Liability for violation of the purchase and sale agreement. Violation of consumer rights under a contract for the sale and purchase of goods based on samples and the provision of services in connection with such sale

Elements of a purchase and sale agreement

· Parties to the contract

· Subject (object)

Sides:

ü Seller (can dispose of the goods)

ü Buyer

Subject (object):

ü Property rights

There cannot be personal non-property rights, property personal rights, property rights inseparable from obligations

There is one essential condition - what is sold (quantity and name)

Price is not an essential condition (except for a loan or installment plan)

Time period - if not specified, then within a reasonable time.

It is allowed to enter into “term contracts”.

Form of agreement - written, oral.

The form of individual sales contracts is strictly defined.

Seller's responsibilities:

1. transfer the goods to the buyer (3 ways: delivery to the buyer, the buyer takes the goods/selection, transfer to a transport organization for forwarding)

2. transfer goods that comply with the terms of the contract, the requirements:

o quality requirements:

§ meet the purposes of normal purpose

§ match the sample

§ if there are tech. requirements, and the seller is an entrepreneur, then the requirements must be met. (GOST, etc.)

§ must maintain quality characteristics throughout the entire period of use of such goods for their normal purpose - a reasonable period/period of legal quality guarantee

§ meet contractual quality guarantees (warranty period)

§ meet the expiration date of the product

§ meet the service life of the product

§ must be in the required range

§ completeness of goods

§ kit condition

§ container/packaging conditions

3. the seller is obliged to transfer the goods free from the rights of third parties

Buyer's responsibilities:

ü accept goods from the seller

ü pay for the goods (+preliminary, on credit, in installments - the price is required here)

ü cannot dispose of before the transfer of ownership (the buyer is obliged to involve the seller if someone else tries to claim the purchased goods)

ü possibility of penalties for violations

Seller's responsibility:

ü complete failure to fulfill the obligation to transfer the goods - in this case, termination of the contract and compensation for losses. In nature it is impossible.

ü partial non-fulfillment - you can demand the missing quantity of goods or refuse the contract and demand compensation for losses

ü in case of transfer of more goods than agreed, then after a certain time the buyer can use it. Can accept goods for a certain price or simply notify the seller of a surplus.

ü non-delivery of goods upon prepayment, you can demand a refund (Article 395)

ü for violation of quality conditions:

o the seller is responsible for any defects in the goods, regardless of whether he knew about them or not

o The burden of proving that the defects existed before the delivery of the goods rests with the buyer:

§ requirements for a proportionate reduction in the price of goods

§ requirement for free elimination of defects

§ elimination yourself and assigning costs to the seller

§ in case of significant defects, you can demand replacement of the goods or refuse the goods and demand reimbursement of expenses

o in the absence of a warranty period, it is necessary to take into account a reasonable period for this product, but not more than two years; with a contractual warranty period, the seller must be responsible

o when transferring goods in the wrong assortment, you can refuse payment or request a refund

o in case of delivery of incomplete goods, it is possible to demand that the goods be completed or accepted without any parts. Same with packaging and packaging.

ü transfer of goods with encumbrances that were not warned about, you can demand termination of the contract.

Buyer Responsibility:

ü Unreasonable refusal to accept the goods entails either refusal of the contract or compensation in kind.

ü in case of non-payment, you can demand payment of the price, if there are no special conditions under the concluded agreement

5. Types of sales contracts:

Retail purchase and sale

A seller carrying out business activities in the form of retail sales of goods undertakes to transfer the goods to the buyer for use for family, personal, household purposes (Article 492)

Most often carried out using a public offer

The contract is concluded on a first-come, first-served basis; the will of the buyer is important. The moment of conclusion is the issuance of the check.

§ The seller is in any case responsible for low-quality goods

§ Claims can also be made by a person who did not buy this item, but every victim

§ all expenses are recovered in excess of losses

§ You can demand compensation for moral damage

§ any agreements imposed by the seller and infringing on the rights of the buyer are invalid

§ claims of citizens here are exempt from state duties

§ You can file a claim both at the place of residence and at the place of the seller

Retail purchase and sale itself exists in many varieties (sale by sample, on credit, etc.)

The rules for the sale of goods based on samples were developed in accordance with the Law of the Russian Federation “On the Protection of Consumer Rights” dated 02/07/1992. No. 2300-1 and determine the procedure for the sale of goods based on samples and the provision of services in connection with such sale, and also regulate the relationship between the buyer and seller of goods.

Consumer rights under a contract for the sale of goods based on samples

A sales contract based on samples is a type of contract for the retail purchase and sale of goods, concluded on the basis of the buyer’s familiarization with a sample of the goods offered by the seller and displayed at the place where the goods are sold. When selling goods based on samples, the seller can provide additional services: delivery of goods, assembly, installation, connection, adjustment, maintenance and commissioning of technically complex goods that, according to technical requirements, cannot be put into operation without the participation of appropriate specialists . The buyer has the right to refuse the services offered by the seller upon conclusion of the contract.
The general provisions of the Law of the Russian Federation “On the Protection of Consumer Rights” dated 02/07/1992 are applicable to this agreement. No. 2300-1 on the right to quality, safety, timely and appropriate information about goods and services provided, as well as the provision of Chapter 3 of the Law of the Russian Federation “On the Protection of Consumer Rights”. Art. 4 of the Law of the Russian Federation "On the Protection of Consumer Rights" dated 02/07/1992. No. 2300-1 states that the seller is obliged to transfer to the consumer goods suitable for the purposes for which goods of this kind are used. If there are no quality conditions in the contract, the seller is obliged to transfer to the consumer a product suitable for the purposes for which a product of this kind is usually used. If the seller, when concluding the contract, was informed by the consumer about the specific purposes for purchasing the goods, he is obliged to transfer to the consumer the goods suitable for use in accordance with these purposes. The seller is obliged to transfer the goods that meet the mandatory requirements established by law.
Article 8, Article 9, Article 10 of the Law of the Russian Federation "On the Protection of Consumer Rights" dated 02/07/1992. No. 2300-1 establishes the consumer’s right to timely, complete and reliable information about the seller (manufacturer) and the goods sold. The seller is obliged to bring to the attention of consumers his full name, location, and operating hours. This information must be provided in Russian (additionally, at the discretion of the seller (manufacturer) in the languages ​​of the constituent entities of the Russian Federation.
Information about goods (for imported goods - in Russian) and their manufacturers must contain:
-Name of product;
- location (legal address), corporate name (name) of the manufacturer (seller), location of the organization (organizations) authorized by the manufacturer (seller) to accept claims from buyers and carrying out repairs and maintenance of the goods, for imported goods - name of the country of origin goods;
- designation of standards, the mandatory requirements of which the product must comply with;
- information about the basic consumer properties, quality and safety of the product;
-rules and conditions for effective and safe use of the product;
-price, procedure and terms of payment for the goods (advance payment, payment after delivery and transfer of the goods to the buyer and other conditions);
- warranty period, if it is established for a specific type of product;
- service life or expiration date, if they are established for a specific type of product, as well as information about the necessary actions of the buyer after the expiration of the specified periods and the possible consequences of failure to perform such actions, if the product after the expiration of the specified periods poses a danger to the life, health and property of the buyer or becomes unsuitable for its intended use;
- information on confirmation of the product’s compliance with the established requirements (number of the certificate of conformity, its validity period, the body that issued it, or the registration number of the declaration of conformity, its validity period, the name of the manufacturer (seller) who accepted the declaration and the body that registered it);
- the method and time frame for the buyer to notify the seller of their consent to enter into an agreement;
-methods, terms and conditions of delivery and transfer of goods to the consumer and the provision of other services offered by the seller.
The seller's liability for failure to provide appropriate information is determined by Article 12 of the Law of the Russian Federation "On the Protection of Consumer Rights" dated 02/07/1992. No. 2300-1.
Thus, if the consumer is not given the opportunity to immediately receive the above information when concluding a contract, he has the right to demand from the seller compensation for losses caused in connection with this by unjustified avoidance of concluding the contract, and if the contract is concluded, to refuse to fulfill it within a reasonable time and demand a refund the amount paid for the goods and compensation for other losses.
If a defect(s) has been eliminated in the purchased product, the buyer must be provided with information about this.
The written sales contract for samples must indicate:
-name and legal address of the seller,
- last name, first name, patronymic of the buyer or the person indicated by him (recipient), address to which the goods should be delivered;
-name of the product, article number, number of items included in the package of the purchased product, price of the product;
-type of service, time of execution and cost;
- obligations of the seller and the buyer.
- the buyer’s offer to send the goods by post to the address “Poste restante” can only be accepted with the consent of the seller.
The seller is obliged to transfer the goods to the buyer in the manner and within the time limits established in the contract. Along with the goods, the seller is obliged to transfer to the buyer the documents related to it (technical passport, operating instructions, etc.).
Before the goods are transferred to him, the buyer has the right to refuse to fulfill the contract, subject to compensation to the seller for expenses incurred in connection with the performance of actions to fulfill the contract.
Installation, connection, adjustment and commissioning of certain technically complex products, for which, in accordance with the technical and operational documentation, it is prohibited for the buyer to independently perform these procedures, as well as mandatory instructions on the rules for using the goods are carried out by the seller’s service departments or other organizations with which the seller has contracts for technical maintenance of the goods he sells.
The provision of these services must be carried out within the time frame specified by agreement of the parties, but no later than 7 calendar days from the date of delivery of the goods to the buyer.
If the delivery of the goods was made within the time period established by the contract, but the goods were not transferred to the buyer due to his fault, a new delivery is made within a new time frame agreed upon with the seller after the buyer has re-paid the cost of the delivery service.
In the event that the buyer is transferred to the goods in violation of the terms of the contract regarding the quantity, assortment, completeness, container and (or) packaging of the goods, he is obliged to notify the seller of these violations no later than 20 days after receiving the goods.
If violations of the terms of the contract on the quality of the goods are detected during the warranty period or shelf life of the goods, or within a reasonable period, but not more than two years, if the warranty period or shelf life is not established, the buyer notifies the seller of these violations, but no later than twenty days after the expiration date. this period. Within the specified period, the goods can be returned to the seller, who is obliged to accept it and, if necessary, check its quality.
The consumer to whom the product was sold is of inadequate quality, if it was not specified by the seller, in accordance with Article 18 of the Law of the Russian Federation “On the Protection of Consumer Rights” dated 02/07/1992. No. 2300-1 has the right, at its own choice, to demand: - free elimination of defects in the goods or reimbursement of expenses for their correction by the buyer or a third party;
-a proportionate reduction in the purchase price;
-replacement with a good quality product of a similar brand (model, article) or with the same product of another brand (model, article) with a corresponding recalculation of the purchase price. In relation to a technically complex and expensive product, these buyer requirements are subject to satisfaction if significant defects are discovered;
- termination of the contract. At the request of the seller and at his expense, the buyer must return the defective goods.
The deadlines for fulfillment of these requirements by the seller are determined in accordance with the Law of the Russian Federation “On the Protection of Consumer Rights”.
The buyer also has the right to demand full compensation for losses caused to him as a result of the sale of goods of inadequate quality. Losses are compensated within the time limits established to satisfy the relevant requirements of the buyer.
If the seller refuses to transfer the goods, the buyer has the right to refuse to fulfill the contract.

In the event that the seller, who has received the advance payment amount for the goods, does not fulfill the obligation to transfer them within the period established by the contract, the buyer has the right to demand the transfer of the paid goods or the return of the advance payment amount for the goods not transferred by the seller. In this case, the seller pays interest on the specified amount in the manner determined in accordance with the Civil Code of the Russian Federation.
The buyer’s demands related to termination of the contract, elimination of violations of its terms, defects in the goods, compensation for losses, are transferred to the seller in writing, accompanied by the necessary documents justifying these requirements (a document certifying the fact of purchase in relation to goods for which warranty periods or expiration dates have been established (service), technical passport or other document replacing it, warranty card, as well as documents confirming defects in the product and losses caused to the buyer due to inadequate quality of the product).
The buyer's absence of a cash receipt or sales receipt or other document certifying the fact and conditions of the purchase of goods is not a basis for refusal to satisfy his demands and does not deprive him of the opportunity to refer to witness testimony in support of the conclusion of the contract and its terms.
The consumer's right to compensation for moral damage caused to the consumer as a result of violation of his rights provided for by the legislation on the protection of consumer rights is regulated by Article 15 of the Law of the Russian Federation "On the Protection of Consumer Rights" dated 02/07/1992. No. 2300-1.
Thus, if the consumer is not given the opportunity to immediately receive the above information when concluding a contract, he has the right to demand from the seller compensation for losses caused in connection with this, or if, due to unreliable information, the purchased product does not have the properties necessary for the consumer, to demand the return of the amount paid and other losses .
The consumer's demand to pay a penalty (fine), in accordance with Article 13 of the Law of the Russian Federation "On the Protection of Consumer Rights" dated 02/07/1992. No. 2300-1 is subject to satisfaction by the seller, an authorized organization or an authorized individual entrepreneur, importer) on a voluntary basis.
If the court satisfies the consumer's requirements established by law, the court collects from the seller, authorized organization or authorized individual entrepreneur, importer for failure to voluntarily satisfy the consumer's requirements a fine in the amount of fifty percent of the amount awarded by the court in favor of the consumer.
In accordance with Article 14 of the Law of the Russian Federation "On the Protection of Consumer Rights" dated 02/07/1992. No. 2300-1 property liability for damage caused due to defects in the goods occurs in the following cases:
1. Damage caused to the life, health or property of a consumer due to design, production, prescription or other defects of a product (work, service) is subject to compensation in full.
2. The right to demand compensation for damage caused as a result of defects in a product (work, service) is recognized for any victim, regardless of whether he was in a contractual relationship with the seller (performer) or not.
3. Damage caused to the life, health or property of a consumer is subject to compensation if the damage was caused during the established service life or shelf life of the product (work).
If a product (result of work) should have a service life or expiration date established in accordance with paragraphs 2, 4 of Article 5 of this Law, but it is not established, or the consumer was not provided with complete and reliable information about the service life or expiration date, or the consumer was not informed about the necessary actions after the expiration of the service life or expiration date and the possible consequences of failure to perform these actions, or the product (result of work) after the expiration of these periods poses a danger to life and health, the damage is subject to compensation regardless of the time it was caused.
If, in accordance with paragraph 1 of Article 5 of this Law, the manufacturer (performer) has not established a service life for the product (work), damage is subject to compensation if it is caused within ten years from the date of transfer of the product (work) to the consumer, and if the day of transfer cannot be determined , from the date of manufacture of the goods (completion of work).
Damage caused as a result of defects in the goods is subject to compensation by the seller or manufacturer of the goods at the choice of the victim.
Damage caused as a result of deficiencies in the work or service is subject to compensation by the contractor.
4. The manufacturer (performer) is responsible for damage 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 (performance of work, provision of services), regardless of whether the level of scientific knowledge allowed and technical knowledge to reveal their special properties or not.
5. The manufacturer (executor, seller) is exempt from liability if he proves that the damage was caused due to force majeure or violation by the consumer of the established rules for the use, storage or transportation of goods (work, services).
Protection of consumer rights is carried out by the court.
Claims for the protection of consumer rights may be brought, at the choice of the plaintiff, to the court at the place:
- location of the organization, and if the defendant is an individual entrepreneur, his residence;
-residence or stay of the plaintiff;
- conclusion or execution of a contract.
-If a claim against an organization arises from the activities of its branch or representative office, it may be brought to court at the location of its branch or representative office.

Annotation. This article discusses the problem of legal regulation of seller liability in the field of remote purchase and sale. The legal regulations that regulate the seller's liability are analyzed. In the course of the study, the author comes to the conclusion that it is impossible to comply with the general standards of liability under a remote purchase and sale agreement. A significant problematic issue is meeting deadlines for fulfilling consumer requirements. The article proposes changes to the rules governing the responsibility of the seller to the buyer.

Keywords: distance purchase and sale agreement, seller's responsibility, term, product.

In the age of information technology, the Internet, radio and television are actively developing, therefore, there is a need for effective legal regulation of relations in this area. This is especially true in cases where the purchase and sale agreement is concluded remotely, that is, when the goods are purchased not in a stationary store, but on the Internet, via radio or television.

Today, distance trading is gaining significant momentum, which is explained by its simplicity and convenience. In addition, prices in virtual stores are an order of magnitude lower than in stationary stores. The low pricing policy is associated with the absence of the seller’s expenses for renting retail and warehouse premises and other costs that are inevitable in the conditions of purchase and sale on the spot.

Despite the above advantages, the remote purchase and sale agreement has gaps in the field of legislative regulation, since it became widespread relatively recently, unlike in Western European countries. The accelerated growth in the number of buyers has created an urgent need for legal regulation of the sphere of distance selling. Particularly relevant is the issue of settling the seller’s liability under a purchase and sale agreement concluded remotely.

A detailed analysis of this legal situation requires a step-by-step consideration of the rules of liability under a retail purchase and sale agreement, general provisions on purchase and sale, and general provisions on liability.

Thus, the seller’s liability is regulated by the Civil Code of the Russian Federation, the Law “On the Protection of Consumer Rights”, and Decree of the Government of the Russian Federation No. 612 “On approval of the Rules for the sale of goods remotely”.

The rules for selling goods remotely (clause 28) regulate the following: if the buyer purchased goods of inadequate quality and the seller did not warn him about this, then the buyer has the right to demand:

1. elimination of product defects free of charge or payment of costs associated with their correction by the buyer;
2. proportionate reduction in the cost of goods;
3. replacement of goods of inadequate quality with a product of a similar model or the same product of a different brand with a proportionate recalculation of the cost of the goods (exchange of technically complex and expensive goods is possible only if significant deficiencies are detected);
4. refusal to fulfill the contract and return of the amount of money paid for goods of inadequate quality. In this case, the buyer returns the product with defects;
5. full compensation for losses associated with the purchase of goods of inadequate quality.

A controversial measure of liability for a remote purchase and sale agreement is the gratuitous elimination of defects. According to paragraph 1 of Art. 20 of the Law “On the Protection of Consumer Rights”, if the deadline for eliminating defects in the product is not specified in writing, then such defects must be eliminated by the seller immediately, that is, within the minimum period necessary to eliminate such damage. The period for eliminating defects specified in writing must not exceed 45 days, which are established from the moment the defects in the product are discovered by the buyer. However, the above rule is applicable only in conditions of retail purchase and sale of goods in stationary places. In conditions of remote purchase and sale, this standard is difficult to implement: the seller does not have the opportunity to eliminate the defects of the product “immediately”. Moreover, even within 45 days, it is sometimes not possible to eliminate existing problems due to the territorial distance of the seller from the buyer.

There is a certain algorithm for eliminating the shortcomings of goods acquired remotely:

1. the buyer sends goods of inadequate quality to the seller;
2. the seller accepts the goods of inadequate quality, inspects them and makes an appropriate decision.

Actions to troubleshoot a product purchased remotely take a long period of time. Therefore, it is necessary to apply other rules, separate from the general provisions of the purchase and sale agreement:

– set a special deadline for eliminating defects in goods purchased remotely;

– establish the moment of sending the goods to the seller as the beginning of the period for discovering defects in the goods. Moreover, the receipt of the organization that accepted the goods for delivery will be considered proof of sending the goods to the seller;

– it is necessary to assign the costs associated with transporting goods of inadequate quality to the seller.

In relation to durable goods, the legislation establishes a three-day period for the seller to provide the buyer with another durable product that has similar consumer properties while the durable product is of poor quality and is under repair. Delivery of goods replacing goods of inadequate quality is paid at the buyer's expense.

This rule is difficult to implement when buying and selling remotely in terms of meeting deadlines and organizing trade turnover.

The period for replacing goods of inadequate quality is 7 days from the date of presentation of this requirement by the consumer. If necessary, the period can be extended to 20 days if additional verification of the goods is necessary.

The period for replacing a product may be a calendar month if the seller does not have a similar product at the moment. If it takes more than 7 days to replace a product of inadequate quality, the seller is obliged to provide durable goods within three days free of charge.

In conditions of remote purchase and sale, the seller cannot replace the goods within the general time frame, just like providing durable goods within three days.

Thus, it is necessary to establish special deadlines: to eliminate defects in goods purchased during the conclusion of a remote purchase and sale agreement - 45 days from the date of sending the goods to the seller; replacement of goods of inadequate quality - 30 days, and if additional inspection is necessary - 45 days.

It is considered appropriate to establish a rule that “the seller is not obliged to provide durable goods free of charge during the period of repair of defective goods.”

Bibliography:

1. Civil Code of the Russian Federation (part one) dated November 30, 1994 No. 51-FZ (as amended on December 29, 2017) // Russian newspaper. – 1994. – No. 238-239.
2. Netishinskaya L.F. On the issue of protecting consumer rights // Arbitration and civil process. – 2012. – No. 10. – P. 19-20.
3. On approval of the Rules for the sale of goods remotely: Decree of the Government of the Russian Federation of September 27, 2007 No. 612 (as amended on October 4, 2012) // Collection of legislation of the Russian Federation. – 2007. – No. 41. – Art. 4894.
4. On the protection of consumer rights: Law of the Russian Federation dated 02/07/1992 No. 2300-1 (as amended on 07/13/2015) // Collection of legislation of the Russian Federation. – 1996. – No. 3. – Art. 140.
5. Sherstobitov A.E. Law on Consumer Protection. Commentary on the law and the practice of its application. – M.: MCFR, 2004. – P. 200.

According to Art. 456 of the Civil Code of the Russian Federation, the seller is obliged to transfer to the buyer the goods provided for in the purchase and sale agreement. Unless otherwise provided by the purchase and sale agreement, the seller, simultaneously with the transfer of the item, transfers its accessories, as well as documents related to it (technical passport, quality certificate, operating instructions, etc.). If the seller does not transfer or refuses to transfer to the buyer accessories or documents related to the goods that he must transfer in accordance with the law, other legal acts or the purchase and sale agreement (clause 2 of Article 456 of the Civil Code of the Russian Federation), the buyer has the right to assign him a reasonable period for their transfer. If accessories or documents related to the goods are not transferred by the seller within the specified period, the buyer may refuse the goods, unless otherwise provided by the contract (Article 464 of the Civil Code of the Russian Federation).

The period for fulfillment by the seller of the obligation to transfer the goods to the buyer is determined by the sales contract, and if the contract does not allow determining this period - in accordance with the stipulated rules. A purchase and sale agreement is considered concluded with the condition of its execution by a strictly defined deadline, if it clearly follows from the agreement that if the deadline for its execution is violated, the buyer loses interest in the agreement. The seller has the right to fulfill such an agreement before or after the expiration of the period specified in it only with the consent of the buyer.

Unless otherwise provided by the purchase and sale agreement, the seller’s obligation to transfer the goods to the buyer is considered fulfilled at the moment:

delivery of the goods to the buyer or the person indicated by him, if the contract provides for the seller’s obligation to deliver the goods;

placing the goods at the disposal of the buyer, if the goods must be transferred to the buyer or a person indicated by him at the location of the goods. The goods are considered to be placed at the disposal of the buyer when, by the time specified in the contract, the goods are ready for transfer in the appropriate place and the buyer, in accordance with the terms of the contract, is aware of the readiness of the goods for transfer. Goods are not considered ready for transfer if they are not identified for the purposes of the contract by marking or otherwise.

In cases where the seller’s obligation to deliver the goods or transfer the goods at its location to the buyer does not arise from the purchase and sale agreement, the seller’s obligation to transfer the goods to the buyer is considered fulfilled at the time of delivery of the goods to the carrier or organization of communications for delivery to the buyer, unless otherwise provided by the agreement.

In accordance with Art. 459 of the Civil Code of the Russian Federation, the risk of accidental loss or accidental damage to the goods passes to the buyer from the moment when, in accordance with the law or contract, the seller is considered to have fulfilled his obligation to transfer the goods to the buyer.

The risk of accidental loss or accidental damage to goods sold while in transit passes to the buyer from the moment the purchase and sale agreement is concluded, unless otherwise provided by such agreement or business customs. The condition of the contract that the risk of accidental loss or accidental damage to the goods passes to the buyer from the moment the goods are delivered to the first carrier, at the request of the buyer may be declared invalid by the court if at the time of concluding the contract the seller knew or should have known that the goods were lost or damaged, and did not reported this to the buyer. The seller is obliged to transfer to the buyer the goods free from any rights of third parties, unless the buyer agreed to accept the goods encumbered by the rights of third parties. Failure by the seller to fulfill this obligation gives the buyer the right to demand a reduction in the price of the goods or termination of the purchase and sale agreement, unless it is proven that the buyer knew or should have known about the rights of third parties to this product. In accordance with Art. 463 of the Civil Code of the Russian Federation, if the seller refuses to transfer the sold goods to the buyer, the buyer has the right to refuse to execute the sales contract. If the seller refuses to transfer an individually defined item, the buyer may present to the seller the requirements provided for in Art. 398 Civil Code of the Russian Federation. If the seller does not transfer or refuses to transfer to the buyer accessories or documents related to the goods that he must transfer in accordance with the law, other legal acts or the purchase and sale agreement (clause 2 of Article 456 of the Civil Code of the Russian Federation), the buyer has the right to assign him a reasonable period for their transfer. If accessories or documents related to the goods are not transferred by the seller within the specified period, the buyer has the right to refuse the goods, unless otherwise provided by the contract (Article 464 of the Civil Code of the Russian Federation).

The responsibility of the seller and the buyer arises for violation of the essential terms of the purchase and sale agreement provided for by law or contract. The Civil Code of the Russian Federation establishes various forms of liability of the parties: forcing the debtor to actually fulfill the obligation, collecting a penalty from the guilty debtor, and compensation for losses.

The seller's liability may arise if he refuses to transfer the sold item to the buyer (Article 463 of the Civil Code of the Russian Federation), or when transferring to the buyer goods encumbered with the rights of third parties (Article 461 of the Civil Code of the Russian Federation). Negative consequences may occur for the seller if he violates the terms of the contract on the quantity, on the assortment of goods, when transferring incomplete goods, goods in improper containers and (or) packaging (Articles 466-468, 482 of the Civil Code of the Russian Federation).

Mandatory requirements for the quality of goods are provided for by the Federal Law “On Technical Regulation”136 dated December 27, 2002 No. 184-FZ (as amended on May 9, 2005), in accordance with which the laws on certification of products and services and on standardization were repealed. The Law on Technical Regulation is aimed at significantly improving the legal framework for establishing mandatory requirements for products and processes (methods) of their production, operation and disposal, as well as reforming the areas of standardization, conformity assessment, state control and supervision, taking into account WTO requirements

Requirements for products are divided into mandatory, which are established by technical regulations, and voluntary, which are contained in standards.

Technical regulations, taking into account the degree of risk of harm, establish the minimum necessary requirements to ensure radiation safety, nuclear and radiation safety, biological safety, explosion safety, mechanical safety, fire safety, industrial safety, thermal safety, chemical safety, electrical safety, electromagnetic compatibility and uniformity of measurements .

Technical regulations may also provide for special requirements for products, processes (methods) of production and operation, ensuring the protection of certain categories of citizens (for example, people with disabilities).

Mandatory technical requirements can only be established by federal laws, decrees of the President of the Russian Federation and decisions of the Government of the Russian Federation. The procedure for developing technical regulations ensures that public needs are taken into account in the field of establishing requirements for products (opinions of entrepreneurs and other interested parties), objectivity and transparency of the requirements, which corresponds to the provisions of WTO documents.

This law changed the legal framework and principles of standardization in the Russian Federation, the national standardization system, the procedure for the development and application of standards.

Declaration and certification as forms of confirmation of conformity have received new content.

Declaration of conformity is applied only in the case of mandatory confirmation of product compliance with the requirements of technical regulations. The declaration of conformity can be accepted by the manufacturer (seller) either on the basis of its own evidence, or on the basis of its own evidence and evidence presented by other persons.

The declaration is registered in accordance with the notification procedure.

Certification can be carried out on a voluntary basis in voluntary certification systems or on a mandatory basis. Voluntary certification is carried out at the initiative of applicants (manufacturers, performers, sellers) in order to confirm product compliance with requirements, the list of which is determined by an agreement between the applicant and the certification body. The corresponding voluntary certification systems and marks of conformity of voluntary certification systems are subject to state registration, which is carried out in a notification procedure.

Mandatory certification is carried out in cases and in the manner provided for by technical regulations.

In case of mandatory confirmation of conformity, products are marked with a single national mark of circulation on the market.

The law establishes responsibilities and procedures applied in cases of non-compliance with the requirements of technical regulations. Provisions for forced product recalls are introduced.

Transitional provisions are established for a seven-year period from the date of entry into force of the law.

Legal regulation of relations in the field of ensuring the quality and safety of food products is also carried out by the Federal Law “On the Quality and Safety of Food Products”137 dated January 2, 2000 No. 29-FZ (as amended on March 31, 2006).

The law establishes a system of state regulation (standardization, registration, licensing and certification of food products) in the field of quality and safety of food products and related areas, as well as the responsibility of government bodies, organizations, officials and citizens for the quality and safety of food products . In addition, the law provides for state guarantees in the field of ensuring the quality and safety of food products.

New food products, materials and products manufactured in the Russian Federation, food products, materials and products imported into the territory of the Russian Federation for the first time are subject to state registration.

Imported food products, materials and products are subject to state registration before their import into the territory of the Russian Federation.

When transferring goods of inadequate quality or incomplete goods, the conditions of the seller’s liability are regulated in the most detail (Articles 475-480 of the Civil Code of the Russian Federation). If the purchase and sale agreement provides for the seller to provide a guarantee of the quality of the goods, the seller is obliged to transfer to the buyer the goods, which must meet the mandatory requirements within a certain time established by the agreement (warranty period) (Articles 470, 471, 476 of the Civil Code of the Russian Federation). Quality assurance is an additional obligation of the seller. It is based on the presumption of guilt of the seller for the violation of the terms of the contract on the quality of the goods. The seller may be released from liability under the quality guarantee obligation if he proves the absence of his fault and the occurrence of defects in the goods after its transfer to the buyer as a result of the buyer’s violation of the rules for using the goods or storing them, or the actions of third parties, or force majeure (Article 476 of the Civil Code of the Russian Federation).

This design of the legal norm is aimed at protecting the rights of the buyer, who must prove the fact of defects in the goods and present corresponding demands to the seller. When transferring goods of inadequate quality, the buyer, at his choice, may demand: a proportionate reduction in the purchase price, free elimination of defects in the goods within a reasonable time, or reimbursement of his expenses for eliminating the defects of the goods. In case of significant violations of the requirements for the quality of the goods (detection of fatal deficiencies), the buyer, at his choice, refuses to fulfill the sales contract and demands the return of the amount of money paid for the goods or demands the replacement of goods of inadequate quality with goods that meet the terms of the contract (Article 475 of the Civil Code of the Russian Federation) . The rules of this article apply unless otherwise provided by the Civil Code of the Russian Federation or other law.

The Civil Code of the Russian Federation provides for the consequences of the transfer of incomplete goods (Article 480 of the Civil Code of the Russian Federation). The completeness of the goods is established by the terms of the contract or business customs. The purchase and sale agreement may establish the seller’s obligation to transfer to the buyer a certain set of goods in a set, and the obligation in this case is considered fulfilled from the moment of transfer of all goods included in the set (Article 479 of the Civil Code of the Russian Federation).

When transferring incomplete goods, the buyer has the right, at his choice, to demand from the seller either a proportionate reduction in the purchase price or complete completion of the goods within a reasonable time. If the seller has not complied with the buyer’s demands to complete the goods within a reasonable time, the buyer may demand that the incomplete goods be replaced with a complete one or refuse to fulfill the sales contract and demand the return of the amount of money paid. The specified consequences also apply in the event of a violation by the seller of the obligation to transfer a set of goods to the buyer, unless otherwise provided for in the purchase and sale agreement and does not follow from the essence of the obligation.

Negative consequences for the seller provided for in Art. 475 and 480 of the Civil Code of the Russian Federation, occur when the buyer, at his choice, has the right to demand from the seller to take certain actions aimed at protecting his violated rights. But the buyer cannot always present such strict demands to the seller. If the seller, having received the buyer’s notification of defects or incompleteness of the delivered goods, immediately replaces the delivered goods with goods of proper quality, completes the goods or replaces them with complete goods, then there will be no negative consequences for the seller. This rule is provided for when regulating a contract for the supply of goods (Articles 518, 519 of the Civil Code of the Russian Federation).

The seller's liability for violation of the terms of the purchase and sale agreement occurs only when the buyer has fulfilled his obligation: within the established or reasonable time, he notified the seller of his violation of the terms of the agreement. If this obligation is not fulfilled, the seller may refuse to satisfy the buyer's requirements in whole or in part if he proves that the buyer's failure to fulfill this obligation has resulted in the impossibility of satisfying his requirements or entails disproportionate expenses for the seller compared to those that he would have incurred if he had been notified in a timely manner. violation of the contract (Article 483 of the Civil Code of the Russian Federation). The requirements of this article oblige entrepreneurs to take into account the economic interests of their partners, remember the interdependence of rights and obligations in any agreement and that neglecting the requirements of the law may lead to losses in their own economic sphere.

Most often, the seller does not provide proper information about the product, does not respect the buyer’s right to the safety of the product, violates the terms of fulfillment of the warranty obligation, etc. At the same time, violators of consumer rights can be both small business entities, for example, auto repair shops that carry out poor-quality repairs, and giant companies from the consumer’s point of view that hide the facts release of unsafe goods. The Civil Code of the Russian Federation distinguishes the following types of retail purchase and sale agreements: sale...

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