand and cannot be sold in any other way. Such actions constitute "infringement" of the rights of consumers. On the other hand, the seller (executor) is prohibited from providing additional services for a fee without the consent of the consumer. The law in this case grants the right to a consumer who received such services without consent additional conditions, demand a refund of the amounts paid to the seller (executor).

3. Rights and obligations of the parties to the retail sale contract

According to Art. 454 and 492 of the Civil Code, the main obligation of the seller is to transfer the ownership of a thing (goods) to the buyer. The law imposes uniform requirements on the transferred thing in terms of its quality and completeness, and if things that are determined by generic characteristics are subject to transfer, also the quantity and assortment. At the same time, taking into account the peculiarities of the retail sale and purchase agreement, the Civil Code and the Consumer Rights Protection Law establish a number of additional guarantees for the protection of buyers' rights.

The quality of the goods must comply with the contract, and if, in accordance with the procedure established by law, there are mandatory requirements for the quality of the goods being sold, then the seller carrying out entrepreneurial activities is obliged to transfer to the buyer the goods that meet these mandatory requirements. At the same time, by agreement of the parties, the seller may transfer goods that meet increased quality requirements in comparison with the mandatory requirements established in the manner prescribed by law.

In the absence of conditions on the quality of the goods in the contract of sale, the seller must be guided by the usual requirements.

In the case of the sale of goods of inadequate quality, the buyer has a number of opportunities established by Art. 503 of the Civil Code and Art. 18 of the Consumer Protection Act. He may, at his option, demand:

Or replacement of poor-quality goods with goods of good quality;

Or a commensurate reduction in the purchase price;

Or immediate gratuitous elimination of defects in the goods;

Or reimbursement of expenses for the elimination of defects in the goods;

Or termination of the contract with a refund of the purchase price paid.

All these requirements of the buyer are subject to satisfaction only if the seller did not stipulate at the conclusion of the contract that he was selling the goods with defects. In some cases, such a clause may appear from the very nature of the sale (sale in special stores or departments of discounted goods, goods that were in use).

The buyer can present only one of the specified requirements. By general rule there is no condition for these requirements, however, the law establishes individual exceptions to this rule. So, the right to replace a defective product with a product of good quality in relation to a technically complex or expensive product * (224) can be exercised in case of a significant violation of the requirements for its quality (clause 1 of article 503 of the Civil Code, clause 1 of article 18 of the Law on Protection consumer rights). In relation to citizens-consumers, the list of such goods is approved by the Government of the Russian Federation * (225).

According to paragraph 3 of Art. 503 of the Civil Code, instead of presenting requirements for the replacement of a defective product with a product of good quality, a commensurate reduction in the purchase price, immediate gratuitous elimination of defects in the goods or reimbursement of expenses for their elimination, the buyer has the right to refuse to fulfill the contract of retail sale and demand a refund of the amount of money paid for the goods. In this case, the buyer, at the request of the seller and at his expense, must return the received goods of inadequate quality. When returning to the buyer the amount of money paid for the goods, the seller has no right to withhold from it the amount by which the cost of the goods has decreased due to the full or partial use of the goods, the loss of their presentation or other similar circumstances.

When selling to a consumer a product of inadequate quality, for which an expiration date is set, in accordance with paragraph 4 of Art. 18 of the Law on Consumer Protection, he can apply his claims only to the seller, and only if the defects were discovered within the expiration date. If these requirements are met, the seller is obliged to either replace the defective goods with goods of good quality, or accept such goods and return the amount of money paid to the consumer.

The requirements of the consumer are considered upon presentation of a sales or cash receipt, and for goods for which warranty periods are established, a technical passport or other document replacing it. In this regard, at the request of the consumer, the seller is obliged to issue him a sales receipt, cash receipt or other document certifying the fact of purchase. The refusal of the seller should be considered as a gross violation of consumer protection law and is the basis (subject to the appropriate conditions) for the imposition of sanctions established by Ch. IV of the said Law.

The retail sale contract for is concluded in writing, and the issued check or other document is a confirmation of compliance with the written form. But, Art. 493 of the Civil Code allows the consumer, in the absence of a receipt or other similar document, to prove the fact of concluding an agreement with the help of testimonies (Article 162 of the Civil Code; Part 1, Clause 5, Article 18 of the Consumer Rights Protection Law). In paragraph 5 of Art. 18 of the Law on the Protection of Consumer Rights establishes the obligation of the seller and the manufacturer (an organization that performs their functions on the basis of a contract) to accept goods with defects from the consumer. In our chain of stores, these functions are performed by TsPP LLC.

When they conduct a quality check to identify the causes of defects, the consumer is given the right to participate in the quality check of the goods. If a dispute arises about the causes of defects in the goods, the seller (manufacturer) is obliged to conduct an examination of the goods at his own expense. In case of disagreement of the consumer with its results, the latter has the right to challenge the conclusion of the examination in court.

The grounds for the release of the seller (manufacturer), as well as organizations performing their functions on the basis of the contract, from the obligation to satisfy consumer requirements are:

Firstly, violation by the consumer after the transfer of the goods to him of the rules for its use, storage or transportation;

Secondly, the actions of third parties;

Third, irresistible force.

The burden of proving the existence of these circumstances rests with the seller (manufacturer). According to paragraph 6 of Art. 18 of the Law on the Protection of Consumer Rights, the seller (manufacturer) is obliged to deliver goods with defects free of charge for repair, markdown, replacement, and also return the repaired or replaced goods to the consumer. This obligation applies to bulky and heavy goods (weighing more than 5 kg), the delivery of which is usually difficult for the consumer. In case of failure to fulfill the specified obligation or in the absence of a seller, manufacturer or organizations performing their functions at the location of the consumer, the consumer can deliver and return the goods with defects on their own. At the same time, however, the seller, manufacturer or organizations performing their functions must reimburse him for the costs associated with the delivery and return of the goods, based on the tariffs for forwarding services for citizens in force at the time of transportation.

According to Art. 19 of the Law on the Protection of Consumer Rights, the consumer has the right to present the established Art. 18 of this Law, the requirements for product defects, if they are discovered during the warranty period or the expiration date established by the manufacturer.

The manufacturer has the right to establish a warranty period for the product, during which, if a defect is found in the product, the manufacturer (seller) is obliged to satisfy the consumer's requirements established by Art. 18 of the Consumer Protection Act. The seller may establish an additional warranty period for the goods in excess of the warranty period established by the manufacturer, or, if the manufacturer has not established a warranty period, establish a warranty period in excess of the periods provided for in par. 2 p. 1 art. 19 of this Law. The requirements that the consumer has the right to present to the seller in the event of a defect in the goods during the warranty period established by the seller, the procedure and terms for satisfying these requirements, as well as the responsibility of the seller, are established by the contract between the consumer and the seller. Thus, in the case under consideration, we are talking about a contractual guarantee provided to the consumer by the manufacturer or seller of the goods.

If the product does not have a warranty period or shelf life, then the possibility of presenting claims related to product defects is established by law (legal guarantee) (clause 2 of article 477 of the Civil Code). The warranty period of the goods, as well as its service life, are calculated from the date of sale of the goods to the consumer. If it is impossible to determine the date of sale of the goods, these terms shall be calculated from the date of manufacture of the goods. For seasonal goods (shoes, clothes, etc.), these terms are calculated from the moment of the onset of the corresponding season, the onset of which is determined by the constituent entities of the Russian Federation, based on the climatic conditions of the location of consumers.

Deficiencies found in the product must be eliminated by the manufacturer (seller) within twenty days from the date of the consumer's request to eliminate the deficiencies in the product. At the same time, in relation to durable goods, the manufacturer (seller) is obliged, upon presentation of the specified requirement by the consumer, within seven days to provide the consumer free of charge for the period of repair with a similar product, providing delivery at his own expense. The list of durable goods to which this requirement does not apply is established by the Government of the Russian Federation. If the defects of the goods were eliminated during the warranty period, then this period is extended by the period during which the goods were not used. This period is calculated from the date of the consumer's request to eliminate the defects of the goods until the day of its issuance upon completion of the repair. In the event that the elimination of defects in the goods is carried out by replacing a component product or component of the main product for which warranty periods are established, the warranty period for a new component product or component of the main product is calculated from the date of delivery of this product to the consumer upon completion of the repair.

In the event of a demand for the replacement of goods of inadequate quality, the seller (manufacturer) is obliged to replace such goods within seven days from the date of presentation of the specified requirement by the consumer, and if necessary, additional verification of the quality of such goods - within twenty days from the date of presentation of the specified requirement. If the seller (manufacturer) does not have the goods necessary for replacement, he must replace such goods within a month from the date of presentation of the specified requirement.

If a product of inadequate quality is replaced by a new product, the warranty period for it is recalculated from the date of transfer of the new product to the consumer.

If the consumer has presented the seller (manufacturer) with a demand to replace the defective product with the product of the same brand (model, article), but such product has already been discontinued or its supply has been stopped, etc., in accordance with Art. 416 of the Civil Code, the obligation of the seller (manufacturer) in terms of such a replacement is terminated due to the impossibility of performance, and the consumer has the right to present another of those listed in paragraph 1 of Art. 18 of the Consumer Protection Act and art. 503 of the Civil Code requirement (clause 19 of the resolution of the Plenum of the Supreme Court of the Russian Federation of September 29, 1994 No 7 "On the practice of considering cases on consumer protection by courts"). The burden of proving the impossibility of replacing the goods in these cases lies with the seller.

According to Art. 22 of the Law on the Protection of Consumer Rights, the consumer's claims for a commensurate reduction in the purchase price of the goods, reimbursement of expenses for correcting defects in the goods by the consumer or a third party, as well as compensation for losses caused to the consumer by termination of the purchase and sale agreement (return of goods of inadequate quality to the manufacturer) are subject to satisfaction by the seller (manufacturer) within ten days from the date of presentation of the relevant request. When replacing a defective product with a product of good quality corresponding to the retail sale and purchase agreement, the seller is not entitled to demand compensation for the difference between the price of the goods established by the contract and the price of the goods that exists at the time of the replacement of the goods or the court decision to replace the goods (clause 1 of article 504 GK). In the event of a demand for a commensurate reduction in the purchase price of the goods, the price of the goods at the time of the presentation of the demand for a markdown is taken into account, and if the buyer's demand is not voluntarily satisfied - at the time the court decides on a commensurate price reduction.

In Art. 502 of the Civil Code and art. 25 of the Law on the Protection of Consumer Rights establishes the rules for the exchange of goods of good quality. These rules apply only to non-food items. The exchange of good-quality food products is not allowed. First of all, an exchange for a similar product can be carried out at the seller from whom the exchanged product was purchased, at the place of purchase or other places declared by the seller. Further, the consumer according to Art. 502 of the Civil Code has the right to a free exchange if the goods of proper quality did not fit in shape, dimensions, style, color, size or configuration. In Art. 25 of the Law on the Protection of Consumer Rights, an exchange is also allowed in cases where the consumer, for other reasons, cannot use the goods purchased by him for its intended purpose. Given that this provision is contrary to the Civil Code, the exhaustive list of grounds for the exchange established in Art. 502 GK.

The right to exchange goods of good quality in accordance with Art. 502 of the Civil Code exists for 14 days from the date of transfer of the goods to the buyer, unless a longer period is declared by the seller. After the expiration of the period established by law or announced by the seller, the very subjective right of the consumer to exchange is also extinguished. An exchange can be carried out only if the exchanged product was not in use, its presentation and consumer properties are preserved, as well as seals, factory labels and a sales receipt (cash receipt) issued to the consumer.

According to paragraph 2 of Art. 502 of the Civil Code and Part 4, Clause 1, Art. 25 of the Consumer Rights Protection Law, the Government of the Russian Federation approves a list of goods that are not subject to exchange on the grounds specified in the article of the Law under consideration. The list of such goods was approved by Decree of the Government of the Russian Federation of January 19, 1998 No. 55 "On approval of the Rules for the sale of certain types of goods, the List of durable goods that are not subject to the buyer's requirement to provide him free of charge for the period of repair or replacement of a similar product, and the List of non-food Goods of good quality that cannot be returned or exchanged for similar goods of other sizes, shapes, dimensions, styles, colors or configurations.

The consumer has the right to demand only the exchange of a good quality product. In the event that a similar product is not available for sale on the day the consumer contacts the seller, the consumer has the right, at his choice, either to terminate the contract and demand a refund of the amount paid for the product, or to wait for the receipt of a similar product and exchange it. The seller in the latter case is obliged to inform the consumer who requested the exchange of the goods about its receipt on sale.

When exchanging good-quality goods for similar goods, the consumer is obliged, if there is a difference between the exchanged and similar goods, to make the necessary recalculation with the seller, since the price could already have increased over the past time. If we are talking about the fact that the price of the exchanged product has fallen, or about the exchange for a cheaper product, then the consumer has every reason to demand that the seller return the difference in price.

In case of non-fulfillment or improper fulfillment by the seller of the contract of retail purchase and sale, the buyer has the right to demand compensation for the losses caused to him in full. Compensation for losses and payment of a penalty does not release the seller (manufacturer) from fulfilling in kind the obligations assigned to him to the buyer (Article 505, paragraphs 2 and 3 of Article 13 of the Law on Consumer Rights Protection). According to Art. 23 of the Consumer Rights Protection Law for violation of the provisions of Art. 20, 21 and 22 of this Law of the terms, as well as for non-fulfillment (delay in fulfillment) of the consumer's demand to provide him with a seller (manufacturer) or an organization performing the functions of a seller (manufacturer) on the basis of an agreement with him for the period of repair (replacement) such violations, pay the consumer for each day of delay a penalty (penalty) in the amount of one percent of the price of the goods. Losses caused to the consumer are compensated in excess of the penalty (penalty) established by law or contract. Consequently, the penalty provided for by the Law on the Protection of Consumer Rights is punitive in nature. According to paragraph 1 of Art. 13 of the Consumer Rights Protection Law, the legislation of the Russian Federation, as well as the agreement between the consumer and the seller, may provide for liability for violation by the latter of obligations for which the Consumer Rights Protection Law does not provide for liability or establishes a higher amount of liability.

In accordance with paragraphs 11 and 12 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of September 29, 1994 No 7 "On the practice of considering court cases on the protection of consumer rights", if the consumer, due to a violation by the seller, manufacturer (organization performing their functions on the basis of agreement) under Art. 20, 21, 22 of the Law of the terms presented another requirement arising from the sale of goods with defects, the penalty (penalty) for violation of the named terms is collected before the consumer presents a new demand from among those provided for in Art. 18 of the Law. In case of delay in fulfilling the new requirement, a penalty (penalty) is also collected, provided for in paragraph 1 of Art. 23 of the Law. In the event that the seller, manufacturer (enterprise performing their functions) violated the terms for eliminating defects in the goods or the terms for replacing goods with defects, and also did not fulfill or untimely fulfilled the consumer's demand for provision of a similar durable goods for temporary use, a penalty (fine) shall be collected for each violation committed by these persons. If the court satisfies the requirements of the consumer, provided for in paragraph 1 of Art. 23 of the Law, the penalty (penalty) is collected on the day of the actual execution of the decision. Court in accordance with Art. 333 of the Civil Code has the right to reduce the amount of the penalty if it is clearly disproportionate to the consequences of the breach of obligations.

The main obligations of the buyer under the retail sales contract is to accept the goods and pay the purchase price. If the buyer does not accept the goods or refuses to accept them, the seller has the right to require the buyer to accept the goods or refuse to perform the contract. General rules The Civil Code also applies to the procedure for fulfilling the buyer's obligation in a retail sale and purchase agreement to pay the purchase price (Articles 486-489 of the Civil Code).

Sincerely, Vladimir Kobzar,

contract legal advisor

legal department

Group of companies "CenterObuv"

Features of the fulfillment of the seller's obligation to deliver a quality product under a retail sale contract.

In the absence of conditions on the quality of the goods in the contract of sale, the seller must be guided by the usual requirements.

or replacement of poor-quality goods with goods of good quality;

or a commensurate reduction in the purchase price;

or immediate gratuitous elimination of defects in the goods;

or reimbursement of expenses for the elimination of defects in the goods;

or termination of the contract with a refund of the purchase price paid.

The buyer is obliged to pay for the goods at the price declared by the seller at the time of the conclusion of the retail purchase agreement. If the act of sale and purchase is drawn up in writing, all essential conditions (subject and price) must be accurately and clearly described in the sample retail sale agreement.

that the buyer under the retail purchase agreement cannot directly participate in determining 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 the contract of retail sale as invalid, while the parties return to their original position.

The buyer has the right to inspect the goods even before the conclusion of the retail purchase agreement, to demand that the properties be checked in his presence or a demonstration of the use of the goods, if this is not excluded due to the nature of the goods and does not contradict the rules adopted in retail trade.

41. The seller's obligation to provide information about the goods under the retail sale and purchase agreement: the procedure for execution and the consequences of the violation.

Even before the conclusion of the contract, the seller is obliged to provide the buyer with the necessary and reliable information about the product that complies with the established law, other legal acts and the requirements usually imposed in retail trade on the content and methods of providing such information. The buyer has the right to inspect the goods before the conclusion of the contract, to demand that a property check be carried out in his presence or a demonstration of the use of the goods, unless this is excluded due to the nature of the goods and does not contradict the rules adopted in retail trade. If the buyer is not given the opportunity to immediately obtain information about the product at the place of sale, he has the right to demand from the seller compensation for losses caused by unreasonable evasion from concluding a retail sale contract (clause 3 of article 495 of the Civil Code), and if the contract is concluded, within a reasonable the term to refuse to fulfill it, to 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 obtain relevant information about the goods, is responsible for the shortcomings of the goods that arose after its transfer to the buyer, in respect of which the buyer proves that they arose due to the lack of such information (Article 495 of the Civil Code).

In accordance with the Law "On Protection of Consumer Rights", a consumer is a citizen who intends to order or purchase, or ordering, acquiring or using goods exclusively for personal, family, household and other needs not related to entrepreneurial activities. (Preamble to the Law of the Russian Federation "On Protection of Consumer Rights")

Undoubtedly, this wording clearly defines the concept of "consumer", but it does not quite specifically define the features arising from them. this definition. The author of this article offers a slightly different, narrower meaning of the concept of "consumer". Consumer - always individual(and this is its main difference from the buyer, where the subject can be both an individual and entity), which intends to order, purchase, and subsequently use, or ordering, acquiring or using consumer goods (any movable property) solely for individual (personal), family, household and other needs not related to business activities.

Any natural person can act as a consumer, with the exception of cases provided for by law (restrictions associated with limited legal capacity). At the same time, citizens of the Russian Federation, foreign citizens, natives, bipotrids, refugees have equal rights in consumer legal relations.

Consumer goods - any movable property. The rules on retail sale and purchase do not apply to such goods as real estate, heat, electricity, gas, water, etc. The Civil Code of the Russian Federation distinguishes these goods as separate varieties, i.e. other contracts of sale are concluded under them.

On the basis of the Law "On Protection of Consumer Rights", the rights of consumers in the field of purchasing goods under a retail sale contract can be divided into two groups. The first is the rights of consumers arising from the sale of goods of inadequate quality to them. The second is the rights of consumers arising from the sale of goods of proper quality to them.

The first group includes:

1. The right to free elimination of defects.

2. The right to reimbursement of the costs of correcting deficiencies by the consumer or a third party.

3. Right to a proportional reduction in the purchase price.

4. The right to replace goods of a similar brand (model, article).

5. The right to replace goods of another brand (model, article) with a corresponding recalculation of the purchase price.

6. The right to withdraw from the contract of sale and demand the return of the amount paid for the goods.

7. The right to compensation for losses caused to him as a result of the sale of goods of inadequate quality.

The second group includes:

1. The right to exchange a non-food product of good quality for a similar product.

2. The right to refuse to execute the contract of sale and return the amount of money paid for the goods.

Let's take a closer look at consumer rights.

1. The right to free elimination of defects does not arise spontaneously from the consumer, only on the basis that the goods are of poor quality. It is necessary to take into account a number of features. One of them is the lack of goods. The lack of goods can be either significant or insignificant. A minor defect of the goods is a non-compliance of the goods with the terms of the contract, or defects in the goods, due to which the goods cannot be fully used for their intended purpose and which can be eliminated, or this goods is not intended for the purposes for which it was purchased by the buyer. An insignificant defect does not mean that the product is not suitable for its further sale, use, it only manifests itself in restrictions on the full use of it for its intended purpose, which in turn causes discomfort to the consumer. A significant defect of a product is an irreparable defect or a defect that cannot be eliminated without disproportionate costs or time, or is detected repeatedly, or reappears after its elimination, or other similar defects (Law "On Protection of Consumer Rights"). (Preamble to the Law of the Russian Federation "On Protection of Consumer Rights") such shortcomings can be dangerous to the life, health or property of citizens.
It should be noted that this right of the consumer has some limitations:
A. - In order to replace technically complex and expensive goods, it is necessary to have a significant drawback. Moreover, the Decree of the Government of the Russian Federation established a list of technically complex goods that can be replaced only if there is a significant deficiency. (The list of technically complex goods in respect of which the consumer's requirements for their replacement are subject to satisfaction in the event that significant defects are found in the goods (approved by Decree of the Government of the Russian Federation of May 13, 1997 N 575)) This list includes: vehicles and numbered units to them; motorcycles, scooters; snowmobiles; boats, yachts, outboard motors; refrigerators and freezers; washing machines automatic; personal computers with basic peripherals; agricultural tractors, motoblocks, motor cultivators. This list is exhaustive, but as a result economic development, the progress of science, technology, this list should be replenished (for example, with such technically complex devices as heat treatment products: microwave ovens, electric stoves). As for expensive goods, this category is not covered by the legislation and is a kind of gap in civil law relations.
B. - There are goods that, due to their properties and nature, cannot be replaced. In such goods as food, perfumery and cosmetics, medicines, household chemicals, etc. deficiencies cannot be corrected due to the nature of the goods.

2. The right to reimbursement of expenses for the correction of defects by the consumer or a third party may be exercised in cases where the consumer or another person, through their actions and at their own expense, eliminated the defect of the goods during the warranty period or shelf life.

3. Right to a proportional reduction in the purchase price. In the case of purchasing a product with defects, the properties of which do not allow them to be eliminated, however, due to their design features nature, defect does not prevent the use of this product for its intended purpose and for the purposes for which it is purchased, the consumer has the right to demand from the seller a commensurate reduction in the purchase price. At the same time, the proportionality of the price is determined taking into account the nature of the lack of goods.

4. The right to replace goods of a similar brand (model, article). The alternativeness of the Law "On Protection of Consumer Rights" gives the consumer a small, but choice of powers when selling goods of inadequate quality to him. The consumer has the right to apply to the seller with a request to replace the goods of inadequate quality with goods of the proper quality of the same brand (model, article). At the same time, if this requirement is submitted within the established time limits, but the cost of goods of the same brand (model, article) has changed (either increased or decreased), recalculation is not made when exchanging goods. Another thing is if the consumer requires the replacement of goods of inadequate quality with goods of good quality, but of a different brand (model, article), then recalculation of prices must be made without fail. There are cases when the goods have already been taken out of production, or supplies have been stopped due to force majeure (force majeure). In these cases, civil law provides for the termination of the obligation due to the impossibility of performance. In this case, the burden of proving the impossibility of fulfilling obligations lies with the seller (manufacturer). If there is a real impossibility to fulfill the obligation, the consumer has the right to exercise other powers.

5. In addition to all the listed rights, the consumer has the right to refuse to fulfill the contract and demand the return of the amount of money paid for the goods. It should be noted that in relation to technically complex and expensive goods, for which a special procedure is provided, the presence of a significant defect is not required in case of refusal to perform the contract. As for the return of the amount of money paid for the goods, the legislation does not specify this provision, giving, in particular, the courts some alternative.

There are several points that determine the amount of money:

o at the time of purchase;

o at the time of filing the claim;

o at the time of submission statement of claim to the court, in case of non-satisfaction on a voluntary basis by the seller (manufacturer) of the requirements of the consumer;

o at the time of the decision by the court.

All these points are not fixed by law. Let's try to consider and analyze each moment separately:

The moment of purchase is confirmed by the relevant documents (cash receipt, sales receipt). In order for the moment of purchase to become decisive in determining the amount of money, it is necessary that it be fixed in the contract. Then, upon presentation of claims for the return of the amount of money paid for the goods, the consumer will have something to refer to and, accordingly, the amount of money for the goods at the time of purchase will be returned to him. In fact, both the seller and the consumer return to their original position.

At the stage of presenting a claim, the amount of money for the goods can be established either by agreement or by agreement of the parties. This is a voluntary arrangement. If the seller refuses to satisfy the requirements of the consumer for the return of the amount of money paid for the goods, the latter has the right to go to court.

The moment of filing a claim is inappropriate, t.to. based on the price in force at the time of filing the application, the costs of the judicial system, in particular the lengthy consideration of the case, are borne by the consumer.

The most correct is the payment of a sum of money for the goods at the time of the court decision. In addition to this, in accordance with the Decree of the Plenum of the Supreme Court of the Russian Federation of September 29, 1997 No. 7 (as amended on October 10, 2001) "On the practice of consideration by courts of cases on the protection of consumer rights" (Decree of the Plenum of the Supreme Court of the Russian Federation of September 29, 1994 No. 7 (as amended by the resolutions of the Plenum of the Supreme Court of the Russian Federation dated 10.10.01 No. 11) "On the practice of consideration by courts of cases on the protection of consumer rights"), the courts have the right to levy fines in the amount of the value of the claim for non-satisfaction on a voluntary basis by the seller of the consumer's requirements for the protection of his rights, enshrined in the Law "On Protection of Consumer Rights". But since the collection of a fine is not an obligation, but the right of the court, it, based on the specific circumstances of the case, may not collect a fine, or reduce its amount.

6. The right to demand full compensation for damages. This right arises for the consumer when the seller (manufacturer, performer) violates his consumer rights. The Civil Code of the Russian Federation contains a fairly complete concept of losses - expenses that a person whose right has been violated has made or should have made to restore the violated right; loss or damage to his property (real damage), as well as lost income, which would have been under normal conditions of civil circulation if his right had not been violated (lost profit). (Civil Code of the Russian Federation, Part 1, Article 15, Clause 2 of October 21, 1994 (as amended and supplemented on March 21, 2002 No. 31-FZ))

Losses are subject to compensation in full, except for cases provided for by law (when a limited amount of liability is established). It should be noted that losses are reimbursed to the consumer regardless of the penalty established by law or by contract, the fine established by the court, and compensation for losses does not relieve the seller from fulfilling his obligations to the consumer in kind.

The second group of consumer rights contains a list of rights in relation to non-food products of good quality. Good quality non-food product - a product that meets the mandatory requirements provided for by law, the terms of the contract, which cannot be fully sold by the consumer in accordance with the purposes for which this product was purchased as a result of a discrepancy: size, style, shape, size, color, configuration.

When purchasing a non-food product of good quality, the consumer has the right to exchange this product for a similar product from the seller from whom this product was purchased within 14 days (excluding the day of purchase (thereby the legislator establishes a "hard" period)) for a similar product. However, this product can be exchanged only if it was not in use, its presentation, consumer properties, seals, factory labels are preserved. At the same time, it is also desirable to confirm the fact and conditions of the purchase of exactly "this" product from the "given" seller with relevant documents (cash receipt, sales receipt). However, the absence of documents confirming the fact and conditions of the purchase does not deprive the consumer of the opportunity to refer to witness testimony.

To date, there is a List of goods not subject to exchange, approved by the Decree of the Government of the Russian Federation. (List of non-food products of good quality that are not subject to return or exchange for a similar product of a different size, shape, size, style, color or configuration (approved by Decree of the Government of the Russian Federation of January 19, 1998 N 55) (as amended on October 20, 1998 ., February 6, 2002)) Thus, the list of non-food products of good quality that can be exchanged is significantly narrowed.

In the absence of a similar product on sale on the day the consumer contacts the seller, it would be correct to secure the consumer's right to contact the manufacturer directly (this provision is not fixed by law). The expediency of this right lies in the fact that often, due to lack of time, desire, etc., the seller in every possible way ignores the requirements of the consumer, and by contacting the manufacturer directly, a positive result is possible.

There is also a procedure under which the exchange of goods can be provided for by agreement between the consumer and the seller when a similar product goes on sale. The law obliges the seller to immediately inform the consumer about the receipt of a similar product. However, the Law does not establish liability for untimely information, or if the consumer was not informed at all about the receipt of a similar product for sale.

The author considers it important to fill this gap with the need to introduce a fine, as well as the possibility of introducing a penalty for each day of delay (in this case, the penalty should be charged from the next overdue day after the goods go on sale (for example, according to the invoice)). You can also set the period during which the seller is obliged to ensure the receipt of goods on sale.

In addition to all that has been said, the consumer has the right, in the absence of a similar product on sale, to refuse to fulfill the contract of sale and demand the return of the amount of money paid for the product. This requirement is subject to satisfaction within 3 days from the date of return of the goods. And again, the legislation contains a gap in relation to the responsibility of the seller (manufacturer) for the delay in meeting the consumer's demand. It would also be reasonable to introduce a penalty in the amount of 1% for each day of delay in fulfilling the consumer's demand. These are the most basic powers of consumers under a retail sale and purchase agreement in relation to goods of inadequate quality, as well as non-food products of good quality.

In conclusion, we note that the consumer has the right to present the requirements provided for by consumer protection legislation to the seller (an authorized organization or an authorized individual entrepreneur), the manufacturer, and in some cases the importer at the same time. The law does not contain a ban on such actions. Thus, significantly increasing the responsibility of the seller (authorized organization or authorized individual entrepreneur), manufacturer, and in some cases, the importer.

Under the terms of the retail sale contract, the seller is obliged to transfer to the buyer a product that 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 a product of inadequate quality is purchased, provided that it was not specified 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, at its choice, to demand:

§ replacement of low-quality goods with goods of good quality;

§ proportional reduction of the purchase price;

§ immediate gratuitous elimination of product defects;

§ reimbursement of expenses for the elimination of defects in the goods.

In case of detection of defects in the goods, the properties of which do not allow them to be eliminated (food products, household chemicals, etc.), the buyer, at his choice, has the right to demand the replacement of such goods with goods of appropriate quality or a proportional reduction in the purchase price.

The preamble of the Law "On Protection of Consumer Rights" indicates the signs of classifying deficiencies as significant: irreparable deficiencies or those that cannot be eliminated without disproportionate costs or time, or are detected repeatedly, or that reappear after elimination, or other similar deficiencies.

The signs specified in the legislation must be guided in each specific case when deciding whether to classify a defect identified in the product as significant. If a dispute arises on this issue, an examination is carried out in the manner prescribed by the Law "On Protection of Consumer Rights" (clause 5, article 18 of the Civil Code of the Russian Federation). If necessary, the dispute is resolved in court.

If as a result of the examination of the goods it is established that its defects have arisen due to circumstances for which the seller (manufacturer) is not responsible, the buyer (consumer) is obliged to reimburse the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer for the costs of the examination, as well as related with all the costs of storage and transportation of goods.

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

If the seller (consumer) does not have a cash or sales receipt or other document certifying the fact and conditions of the purchase of goods, this is not a basis for refusing to satisfy his requirements.

The consumer has the right to present legal requirements to the seller or manufacturer in relation to product defects if they are discovered during the warranty period or shelf life established by the manufacturer (Article 19 of the Law "On Protection of Consumer Rights"). With regard to goods for which no warranty or expiration dates have been established, the consumer has the right to make these claims if the defects of the goods are discovered within a reasonable time, but within two years from the date of their transfer to the consumer, if more long terms not established by law or contract. For seasonal goods (shoes, clothes, etc.), these terms are calculated from the moment of the onset of the corresponding season, the onset of which is determined by the subjects of the Russian Federation, respectively, based on the climatic conditions of the location of consumers.

In accordance with Art. 20 of the Law "On Protection of Consumer Rights", defects found in the goods must be eliminated by the manufacturer (seller, authorized organization or authorized individual entrepreneur, importer) immediately, unless another term for eliminating defects in the goods is determined by agreement of the parties in writing.

With regard to durable goods, the buyer has the right to demand the provision of a similar product free of charge within three days for the period of repair. In Art. 21 of the Law "On Protection of Consumer Rights" defines the terms for the replacement of goods of inadequate quality. Thus, as a general rule, in the event that the consumer discovers defects in the goods, the obligation is established to replace such goods within seven days from the date of presentation of the corresponding demand by the consumer; if an additional quality check of such goods by the seller is necessary - within 20 days from the date of presentation of such a request. If the seller does not have the goods necessary for replacement on the day of presentation of the specified demand, 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 inadequate quality must be replaced with a new product that has not been in use.

Other requirements of the consumer (in particular, on a commensurate reduction in the purchase price of the goods, reimbursement of expenses for correcting defects in the goods by the consumer or a third party, the return of the amount paid for the goods, as well as compensation for losses caused to the consumer as a result of the sale of goods of inadequate quality) are subject to satisfaction within 10 days from the date of presentation of the relevant requirement (Article 22 of the Law "On Protection of Consumer Rights").

Responsibility for violation of consumer rights in retail sales. Article 23 of the Law "On Protection of Consumer Rights" provides for the responsibility of the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) for the delay in fulfilling consumer requirements.

For violation of the terms stipulated by law, as well as for non-fulfillment (delay in fulfillment) of the consumer's demand to provide him with a similar product for the period of repair (replacement) of a similar product, the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer), who committed such violations, pays the consumer for each day delay a penalty (penalty) in the amount of 1% of the price of the goods. In this case, the price of the goods is determined on the basis of its price that existed in the place where the consumer's demand was to be satisfied on the day of the voluntary fulfillment of such a demand or on the day the court decision was made, if the demand was not voluntarily satisfied.

In Art. 12 of the Law "On Protection of Consumer Rights" provides for the responsibility of the manufacturer (seller) for inappropriate information about the product. In particular, if the consumer is not given the opportunity to immediately receive information about the product upon conclusion of the contract, he has the right to demand from the seller compensation for losses caused by unreasonable evasion from concluding the contract in the event that the contract is concluded, the consumer has the right to refuse to execute it within a reasonable time and demand return the amount paid for the goods and compensation for other losses. In case of refusal to fulfill the contract, the consumer is obliged to return the goods to the seller.

Article 14 of the Law "On Protection of Consumer Rights" specifies the rules on property liability for damage caused due to product defects. Thus, harm caused to the life, health or property of the consumer due to design, manufacturing, prescription or other defects in the goods is subject to compensation in full. At the same time, the right to demand compensation for harm is recognized for any victim, regardless of whether he was in a contractual relationship with the seller (executor) or not.

As a general rule, damage is subject to compensation if it was caused during the established service life or shelf life of the goods. However, the Law establishes that damage is subject to compensation regardless of the time of its infliction in cases where:

§ the service life or expiration date must be established for the product, but it is not established;

§ the consumer was not provided with complete and reliable information about the service life or expiration date;

§ the consumer was not informed about the necessary actions after the expiration of the service life or expiration date and the possible consequences if these actions are not taken;

§ after the expiration of these terms, the goods pose a danger to life and health.

If the manufacturer had the right to establish a service life for a product intended for long-term use (clause 1, article 5 of the Law "On Protection of Consumer Rights"), but did not establish it, then the damage is subject to compensation if it is caused within ten years from the date of transfer of the goods to the consumer, and if the date of transfer cannot be determined - from the date of manufacture of the goods.

The claim for compensation for damage caused due to defects in the goods is subject to compensation by the seller or the manufacturer of the goods and at the choice of the victim. In addition, the manufacturer is liable for harm caused to the life, health or property of the consumer in connection with the use of materials, equipment, tools and other means necessary for the production of goods, regardless of whether the level of scientific and technical knowledge allowed to reveal their special properties or not. . The grounds for the release of the manufacturer (seller) from liability may be evidence of force majeure or violation by the consumer of the established rules for the use, storage or transportation of goods that caused harm. Moral damage caused to the consumer as a result of a violation by the manufacturer (an authorized organization or an authorized individual entrepreneur, importer) of the consumer's rights is subject to compensation to the tortfeasor if it is his fault. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage (Article 15 of the Law of the Russian Federation "On Protection of Consumer Rights").

31. The concept and content of the supply contract.

A supply contract is an agreement by virtue of which the supplier, the seller, carrying out entrepreneurial activities, undertakes to transfer, within the stipulated period or terms, the goods produced or purchased by him to the buyer for the use of entrepreneurial activities or for other purposes not related to personal, family, household and other similar use, and the buyer undertakes to accept the goods and pay for them. main feature under a supply contract - a special procedure for the use of the goods that are its subject. That is, such a product is purchased for use in business activities or for other purposes not related to personal use, but for such use during which the product either directly retains its value, for example, as a result of resale, or transfers it to other goods in the production process.

The supply contract is consensual, compensated, mutual. It is not considered public, but in cases prescribed by law, its conclusion is mandatory for the supplier.

Parties contracts are usually persons engaged in entrepreneurial activities. As a rule, commercial organizations and citizens-entrepreneurs act on the side of the supplier. Buyers are mostly entrepreneurs.

Subject contracts can be any things not withdrawn from circulation, these are most often endowed with a generic characteristic, but they can also be individually defined, which are produced or purchased by the supplier. Property rights and other objects of civil rights cannot be the subject of a supply contract.

Price condition in relation to the supply contract is not regulated, therefore this is not an essential condition of the contract . The price is usually agreed upon by the parties, and certain types of goods are set or regulated by the state: alcohol, gasoline.

Deadline or deadlines contracts are determined by the parties, are an essential condition . If the delivery contract does not specify the terms, the contract is not concluded. Goods delivery periods - these are the terms of delivery of individual consignments of goods, if these periods are not defined in the contract, then the goods must be delivered in equal consignments on a monthly basis, unless otherwise follows from the law, the essence of the obligation or custom. The schedule for the delivery of goods: ten-day, daily, hourly, and the like can be set in the contract along with the delivery periods. Early delivery can only be with the consent of the buyer and early goods accepted by the buyer are counted against the quantity of goods to be delivered in the next period.