The transport company is not. The transport company delivered the cargo with damage: procedure

When opening an online store, in addition to connecting the most popular payment systems, it is important for the service owner to solve the problem of delivering goods to the buyer. Implementing your own logistics system is associated with huge costs and is not always accessible to small and medium-sized businesses. In this article we will talk about the main criteria for choosing a delivery service for a website, their capabilities and features.

Freight carriers offer a wide variety of service rates, which greatly affects the cost of goods in the online store. To reduce costs from complex commissions, we will analyze the rules for setting prices for cargo transportation in Russia, or you can calculate the cost of delivering cargo by a transport company from the TOP10 online using the Main Mine calculator.

1. Services and options

Tariff formation

Often, logisticians with the most interesting tariffs do not provide a full package of additional services or do not deliver from your city. Historically, a situation has developed in which about 70% of online stores locate warehouses in Moscow, and some in St. Petersburg or both capitals. Accordingly, if your warehouse is not located in these cities, it is worth further checking with a potential logistics partner about the possibilities of delivery from your locality.

It is important to choose the most significant option for you from those listed above and compare delivery services that offer the best conditions for your business based on your preferred delivery configuration. In addition, it is necessary to take into account not only the delivery of goods, but also the functions that will facilitate the transport processes of the online store.

Services and options

1. Packing and repacking

It is not always possible for an online store to open a fully functional warehouse. For owners of small and medium-sized businesses, transport companies offer packaging services. For reliable packaging, a fee of up to 100 rubles per delivery unit is charged. In case of insufficient or damaged packaging, logisticians will repackage your order for an additional fee. The same service includes sticking labels - a barcode with order data, according to which the cargo carrier’s employees will carry out delivery.

The final weight, size and delivery cost depend on the type of packaging, respectively. Let's look at cargo packaging options:

• Pallet board (pallets)- the most reliable option. Suitable for fragile orders, machinery and complex equipment and used in any type of transportation. Maximum dimensions within 1.5×1×2m. The design is collapsible.
• Rigid packaging (crate)- used to protect fragile and valuable cargo, transport bicycle goods and auto parts. The structure consists of boards and nails.
• Rigid box- a completely closed design that protects the cargo from unauthorized access and damage. Quite a voluminous packaging option.
• Bag- a method of delivering goods that are more resistant to damage. This packaging method prevents disruption of the order.
• Bubble wrap- a method of packaging goods susceptible to scratches. Due to its low weight, it slightly increases the cost of the order.
• Stretch film- also lightweight packaging material. Protects cargo from scratches and chips, but is not suitable for ultra-fragile goods.
• Packages and envelopes- for small orders, it is logical to use high-strength packaging bags, combined with other methods of protection.
• Cardboard- a regular cardboard box. Best choice for unbreakable orders less than 30kg.

2. Pickup of cargo around the city and pickup

The delivery service can come to pick up orders at your warehouse at a separate rate - about 300 rubles per car. Or your employees can bring all orders to a transport company warehouse convenient for you, which is almost always free of charge.

3. Return to the store warehouse

If the buyer for some reason does not accept the order, the transport service can bring it back to you at the next pickup or give it to you at the next pickup. You can pick up returns from the logistics warehouse for free, but delivery to the store often requires additional costs, just under 100 rubles per order. The return of accompanying documents is carried out by the logistics company. It is possible to issue a “return” parcel with a new tracking number - it depends on the operating methods of the selected delivery service.

4. Sorting

If you simultaneously transfer orders to the carrier for several dates, cities or delivery methods, you can use paid sorting services so as not to burden your employees. In this case, inter-terminal transportation is carried out by the delivery service.

5. Storage of returns (excessive storage)

Since small online stores do not ship new orders every day, so as not to send the car again specifically for returns, they can be stored in the logistics warehouse, but at a separate rate - usually 40-100 rubles per day per parking space.

6. Waiting for the courier

Standard practice is to wait for the courier at the recipient's address free of charge, usually up to 15 minutes. However, in order to increase the number of successfully delivered orders, you can supplement the service with a paid wait, up to 30-60 minutes.

7. Cash on delivery

When paying online, delivery services do not accept funds from the buyer for the goods, only payment for delivery upon receipt is possible. However, if your client is not sure about the selected product or wants to check the package contents, it is logical to place orders with payment on the spot. Some carriers have a partial payment option at checkout. After delivery is completed, funds for the order are transferred by the transport company to your account.

8. Delivery times from/to door

For some types of businesses, it is essential to deliver goods same day or around the clock. Not all transport companies can offer such a service. It is convenient for the buyer to receive the goods within 1-3 hours, otherwise it is impossible to plan personal time. Avoid companies that deliver goods throughout the day without specifying an exact interval.

The service is equally relevant for the collection of your orders by transport company employees. Prefer logisticians who offer short time slots when orders will be collected and work on weekends.

9. Pre-mail preparation

To send orders by Russian Post, it is necessary to pack the box in a special way and prepare a number of accompanying documents according to strict standards. Often, an online store does not have the equipment and the ability to perform these actions. Transport companies cooperating with Russian Post come to the rescue. Please note that Post is the only delivery method to extremely hard-to-reach regions. Sometimes the Post Office is also the only point of communication with the world for small settlements in the outback.

10. Declaration of value

Insuring cargo against damage or loss costs money, but it reduces the risk of theft and damage to the package. The declared value is indicated at the time of purchase and is refunded in the event of force majeure. However, delivery services charge a small percentage of the amount to compensate for their own risks.

11. Deadlines for transferring funds

Pay attention to the terms of the contract relating to the timing of financial settlements. The most common problem: the order is delivered within several weeks, and the funds for it are transferred after some time. Give preference to cargo carriers that transfer money weekly, regardless of delivery completion.

12. Cargo tracking

Delivery of goods using transport companies is associated with high risks: human factor, technical errors, losses, accidents, etc. To simplify interaction on delivery of specific orders, make sure that the selected logistics partner provides a personal account.

Mandatory functions of the personal account:

• viewing a list of orders with details and current delivery status;
• uploading a register of completed deliveries;
• editing an order;
• Cancellations;
• return initiation;
• downloading the financial register;
• contacting support;
• application for tariff changes and calculator;
• creating an order manually;
• delivery statistics by region, time interval, etc.

13. Delivery of fragile and perishable goods

Most delivery services try to refuse to transport goods that may be damaged in transit. Therefore, for such categories of goods, when working with them, special, very high tariffs are assigned. If it is important for you to transport non-standard items, check the possibilities in this regard separately - websites rarely provide complete information.

14. Technical integration

As with connecting payment systems, in order to start sending orders, it is necessary to carry out technical integration, or integration via API, or through a module for CMS. For small businesses, it is possible to create orders only through the delivery service’s personal account, which will greatly reduce the time for integration.

The minimum functionality of the delivery service API must contain methods for creating, updating and canceling an order. However, APIs often contain many optional methods and difficult-to-understand documentation.

The parameters of the created order contain all the delivery conditions for a specific product, and sometimes the contents of the basket. In response, the logistics system returns the delivery cost. After confirming the order, you must prepare accompanying documents and transfer the order to the transport company. Next, the online store only needs to check the delivery status.

The main difficulty of technical integration lies in the close connection between online and offline processes. In addition to direct integration with the site, it is necessary to establish interaction with the warehouse system, implement a form for creating an order on the site, and perform a lot of other actions.

Choosing a transport company

1. Decide on the main tariff parameter. Geography, speed, dimensions, in person.
2. Select freight companies that pick up orders from your city.
3. Compare rates for the most popular destinations for your business.
4. Decide on the type of integration.
5. Make a list of the additional options you need.

When choosing a delivery service for an online store, you can independently compare the tariffs of transport companies for the delivery of goods and choose the ideal logistics partner. Give preference to large and proven companies. A delivery cost calculator in Russia will help with this: we have regularly updated tariffs of such transport companies as Business Lines, PEK, KIT.

Transport companies created to provide transport services throughout the country and abroad. Logistics is now reaching a new level; not a single profitable business can exist without any transportation. In order for everything to work at the highest level and stay on schedule, high-quality transport services are necessary. The main goal of most companies is to provide professional services in the field of transport logistics and freight transportation.

Transport companies are very common now. They work in many directions. The logistics of our country is actively established in the CIS countries, Asia and Europe. In each professional company, specialists will handle all the documentation, select the right type of transport, help develop the most profitable route and help with customs clearance of the cargo. The database of transport companies includes dozens of different optimal offers.

SBL is a directory of transport companies

Now it is profitable to cooperate with transport companies that have good connections not only in Russia, but also with Abkhazia, Armenia, Belarus, Kazakhstan, Kyrgyzstan, Iran, the European Union and other countries. Because the more partners a company has, the more influential and better it is, and investors and business owners always strive for reliability, stability and high quality.

Popularity and rating of transport companies:

• "Business Line";
• GTD (whale);
• "ZhelDorExpedition";
• "Energy" and many others.

The list of transport companies is constantly updated as new offers appear on the market. Transport companies open almost every day, but you shouldn’t contact the first one you come across. It is recommended to carefully study reviews, descriptions and look at the place in the rating. Most of our transport vehicles are placed in the sbl catalog and calculations for them are available on the calculator.

Popular cities with transport companies:

Main types of transport companies

The activities of transport companies by type of freight transportation are divided into the following types:

• transportation of consolidated cargo;
• air transportation;
• rail transportation;
• transportation by truck;
• Fast shipping;
• delivery of oversized cargo;
• Container Shipping;
• transportation of dangerous goods;
• refrigerated transportation;
• shipping.

Why is delivery of groupage cargo so popular?

Nowadays, people are increasingly turning to transport companies that deliver groupage cargo, since it is very profitable. This service is necessary for an organization that needs to transport goods or cargo of small volumes, weight or dimensions, but does not want to hire a car. This can be either one-time or stable cooperation. A reliable company usually provides reliable, high-quality delivery to any corner of the country and is responsible for the cargo.

• at least five years of presence on the market;
• the status of the organization, which is confirmed by membership in various international companies;
• cooperation with an insurance company;
• geography;

Our company cooperates with reliable transport companies (hereinafter referred to as TC), which perform their work as responsibly, quickly and accurately, in accordance with all the requirements of our store, so that the client is satisfied with everything. However, we must not forget that in the work of any transport company, as elsewhere, the so-called “human factor” cannot be excluded, because no one can be immune from mistakes by the cargo carrier’s personnel.

Important information:

• When handing over the cargo to the transport company, the cargo is photographed and in the consignment note (waybill) it is written that the cargo was accepted without damage. It happens that employees of some transport companies write in the TTN that the cargo is accepted with damage in order to relieve themselves of responsibility for possible damage to the cargo during its transportation. In such cases, we invite the transport company employee to jointly open the packaging of the goods, check its integrity, record it with photographs and note in the TTN that the goods were accepted without damage. If the transport company employee refuses to inspect the cargo and insists on accepting the damaged cargo, then we do not send the goods this transport company.
• When registering cargo for transportation, it is mandatory to take out cargo insurance in accordance with the accompanying documents.
• If the cargo is damaged due to the fault of the carrier, the owner of the cargo (recipient) is compensated by the transport company for damages in the amount of the full cost of the damaged part of the goods.

Rules for accepting cargo from transport companies:

IF DAMAGE TO THE CARGO IS DISCOVERED AFTER THE CARGO IS SIGNED AND THE CARGO HAS LEFT THE TERRITORY OF THE TRANSPORT COMPANY, CLAIMS WILL NOT BE ACCEPTED UNDER ANY CIRCUMSTANCES!

Procedure for accepting cargo:

1. Check the actual number of places with that indicated in the consignment note (waybill). If the number of places does not match, open the cargo and accept the goods by item, and also compulsorily draw up a report on the discrepancy in places in the presence of TC employees.
2. Check the visual integrity of the outer packaging. It should not have through holes, damage or bruises, or traces of jumping (traces of “double tape” are unacceptable on factory packaging). The presence of incomprehensible or suspicious packaging is also a condition for drawing up a report of violations and refusal to accept the goods. Please note that our company does not engage in additional packaging of cargo (the goods can only be packed in original packaging)! In case of any violations, take a photograph of the goods or make a video recording of the opening of the cargo package in the presence of TC employees, draw up a Report in which you describe the detected violations, such as damage, absence or substitution of goods, etc. Subsequently, the photographs and videos you take will become the most objective and irrefutable arguments of the recorded violation.
3. Check the weight and volume of the goods using the bill of lading (Bill of Lading). If possible (when receiving at the terminal), request that the cargo be re-weighed and measured in your presence. If there is a discrepancy in weight or volume, the procedure is the same as for other violations - be sure to open the cargo in the presence of a TC representative and accept the goods according to the items in accordance with the invoice and packing lists, draw up a report on the discrepancy in weight or volume.

   Please note that one copy of the Act with the original seal of the TC and the signature of the TC employee remains with you (the consignee). The transport company engaged in delivery considers its obligations to the recipient fulfilled if the consignee does not draw up a report of violations and signs that there are no claims in the shipping documents. Reminds that the act must be drawn up upon receipt of the cargo with the participation of a representative of the TC and the consignee, as well as signed by both parties. The act must be certified with the blue seal of the Labor Code.

   If a TC employee refuses to sign the act, under no circumstances DO NOT ACCEPT CARGO! Be sure to take a photo or video of the cargo at the TK warehouse, try to find out the details of the employee who refused to sign or accept the act, demand that the reason for the refusal be stated, and urgently contact us on the same day. Send copies of records and the violation report to our email: . You can count on the help of our specialists and we are ready to provide you with all additional documents that will be necessary to solve the problems that arise.

List of services provided:

• daily delivery of cargo to every city of the Eurasian Union (Russia, Kazakhstan, Belarus, Armenia, Kyrgyzstan) by road;
• acceptance of cargo for transportation without the participation of the consignee;
• door-to-door cargo delivery;
• accepting applications for cargo transportation via the Internet;
• concluding contracts for transport and forwarding services for enterprises;
• free storage of arrived cargo for 3 days;
• organization of insurance and customs clearance of goods.

The shipper is obliged to provide reliable information about the quantity and nature of the cargo, and provide all documents necessary for the transportation of the cargo. In case of failure to provide the specified consignment note, the parties agreed that the cargo is considered with a declared value of 5,000 rubles.

For timely pickup of cargo in Moscow and St. Petersburg, the application must be submitted no later than 17:00 of the current day. In this case, the application will be processed on the next business day. In Moscow, the cost of pickup/delivery of cargo from addresses located within the Third Transport Ring increases by 500 rubles, and for addresses located outside the Moscow Ring Road, a service is added - Travel outside the city limits.

The following are not accepted for shipment:

• firearms, signal, pneumatic, gas weapons, ammunition, edged weapons (including throwing weapons), electroshock devices and spark gaps, as well as main parts of firearms;
• narcotic drugs, psychotropic, potent, radioactive, explosive, as well as poisonous, caustic, flammable and other dangerous substances;
• animals and plants;
• banknotes of the Russian Federation, foreign currency, securities: shares, bills, etc.;
• cargo that requires a certain temperature regime during storage and transportation;
• perishable food products;
• objects and substances that, by their nature or packaging, may pose a danger to the company’s employees, pollute or spoil (damage) other cargo and transport of the company;
• cargo without packaging that excludes access to the contents, with the exception of indivisible
• other cargo, the transportation of which is prohibited by current legislation and/or the Rules for the provision of transport and forwarding services.

Packing of cargo.

Cargo is accepted for transportation in packaging that ensures the safety of the cargo during transportation. Each place must be marked indicating the exact names of the sender and recipient, their addresses and telephone numbers.

Requirements for cargo transferred for transportation:

1. The cargo must be transferred for transportation in proper transport packaging. If the packaging does not meet the requirements established by the Rules for the provision of freight forwarding services, the Forwarder notifies the Client or the shipper of the need to bring the packaging into compliance with these requirements, as well as of the additional costs arising in connection with this. The client or shipper has the right, within 3 hours from the date of sending such notification, to notify the Forwarder in writing of their readiness to bring the packaging into compliance with the requirements established in the Rules on their own and at their own expense. If the Client does not inform the Forwarder of his readiness to independently bring the packaging into compliance with the requirements, the Parties proceed from the fact that the Client has instructed the Forwarder to carry out the necessary actions on his own, at the expense and in the interests of the Client.
2. The cargo delivered to the warehouse by the Shipper must be packaged in such a way that it cannot move inside the package. If there are voids inside the package, the company cannot guarantee that the appearance of the cargo will not be damaged.
3. If there are special requirements for the transported cargo, the Shipper is obliged to indicate these requirements on the cargo packaging (make markings), as well as separately notify the Transport company about these requirements when registering the cargo for transportation.
4. When delivering cargo to the terminal, it is necessary to prepare the cargo for transfer to company employees, namely, obtain labeling for the cargo and move the cargo onto the ramp. Cargo is accepted from the loading ramp and not from the parking area.

Labeling requirements:

• is made on a clearly visible, separate sheet of paper and is glued to each piece of cargo. (Inscriptions made with a marker are not markings).
• Cargo of the same type with a total number of pieces of up to 20 is 100% marked.
• The same type of cargo with a total number of more than 20 pieces is marked in at least 20% of the total number of pieces.
• The following data must be indicated: Sender of the cargo, Recipient of the cargo, Destination city, total number of places.

Sending / receiving cargo:

• for legal entities - a power of attorney of the established form for sending/receiving cargo from the Forwarder. In the case of sending/receiving cargo directly by the head of the organization with a SEAL, his authority is confirmed by one of the following documents
• a copy of the decision or protocol of the founder (participant) of the organization on the appointment of a manager, certified by the seal and signature of the head of the organization;
• a copy of the order (extract from the order) on the appointment of a manager to a position, certified by the seal and signature of the head of the organization;
• an original or a copy of an extract from the Unified State Register of Legal Entities, issued by the tax authority no later than 30 days before its presentation, certified by the seal and signature of the head of the organization.

  The manager also provides an identification document.

  * The presence of the organization’s seal on the person sending/receiving the cargo does not confirm his authority to send/receive the cargo.;

• for individuals - PASSPORT.

Documents for receiving cargo

Entity

I. If the recipient or sender is a director:

2) minutes or decision of the participant(s) on appointment to the position of director;

3) the seal of the organization, if there is no confirmation that the organization operates without a seal.

II. If the recipient or sender is a representative by proxy:

1) an identification document specified in the power of attorney;

2) the original power of attorney, certified by the director or notarized;

3) the seal of the organization, if there is no confirmation that it operates without a seal.

Individual entrepreneur

I. If received/sent personally:

1) identity document;

2) printing, if the individual entrepreneur works with printing.

II. If a representative receives or sends by proxy:

1) an identification document of the representative, which is indicated in the power of attorney;

2) the original power of attorney, certified by the individual entrepreneur or notarized;

3) printing, if the individual entrepreneur works with printing.

Individual

I. Receives/sends the cargo personally:

1) Identification document.

II. Receives/sends through a representative:

1) Identification document of the representative specified in the power of attorney;

2) Power of attorney:

2.1) Original power of attorney certified by a notary;

2.2) Original power of attorney certified by an employee of GTD;

2.3) Original power of attorney certified by the employer or head of the organization where the principal is studying or undergoing treatment, photo of the representative with a passport.

*Please note that an identification document, in accordance with the current legislation of the Russian Federation, is:

1) Passport of a citizen of the Russian Federation;

2) Identity card of a Russian military personnel; military ID of a soldier, sailor, sergeant, sergeant major, warrant officer, midshipman and reserve officer;

3) Temporary identity card of a citizen of the Russian Federation, issued at the time of registration of the passport.

Payment for services:

Payment for the Forwarder's services must be made no later than three banking days from the date of issuing the invoice until the delivery of the cargo to the Consignee, unless the Agreement between the Parties provides for a different payment procedure.

A fee for late receipt of cargo is charged if the cargo is stored at the Forwarder's warehouse for more than 3 (three) working days from the date of notification of the Consignee. The price is indicated for one cubic meter per day.

The Forwarder sends a notification to the Consignee about the arrival of the cargo in any way convenient for the Forwarder: by email, by telephone or via SMS notification (short text message). Notification by any of these methods is considered proper and sufficient.

The minimum cost of storing cargo, regardless of its weight, sent under one sender's forwarding receipt is 50 rubles. In the cities of Moscow, Novosibirsk, Tomsk and Yekaterinburg - 100 rubles.

Dispute resolution procedure:

1. All claims must be made in writing within 6 months from the date the right to make a claim arose. The impossibility of restoring the cargo, the fact of damage, and the amount of damage caused is proven by the Client.
2. A claim for loss, shortage or damage (spoilage) of cargo must be accompanied by documents justifying the right to submit it, as well as documents confirming the cost of restoration repairs or the cost of acquisition costs in the event of the impossibility of restoration or loss of the cargo.
3. A commercial report on the identified shortage, damage (deterioration) of the cargo must be drawn up immediately at the time of delivery of the cargo by the Forwarder to the Consignee. A report drawn up by the Client without the participation of the Forwarder cannot be accepted for consideration. If at the time of delivery of the cargo to the Consignee the Certificate has not been drawn up, it is considered that the cargo has been received completely and undamaged.

   Claims for shortages, damage (spoilage) of cargo discovered after delivery of the cargo are not subject to satisfaction, except in cases where the Client, upon receiving the cargo with the necessary attention and diligence, was not able to detect the defects. The client is obliged to prove these circumstances.

4. Reimbursement for claims made on the basis of the impossibility of restoration (sale, use) of damaged/damaged cargo is made after the transfer of the said cargo by the Client to the Forwarder. From the moment such damage is compensated to the Client, ownership of the cargo passes to the Forwarder.
5. All disputes that may arise under the TEU agreement or in connection with it are subject to resolution with mandatory compliance with the preliminary claims procedure.

   If an agreement is not reached between the parties in the claim procedure, the dispute is considered in court at the location of the Forwarder (for Clients - legal entities and individual entrepreneurs), and for Clients - individuals, in accordance with the rules of alternative jurisdiction - in a court of the choice of the Claimant.

Transport company GTDVladimir Vysotsky, 45/building 10+7 800 234-59-60 https://site/images/static/bg/gpl-big-logo.png

Rules for the provision of services

1. The transport company damaged the cargo. Can I request a refund for shipping?

1.1. Hello.
How much is the damage?

Kontuadze Guram Guramovich

1.2. It is necessary to contact the dried goods and then file a claim, with uv.

2. Are there any delivery deadlines for the transport company?

Plyasunov Konstantin Andreevich

2.1. Hello.
A contract is an agreement between two or more persons to establish, change or terminate civil rights and obligations.

The terms are specified in the contract.

Mitskus Oksana Nikolaevna

2.2. are there any deadlines?
The terms and other conditions must be stipulated in the supply contract; read the contract; if there are violations of the contract, file a claim.

3. The transport company missed the delivery deadline, how to punish?

Lukashina Elena Alexandrovna

3.1. Hello, you have entered into an agreement with each other, there are conditions and also a penalty for this, within the framework of this agreement you need to write them a claim and indicate the response time, after which you can recover all expenses incurred from them in court, the claim is filed at the location of the defendant.

Egorova Ekaterina Alexandrovna

3.2. Hello, please submit a written complaint. If the demands are not satisfied voluntarily, then the only option left is judicial procedure.
Good luck and all the best

Matrosova Tatyana Alexandrovna

3.3. Good afternoon, Alexander!

Review your contract with the transport company. The contract should indicate what you can present to the company in case of violation of deadlines.

3.4. Hello, Alexander.
You can punish in accordance with the terms of the contract, for example. If a penalty is prescribed for violation of deadlines. If it is not registered, then a legal penalty can be applied under Article 395 of the Civil Code of the Russian Federation.
Also, the contract may contain other conditions of liability for violation of obligations according to the deadline.
Thank you for your request.

4. Delivery time of the goods by the transport company.

Levichev Denis Alexandrovich

4.1. The transport expedition agreement states. Article 801. Transport expedition agreement

GUARANTEE:
See Encyclopedias and other comments to Article 801 of the Civil Code of the Russian Federation
1. Under a transport expedition agreement, one party (the forwarder) undertakes, for a fee and at the expense of the other party (the client - the shipper or consignee), to perform or organize the performance of services related to the transportation of goods specified in the expedition agreement.
A transport expedition agreement may provide for the forwarder’s obligations to organize the transportation of cargo by transport and along the route chosen by the forwarder or the client, the forwarder’s obligation to conclude on behalf of the client or on his own behalf an agreement (agreements) for the carriage of goods, to ensure the sending and receipt of cargo, as well as other obligations related with transportation.
As additional services, the transport expedition contract may provide for the implementation of operations necessary for the delivery of cargo, such as obtaining documents required for export or import, performing customs and other formalities, checking the quantity and condition of cargo, loading and unloading it, paying duties, fees and others. expenses imposed on the client, storing the cargo, receiving it at the destination, as well as performing other operations and services provided for by the contract.
2. The rules of this chapter also apply to cases when, in accordance with the contract, the duties of the forwarder are performed by the carrier.
3. The conditions for fulfilling the transport expedition contract are determined by agreement of the parties, unless otherwise established by the law on transport and forwarding activities, other laws or other legal acts.

Article 802. Form of a transport expedition agreement

GUARANTEE:
See Encyclopedias and other comments to Article 802 of the Civil Code of the Russian Federation
1. The transport expedition agreement is concluded in writing.
2. The client must issue a power of attorney to the forwarder if it is necessary for the performance of his duties.

Question on topic

The product was purchased from an online store. The buyer, a citizen of another state, paid money both for the goods and for delivery. The transport company lost the cargo. How to resolve the issue of a product, a refund to the buyer, since the online store refuses to return the money and does not want to resolve the issue with the transport company?

5. We need a sample claim for violation of delivery times by the transport company.

Kostikova Natalya Sergeevna

5.1. Good afternoon. Contact a lawyer for assistance in drafting.

Shulga Leonid Alexandrovich

5.2. Hello. The claim is written in any form depending on the circumstances of the case. If you need help, call.

6. The cargo was sent to me by a transport company (usually such cargo is delivered to me in 2-3 days), now more than a week has passed. I called the shopping center to find out about my cargo, they told me that they didn’t know where it was, then I decided to write to their official. The mail, they didn’t tell me anything specifically, they said that they had sent a request to the warehouse. I understand that most likely they lost the cargo and now they will play for time. There is nothing on the company's website about delivery times. I want to write a complaint to TC about the failure of my contracts with clients, what can be regulated? I didn't find any relevant information. Thank you.

Kalashnikov Vladimir Valentinovich

6.1. In this case, you can write about general deadlines that are regulated by general norms. In particular Art. 314 Civil Code of the Russian Federation. It is 7 days.
Art. 314 Civil Code of the Russian Federation:


2. In cases where the obligation does not provide for a deadline for its fulfillment and does not contain conditions allowing to determine this period, as well as in cases where the deadline for fulfilling the obligation is determined by the moment of demand, the obligation must be fulfilled within seven days from the date the creditor submits a demand for its execution, unless the obligation to perform at another time is provided for by law, other legal acts, terms of the obligation, or does not follow from customs or the essence of the obligation. If the creditor fails to submit a demand for the fulfillment of such an obligation within a reasonable time, the debtor has the right to demand that the creditor accept performance, unless otherwise provided by law, other legal acts, the terms of the obligation, or is clear from customs or the essence of the obligation.

Sadykov Ildar Fanisovich

6.2. Hello, dear Elena! In your complaint, you can refer to the rules of law given below. But what matters most is whether the delivery date is missed or not. Those. what period was stipulated in the delivery rules or delivery contract by the transport company. If the period is not specified, then assume it is equal to 7 days in accordance with Article 314 of the Civil Code of the Russian Federation. And if you are an entrepreneur, you can be guided by Articles 309 and 314 of the Civil Code of the Russian Federation if the deadline is missed.

Article 309. General provisions

Obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements - in accordance with customs or other usually imposed requirements.

The terms of a transaction may provide for the fulfillment by its parties of obligations arising from it upon the occurrence of certain circumstances without a separately expressed additional will of its parties aimed at fulfilling the obligation through the use of information technologies determined by the terms of the transaction.

Article 314. Time limit for fulfilling an obligation

1. If an obligation provides for or makes it possible to determine the day of its fulfillment or the period during which it must be fulfilled (including if this period is calculated from the moment the other party fulfills its obligations or the occurrence of other circumstances provided for by law or contract), the obligation is subject to execution on that day or, accordingly, at any time within such period.

2. In cases where the obligation does not provide for a deadline for its fulfillment and does not contain conditions allowing to determine this period, as well as in cases where the deadline for fulfilling the obligation is determined by the moment of demand, the obligation must be fulfilled within seven days from the date the creditor submits a demand for its execution, unless the obligation to perform at another time is provided for by law, other legal acts, terms of the obligation, or does not follow from customs or the essence of the obligation. If the creditor fails to submit a demand for the fulfillment of such an obligation within a reasonable time, the debtor has the right to demand that the creditor accept performance, unless otherwise provided by law, other legal acts, the terms of the obligation, or is clear from customs or the essence of the obligation.

If it is a consumer, then you can justify that the service was not provided, was provided poorly, was not provided on time, if it was missed (Article 27-29 of the Law of the Russian Federation of February 7, 1992 N 2300-I “On the Protection of Consumer Rights”).

And in any case, according to Article 15 of the Civil Code of the Russian Federation, if losses are caused, then the following have the right to recover them:

If the deadline has not yet been missed, then formally your right has not yet been violated and it is too early to make a claim.

Chikshov Pavel Nikolaevich

6.3. Hello.
Here's the legal basis
Article 792 of the Civil Code of the Russian Federation. Delivery times for cargo, passengers and luggage

The carrier is obliged to deliver cargo, passengers or luggage to the destination within the time limits determined in the manner prescribed by transport charters, codes and other laws, and in the absence of such terms, within a reasonable time.

Article 793. Liability for violation of transportation obligations

1. In case of non-fulfillment or improper fulfillment of transportation obligations, the parties bear responsibility established by this Code, transport charters, codes and other laws, as well as by agreement of the parties.
Article 796. Carrier’s liability for loss, shortage and damage (spoilage) of cargo or luggage

1. The carrier is responsible for failure to preserve cargo or luggage that occurs after accepting it for transportation and before handing it over to the consignee, the person authorized by him or the person authorized to receive the luggage, unless he proves that the loss, shortage or damage (spoilage) of the cargo or luggage occurred due to circumstances that the carrier could not prevent and the elimination of which did not depend on him.
2. Damage caused during the transportation of cargo or luggage is compensated by the carrier:

Article 797. Claims and suits for the transportation of goods

1. Before filing a claim against the carrier arising from the transportation of cargo, it is mandatory to present a claim to him in the manner prescribed by the relevant transport charter or code.
2. A claim against the carrier may be brought by the consignor or consignee in the event of a complete or partial refusal of the carrier to satisfy the claim or failure to receive a response from the carrier within thirty days.
3. The limitation period for claims arising from the transportation of goods is established at one year from the date determined in accordance with transport charters and codes.

Therefore, you must first submit a claim if the shipment delivery time is missed. If there is no response or refusal to deliver the goods within 30 days, then you can file a claim.

Shabanov Nikolay Yurievich

6.4. Hello, you should be guided by the terms of your contract with the transport company, as well as the provisions of the Civil Code of the Russian Federation Article 785. Contract for the carriage of goods

Article 792. Delivery times for cargo, passengers and luggage
The carrier is obliged to deliver cargo, passengers or luggage to the destination within the time limits determined in the manner prescribed by transport charters, codes and other laws, and in the absence of such terms, within a reasonable time. If the period is not specified in the contract, it matters how the cargo is delivered to you, i.e. what type of transport, depending on this, the “Code of Merchant Shipping of the Russian Federation” dated 04/30/1999 N 81-FZ, “Code of Inland Water Transport of the Russian Federation” dated 03/07/2001 N 24-FZ, “Air Code of the Russian Federation” dated 03/19/1997 N 60-FZ
Federal Law of January 10, 2003 N 18-FZ (as amended on August 2, 2019)
"Charter of railway transport of the Russian Federation"
Federal Law of November 8, 2007 N 259-FZ (as amended on October 30, 2018)
"Charter of road transport and urban ground electric transport"
For example, if delivery is provided by road transport, then in accordance with Federal Law dated November 8, 2007 N 259-FZ (as amended on October 30, 2018) “Charter of Road Transport and Urban Ground Electric Transport” Article 14. Cargo delivery times
1. Carriers are obliged to deliver goods within the time limits established by the contract for the carriage of goods, and if the specified periods are not established in the contract for the carriage of goods, within the time limits established by the rules for the carriage of goods.
2. The carrier is obliged to inform the shipper and consignee about the delay in delivery of cargo.
3. Unless otherwise established by the contract for the carriage of goods, the consignor and consignee have the right to consider the cargo lost and demand compensation for damages for the lost cargo if it was not released to the consignee at his request:
1) within ten days from the date of acceptance of cargo for transportation during transportation in urban and suburban communications;
2) within thirty days from the day when the cargo was supposed to be delivered to the consignee, when transported in intercity traffic. Therefore, you should clarify this question.

Parfenov Valery Nikolaevich

6.5. If the delivery time of the cargo was not agreed upon with the transport company, then paragraph 2 of Article 314 of the Civil Code of the Russian Federation applies in your situation:
In cases where the obligation does not provide for a deadline for its fulfillment and does not contain conditions allowing to determine this period, as well as in cases where the deadline for fulfilling the obligation is determined by the moment of demand, the obligation must be fulfilled within seven days from the date the creditor submits a demand for its fulfillment , unless the obligation to perform at another time is provided for by law, other legal acts, terms of the obligation, or does not follow from customs or the essence of the obligation.
Please note what is written in the fragment I highlighted: the period of seven days begins to run from the moment you present a demand to the transport company to fulfill the obligation to deliver the goods, so there is little point in a claim indicating the failure of your contracts with clients, because you will not be able to claim compensation your losses under Article 15 of the Civil Code of the Russian Federation from the failure of contracts. In order to avoid such situations in the future, you should clearly discuss the deadline.

Ikaeva Maryana Nikolaevna

6.6. Hello, Elena
If you have drawn up a supply contract, stipulating terms and payment in it, then for failure to deliver on time, lost profits and compensation for losses, file a claim with the shipper and in court, Article 785 of the Civil Code of the Russian Federation, Article 15 of the Civil Code of the Russian Federation
Civil Code of the Russian Federation Article 785. Contract for the carriage of goods
Prospects and risks of litigation. Situations related to Art. 785 Civil Code of the Russian Federation

1. Under a contract for the carriage of goods, the carrier undertakes to deliver the cargo entrusted to him by the sender to the destination and hand it over to the person authorized to receive the goods (recipient), and the sender undertakes to pay the established fee for the carriage of goods.
2. The conclusion of a contract for the carriage of goods is confirmed by the preparation and issuance to the sender of the goods of a transport bill of lading (a bill of lading or other document for the cargo provided for by the relevant transport charter or code).

7. The product was purchased in an online store. The buyer, a citizen of another state, paid money both for the goods and for delivery. The transport company lost the cargo. How to resolve the issue of a product, a refund to the buyer, since the online store refuses to return the money and does not want to resolve the issue with the transport company?

Medvedev Vladislav Igorevich

7.1. Hello! If possible, please clarify the content of the question in more detail, including the name and details of the seller.

8. I bought a milking machine in an online store with prepayment, delivery was carried out by a transport company. I received the cargo, and at home I discovered damage to the device, significant damage - two cracks on the gearbox housing from which technical oil was leaking. The cost of the device is 32,000 rubles + delivery is about 2,000 rubles. What should I do, how to compensate for losses, 5 days have passed since the receipt of the goods.

Sadykov Ildar Fanisovich

8.1. Hello, dear Natalia! Let's go in order. You must first file a claim with the seller to get the money back, because... You have claims regarding the quality of the goods (Articles 469-470, 474-475 of the Civil Code of the Russian Federation) due to a significant violation of quality requirements. Apparently this is for business purposes. So the Law of the Russian Federation of February 7, 1992 N 2300-I “On the Protection of Consumer Rights” is not applicable here. After following the pre-trial procedure, you will have to file a claim in court.

Article 469. Quality of goods

1. The seller is obliged to transfer to the buyer goods, the quality of which corresponds to the purchase and sale agreement.

2. If there are no conditions in the sales contract regarding the quality of the goods, the seller is obliged to transfer to the buyer goods suitable for the purposes for which goods of this kind are usually used.

If the seller, at the conclusion of the contract, was informed by the buyer about the specific purposes of purchasing the goods, the seller is obliged to transfer to the buyer the goods suitable for use in accordance with these purposes.

3. When selling goods according to a sample and (or) description, the seller is obliged to transfer to the buyer the goods that correspond to the sample and (or) description.

4. If the law or the procedure established by it provides for mandatory requirements for the quality of the goods being sold, then the seller carrying out entrepreneurial activities is obliged to transfer to the buyer goods that meet these mandatory requirements.

By agreement between the seller and the buyer, goods may be transferred that meet increased quality requirements in comparison with the mandatory requirements provided for by law or in the manner established by it.

Article 470. Guarantee of quality of goods

1. The goods that the seller is obliged to transfer to the buyer must comply with the requirements provided for in Article 469 of this Code at the time of transfer to the buyer, unless another moment for determining the goods’ compliance with these requirements is provided for in the sales contract, and within a reasonable period must be suitable for the purposes for which products of this kind are usually used.

2. In the case where the purchase and sale agreement provides for the provision by the seller of a guarantee of the quality of the goods, the seller is obliged to transfer to the buyer the goods, which must meet the requirements provided for in Article 469 of this Code, within a certain time established by the agreement (guarantee period).

3. The quality guarantee of the product also applies to all its constituent parts (components), unless otherwise provided by the purchase and sale agreement.
According to Article 474-475 of the Civil Code of the Russian Federation:
Article 474. Checking the quality of goods

1. Checking the quality of goods may be provided for by law, other legal acts, mandatory requirements established in accordance with the legislation of the Russian Federation on technical regulation, or a sales contract.

The procedure for checking the quality of goods is established by law, other legal acts, mandatory requirements established in accordance with the legislation of the Russian Federation on technical regulation, or an agreement. In cases where the inspection procedure is established by law, other legal acts, mandatory requirements established in accordance with the legislation of the Russian Federation on technical regulation, the procedure for checking the quality of goods determined by the contract must comply with these requirements.

2. If the procedure for checking the quality of goods is not established in accordance with paragraph 1 of this article, then checking the quality of the goods is carried out in accordance with business customs or other generally applicable conditions for checking the goods to be transferred under a sales contract.

3. If the law, other legal acts, mandatory requirements established in accordance with the legislation of the Russian Federation on technical regulation, or the purchase and sale agreement provide for the seller’s obligation to check the quality of the goods transferred to the buyer (testing, analysis, inspection, etc.), The seller must provide the buyer with evidence of checking the quality of the goods.

4. The procedure, as well as other conditions for checking the quality of goods, carried out by both the seller and the buyer, must be the same.

Article 475. Consequences of transfer of goods of inadequate quality

1. If the defects of the goods were not specified by the seller, the buyer to whom the goods of inadequate quality were transferred has the right, at his choice, to demand from the seller:

A proportionate reduction in the purchase price;

Free elimination of product defects within a reasonable time;

Reimbursement of your expenses to eliminate product defects.

2. In the event of a significant violation of the requirements for the quality of the goods (detection of irreparable defects, defects that cannot be eliminated without disproportionate costs or time, or are detected repeatedly, or appear again after their elimination, and other similar defects), the buyer has the right to choose :

Refuse to execute the purchase and sale agreement and demand the return of the amount of money paid for the goods;

Demand that goods of inadequate quality be replaced with goods that comply with the contract.

3. Demands to eliminate defects or replace goods specified in paragraphs 1 and 2 of this article may be presented by the buyer, unless otherwise follows from the nature of the goods or the essence of the obligation.

4. In the event of inadequate quality of part of the goods included in the set (Article 479), the buyer has the right to exercise in relation to this part of the goods the rights provided for in paragraphs 1 and 2 of this article.

5. The rules provided for by this article apply unless otherwise established by this Code or other law.

In addition, according to paragraph 2 of Article 450 of the Civil Code of the Russian Federation
At the request of one of the parties, the contract can be changed or terminated by a court decision only:
1) in case of a significant violation of the contract by the other party;
2) in other cases provided for by this Code, other laws or agreement.
A violation of the contract by one of the parties is considered significant, which entails such damage for the other party that it is significantly deprived of what it had the right to count on when concluding the contract.

A demand for termination of a contract can be filed with the court after compliance with the pre-trial procedure. According to clause 2 of Article 452 of the Civil Code of the Russian Federation:
A demand to change or terminate a contract may be submitted by a party to the court only after receiving a refusal from the other party to the proposal to change or terminate the contract or failure to receive a response within the period specified in the proposal or established by law or the contract, and in its absence - within thirty days.

According to you also have the right to demand compensation for losses under Article 15 of the Civil Code of the Russian Federation
Article 15. Compensation for losses

1. A person whose right has been violated may demand full compensation for the losses caused to him, unless the law or contract provides for compensation for losses in a smaller amount.

2. Losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right, loss or damage to his property (real damage), as well as lost income that this person would have received under normal conditions of civil circulation, if his right had not been violated (lost profits).

If the person who violated the right received income as a result, the person whose right was violated has the right to demand compensation, along with other damages, for lost profits in an amount not less than such income.

Uvarova Svetlana Ivanovna

8.2. Good evening! Submit a written claim to the transport company, since it was the transport company that, when accepting the cargo for transportation, accepted the goods of proper quality (without damage), but delivered them damaged. I hope you reported this to the carrier on the first day after discovering the damage to the goods? Did the sender insure the cargo?
According to Art. 795 of the Civil Code of the Russian Federation, under a contract for the carriage of goods, the carrier undertakes to deliver the cargo entrusted to him by the sender to the destination and hand it over to the person authorized to receive the goods (recipient), and the sender undertakes to pay the established fee for the carriage of goods.
According to Art. 796 of the Civil Code of the Russian Federation, the carrier is responsible for failure to preserve cargo or luggage that occurs after accepting it for transportation and before handing it over to the consignee, the person authorized by him or the person authorized to receive the luggage, unless he proves that the loss, shortage or damage (spoilage) of the cargo or baggage occurred as a result of circumstances that the carrier could not prevent and the elimination of which did not depend on him. Damage caused during the transportation of cargo or luggage is compensated by the carrier: in case of loss or shortage of cargo or luggage - in the amount of the cost of the lost or missing cargo or luggage; in case of damage (damage) to cargo or luggage - in the amount by which its value has decreased, and if it is impossible to restore the damaged cargo or luggage - in the amount of its value; in case of loss of cargo or luggage handed over for transportation with a declaration of its value - in the amount of the declared value of the cargo or luggage.

Shishkin Vitaly Mikhailovich

8.3. First you need to find out why you need a milking machine. If you say that you need it for business activities, then the Law on the Protection of Consumer Rights is not applicable. Civil legislation applies. Including standards regarding product quality. Write a complaint, file a lawsuit.
If you claim that you need it for personal needs, to milk milk from your cows in your private household plot, then you can safely use the Law on the Protection of Consumer Rights, in particular, Article 18. Write a claim, file a lawsuit. You must receive a response to your complaint and check the quality of the product. If the deficiency is confirmed, your money will be returned. If you have Internet, you have the opportunity to challenge the results of the examination in court, Article 79 of the Code of Civil Procedure of the Russian Federation.

Mingazov Yuri Saitgareevich

8.4. Record the damage, at least with a camera, and write a claim to both the seller and, most importantly, the carrier/deliver of this product. Nothing more can be done for now.

Civil Code of the Russian Federation Article 796. Carrier’s liability for loss, shortage and damage (spoilage) of cargo or luggage
Prospects and risks of litigation. Situations related to Art. 796 Civil Code of the Russian Federation

1. The carrier is responsible for failure to preserve the cargo or luggage that occurs after accepting it for transportation and before handing it over to the consignee, the person authorized by him or the person authorized to receive the luggage, unless he proves that the loss, shortage or damage (spoilage) of the cargo or luggage occurred due to circumstances which the carrier could not prevent and the elimination of which did not depend on him.
2. Damage caused during the transportation of cargo or luggage is compensated by the carrier:
in case of loss or shortage of cargo or luggage - in the amount of the cost of the lost or missing cargo or luggage;
in case of damage (damage) to cargo or luggage - in the amount by which its value has decreased, and if it is impossible to restore the damaged cargo or luggage - in the amount of its value;
in case of loss of cargo or luggage handed over for transportation with a declaration of its value - in the amount of the declared value of the cargo or luggage.
The value of cargo or luggage is determined based on its price indicated in the seller's invoice or stipulated by the contract, and in the absence of an invoice or price specified in the contract, based on the price that, under comparable circumstances, is usually charged for similar goods.
3. The carrier, along with compensation for established damage caused by loss, shortage or damage (spoilage) of cargo or luggage, returns to the sender (recipient) the carriage fee collected for the transportation of lost, missing, spoiled or damaged cargo or luggage, if this fee is not included in cargo cost.
4. Documents on the reasons for the failure of cargo or luggage (commercial act, general form act, etc.), drawn up by the carrier unilaterally, are subject in the event of a dispute to be assessed by the court along with other documents certifying the circumstances that may serve as the basis for the carrier’s liability , sender or recipient of cargo or luggage.

Cherednichenko Vladislav Alexandrovich

8.5. In order to prove that the damage was caused by the transport company, a special examination will have to be carried out, otherwise it is impossible to prove it. And to do this, you will have to go to court with a claim against the transport company, and during the judicial consideration of the case, file a petition to conduct this very examination in accordance with Article 79 of the Code of Civil Procedure of the Russian Federation. Moreover, you need to find an expert in the relevant specialty, which is not so easy. So the matter is quite troublesome.

Zotov Valery Ivanovich

8.6. Hello, dear Natalia!
Firstly, if this online store is owned by an organization (LLC, CJSC, JSC) or an individual entrepreneur, then in this case you have the right, on the basis of the Law of the Russian Federation No. 2300-1 “On the Protection of Consumer Rights,” to contact the seller with a written Claim and indicate this in it fact about the defective product and demand something from the seller, based on Article 18 of this Law.
Article 18. Consumer rights when defects are discovered in a product

1. If defects are discovered in a product, if they were not specified by the seller, the consumer has the right, at his own discretion, to:
demand replacement with a product of the same brand (same model and (or) article);
demand replacement with the same product of another brand (model, article) with a corresponding recalculation of the purchase price;
demand a proportionate reduction in the purchase price;
demand immediate free elimination of defects in the goods or reimbursement of costs for their correction by the consumer or a third party;
refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for the goods. At the request of the seller and at his expense, the consumer must return the defective product.
In this case, the consumer 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 by this Law to satisfy the relevant consumer requirements.
In relation to a technically complex product, if defects are discovered in it, the consumer has the right to refuse to fulfill the purchase and sale agreement and demand a refund of the amount paid for such a product or make a demand for its replacement with a product of the same brand (model, article) or with a different product. brand (model, article) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer of such goods to the consumer. After this period, these requirements must be satisfied in one of the following cases:
detection of a significant defect in the product;
violation of the deadlines established by this Law for eliminating product defects;
the impossibility of using the product during each year of the warranty period in total for more than thirty days due to repeated elimination of its various deficiencies.
The list of technically complex goods is approved by the Government of the Russian Federation.
(Clause 1 as amended by Federal Law dated October 25, 2007 N 234-FZ)
2. The requirements specified in paragraph 1 of this article are presented by the consumer to the seller or an authorized organization or an authorized individual entrepreneur.

3. The consumer has the right to present the requirements specified in paragraphs two and five of paragraph 1 of this article to the manufacturer, authorized organization or authorized individual entrepreneur, importer.
(as amended by Federal Laws dated December 21, 2004 N 171-FZ, dated October 25, 2007 N 234-FZ)
Instead of presenting these demands, the consumer has the right to return goods of inadequate quality to the manufacturer or importer and demand a refund of the amount paid for it.
(as amended by Federal Law dated October 25, 2007 N 234-FZ)
4. Lost power. - Federal Law of October 25, 2007 N 234-FZ.
5. The consumer’s absence of a cash or sales receipt or other document certifying the fact and conditions of purchase of the goods is not a basis for refusal to satisfy his requirements.
The seller (manufacturer), authorized organization or authorized individual entrepreneur, importer are obliged to accept goods of inadequate quality from the consumer and, if necessary, carry out a quality check of the goods. The consumer has the right to participate in checking the quality of the product.
(as amended by Federal Law dated December 21, 2004 N 171-FZ)
In the event of a dispute about the reasons for the occurrence of defects in the goods, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, or the importer are obliged to conduct an examination of the goods at their own expense. The examination of goods is carried out within the time limits established by Articles 20, 21 and 22 of this Law to satisfy the relevant consumer requirements. The consumer has the right to be present during the examination of the goods and, in case of disagreement with its results, to challenge the conclusion of such examination in court.
(as amended by Federal Law dated October 25, 2007 N 234-FZ)
If, as a result of the examination of the goods, it is established that its defects arose due to circumstances for which the seller (manufacturer) is not responsible, the consumer is obliged to reimburse the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer for the costs of conducting the examination, as well as those associated with its implementation. costs of storing and transporting goods.
(as amended by Federal Law dated December 21, 2004 N 171-FZ)
(Clause 5 as amended by Federal Law dated December 17, 1999 N 212-FZ)
6. The seller (manufacturer), authorized organization or authorized individual entrepreneur, importer is responsible for defects in goods for which there is no warranty period, if the consumer proves that they arose before the transfer of the goods to the consumer or for reasons that arose before that moment.
(as amended by Federal Law dated December 21, 2004 N 171-FZ)
In relation to goods for which a warranty period has been established, the seller (manufacturer), an authorized organization or an authorized individual entrepreneur, the importer is responsible for defects in the goods unless he proves that they arose after the goods were transferred to the consumer as a result of the consumer’s violation of the rules for use, storage or transportation of the goods, actions of third parties or force majeure.
(as amended by Federal Law dated December 21, 2004 N 171-FZ)
(Clause 6 introduced by Federal Law dated December 17, 1999 N 212-FZ)
7. Delivery of large-sized goods and goods weighing more than five kilograms for repair, markdown, replacement and (or) return to the consumer is carried out by and at the expense of the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer). In case of failure to fulfill this obligation, as well as in the absence of the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) at the consumer’s location, delivery and (or) return of these goods may be carried out by the consumer. In this case, the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) is obliged to reimburse the consumer for expenses associated with the delivery and (or) return of these goods.
Secondly, if the seller of this product does not satisfy your claim within the time period specified in Article 22 of the Law of the Russian Federation No. 2300-1, then you will have to file a claim in court.
Article 22. Time limits for satisfying individual consumer requirements
(as amended by Federal Law dated December 21, 2004 N 171-FZ)
The consumer's demands for a proportionate reduction in the purchase price of the product, reimbursement of expenses for correcting defects in the product by the consumer or a third party, return of the amount of money paid for the product, as well as a claim for compensation for losses caused to the consumer as a result of the sale of a product of inadequate quality or the provision of inadequate information about the product are subject to satisfaction seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) within ten days from the date of presentation of the relevant demand.
Good luck to you.

Ligostaeva Antonina Vasilievna

8.7. --- Hello dear site visitor! Return the device to them promptly, and they will refund your money for it. Nothing that 5 days have passed. See RF Law of 02/07/1992 N 2300-1 “On the protection of consumer rights. Everything will be returned, there was no need to sign a cargo acceptance certificate without checking the functionality of the device!

Good luck to you and all the best, with respect, lawyer Ligostaeva A.V.

Question on topic

I bought a milking machine in an online store with prepayment, delivery was carried out by a transport company. I received the cargo, and at home I discovered damage to the device, significant damage - two cracks on the gearbox housing from which technical oil was leaking. The cost of the device is 32,000 rubles + delivery is about 2,000 rubles. What should I do, how to compensate for losses, 5 days have passed since the receipt of the goods.

9. Ordered delivery of goods from a transport company. The product was mixed up. We were sent another person's product. And to that person ours. We have been waiting for a solution to the problem for 4 days. The company asks to wait every day for a decision. The goods are with us.

Mingazov Yuri Saitgareevich

9.1. Wait, and compensation is only for delivery times.

10. The transport company "Business Lines" broke the cargo during transportation. They pierced a box with equipment with a bayonet (most likely with a forklift). The hole was repaired and the box was wrapped with a triple layer of tape so that the hole would not be noticeable. Upon delivery of the cargo to the Consignee, during an external inspection, the Consignee's employee did not find any damage to the packaging.
Damage to the cargo, namely the equipment, was discovered when the loaders began to drag the cargo. The full nature of the damage could only be assessed by a technician who unpacked the equipment and tried to turn it on. The result: as a result of a strong penetrating impact, the engine was broken and the system boards were damaged. The equipment is beyond repair.
The carrier refuses to compensate for the damage, citing the fact that no damage was detected upon delivery and acceptance of the cargo.
What can be done in this case?

Malikov Anatoly Valerievich

10.1. Read the contract carefully, everything depends on its content.

Sokolov Dmitry Gennadievich

10.2. Andrey, we need to start by studying the contract of carriage.

Kontuadze Guram Guramovich

10.3. Everything depends on the contract; therefore, a contract is necessary first. With uv.

Zlotnikova Lyubov Gennadievna

11.1. Hello.
In accordance with Article 22 of the Law on the Protection of Consumer Rights, the period for consideration of a claim is 10 days.
If you demanded a refund, then you can then file a complaint with Rospotrebnadzor and a lawsuit in court. This is in case the requirements are not satisfied within 10 days.
You will also have the right to demand compensation for losses, penalties for failure to satisfy your requirements, compensation for moral damages and a fine.

12. I placed an order for goods in Moscow, in an online store, the store said the approximate delivery amount was 5200 rubles, as a result I received a message from the transport company PACK that the delivery amount was 7800 rubles. I absolutely do not want to pay that amount, what should I do?

Shuk Pavel Semenovich

12.1. Cancel the order and that's it.

Question on topic

We ordered delivery of goods from a transport company. The product was mixed up. We were sent another person's product. And to that person ours. We have been waiting for a solution to the problem for 4 days. The company asks to wait every day for a decision. The goods are with us.

What to do in this situation?
And is there any compensation for re-sorting of goods?

13. Citizen Arkin entered into an agreement with the Perestroika company for the construction of a cottage. A firm estimate in the amount of 120 thousand rubles was attached to the work contract. But the cottage was delivered a month later than the deadline specified in the contract. In addition, during the final calculation it turned out that the estimate was exceeded by 15 thousand rubles. due to rising prices for delivery services of materials to the construction site provided to the company by a transport company.

Question: What should Arkin do? Justify your answer.

Company "JURIST-Region"

13.1. Civil law problems are resolved exclusively on a reimbursable basis.

Sukhorukov Andrey Yakovlevich

13.2. ..Key word: - an agreement was concluded!

14. During the delivery process, the transport company threw a cigarette butt into my cargo. Is there a clause in the law that records this violation? Was the process of unpacking and voicing the problem recorded on a TC camera?

Dubov Viktor Valerievich

14.1. Hello, Maxim!
You can hold the transport company liable only if these actions caused damage to the cargo, or if there were any special conditions for transporting the cargo specified in the contract.

15. I was sent a spare part from the city of Samara to the city of Artyom by the transport company Energia. The price list of the site says that delivery will be 19-29 days by rail. In fact, it was delivered to me after 2 months. What are my actions? What can you demand from a transport company for such a monstrous delay in delivery?

Bolshakov Valery Ivanovich

15.1. Consider your contract if it doesn’t exist, you won’t prove anything.

16. The transport company lost the parcel, but they finally found it a week later and sent it to another city.
Now they sent the parcel to my city, but the delivery time has now increased by 3 times! What rights can I present to them?

Pautina Elena Yurievna

16.1. Margarita, here you need to figure out the moment when the risks of loss of goods transfer from the seller. If the risks pass from the moment the goods are transferred to the carrier, you should submit a claim to the carrier. They must respond within 30 days. After this, if the claim is not satisfied, you should go to court.
You can demand compensation for moral damage.

Question on topic

17. I ordered a product from an online store, but did not buy it, am I obliged to pay for the SDEK delivery service (I ordered delivery to a pickup point, I did not order courier delivery). There is no feedback from this online store, their phone only works for outgoing calls from them, it doesn’t work for incoming calls from me - this was the reason for the non-purchase of the goods - I began to doubt the seller’s honesty (if suddenly the goods turn out to be of poor quality, I will not be able to make a claim ). In an SMS (phone number is not determined) they “warn” me about adding me to the list of unscrupulous buyers and send me a Sberbank card number where I “must transfer money for delivery”, but there is no name of the recipient of the money, a message that it was I who sent the money for Some kind of order number, I can’t. How to proceed?
Am I required to pay shipping costs? If so, can I pay to the transport company SDEK, and not to someone unknown, simply by card number. There is no way to contact the seller.

17.1. They are not required to pay the cost of delivery, since the seller did not provide complete and reliable information about himself in accordance with Art. 10 of the Law of the Russian Federation "On the Protection of Consumer Rights".

18. I ordered an expensive product from an online store. An invoice agreement was sent to me and I transferred the money using the specified details. According to the terms of the agreement. The goods should have been sent within 5 days by a transport company and I should have been sent a tracking number to control delivery. On the sixth day, the online store’s website disappeared from free access on the Internet and I realized that I had been “beautifully” scammed out of money. How to return money transferred to scammers?

Nezhemedinov Farit Ravilevich

18.1. Hello Victor. I must tell you that now there are many such scammers and it is very difficult to get your money back. You need to file a statement with the police about fraudulent actions committed against you (Part 2, Article 159 of the Criminal Code of the Russian Federation). All the evidence you have must be attached to the statement: payment information, printouts or scans of correspondence, etc.

19. My name is Konstantin! I bought a trainer in an online store and delivery was carried out through a transport company with which the store entered into an agreement.
When the cargo arrived in the city, the manager of the local office of the transport company contacted me and calculated the cost of delivery to the entrance (550 rubles) and lifting the box to the 2nd floor. to the apartment (700 rub.). In the evening, the driver who carried out this delivery contacted me and said that the box was large and the loader probably couldn’t handle it alone and that he would have to pay an additional 700 rubles. for the second loader. To which I replied that the transport company employee had already calculated everything for me in the morning and I was ready to provide this amount for the delivery and lifting of the cargo to the apartment. Later the driver called me back and said that for 350 rubles. I’m ready to help myself (as a second loader). I said that I would think about it and agreed to call in 5-10 minutes. Later, I contacted the driver, to which he said that the simulator was taken back to the warehouse, due to the fact that I allegedly refused to accept it (I did not answer calls). In the morning I found out from the transport company that the call was issued as false.
Now, in order to pick up the cargo, I supposedly need to pay 550 rubles for delivery and 700 rubles for the loader’s loading work, which in fact never happened. Those. payment for air. Otherwise, they refuse to release the cargo. The transport company also provides free cargo storage for only 3 days, after 10% of the cost of the cargo in the invoice. What to do in this situation.

Matveev Igor Vladimirovich

19.1. Hello! In your situation, you need to write a complaint to the transport company about poor quality of service with a request to return the cargo. In this situation, you will have to pick up the cargo yourself. Otherwise, go to court.

Utemova Anna Stanislavovna

19.2. As a rule, all conversations are recorded... ask the company to provide the cargo according to old calculations and conduct an audit... regarding this fact..

20. What happens if I refuse to receive a parcel from the transport company? (We bought a spare part, the seller sent it through a transport company, but it turned out that delivery was very expensive and we wanted to refuse)

Kashapov Renat Zakuanovich

20.1. Hello Nyurguyana
You can refuse to receive the parcel, this is provided by law.

Law of the Russian Federation dated 02/07/1992 N 2300-1 “On the protection of consumer rights”
Article 26.1. Remote method of selling goods

4. The consumer has the right to refuse the goods at any time before its transfer, and after the transfer of the goods - within seven days.

Question on topic

I placed an order for goods in Moscow, in an online store, the store said the approximate delivery amount was 5200 rubles, as a result I received a message from the transport company PACK that the delivery amount was 7800 rubles. I absolutely do not want to pay that amount, what should I do?

21. On September 10, 2019, I handed over a car in perfect condition (year of 2017) for warranty repairs to an authorized dealer car service center to replace the oil seal and gearbox. a car acceptance certificate was drawn up. The service employees removed the transmission from the car and it was placed on the territory of the car service until the auto parts arrived.
On September 17, 2019, I received a call from a car service center that the car had been involved in an accident. Upon arrival, I discovered: the car was parked on the territory of the car service center, the transmission had been removed, damage was found as a result of a collision with my car by a transport company working with the car service center under a contract for the delivery of spare parts. The technical director says that the service is not responsible for damage caused by third parties and suggested calling traffic police officers and drawing up a report to present it to the insurance company. The insurance company calculated the restoration repairs at 70 thousand rubles. Now they sent the car for repairs at the expense of the insurance company. But after repairs and an accident, a car can significantly lose value. What can I demand from the service for failure to preserve my car during warranty repairs? Tell us what we should do and the procedure for our actions in relation to the car service.

Gnusov Anton Anatolievich

24.1. In this case, not only the confirmed cost of the glass is reimbursed, but also the freight charge, which also includes packaging costs.
In such disputes, a claim procedure is required. Write a complaint to TK.

Question on topic

Received cargo from PEK company, part of the cargo was damaged. The cargo is insured for RUB 42,681.
The transport company replies that it can compensate for the damaged goods in the form of a discount, which I do not need. And they said that they would not refund the paid delivery. Is this legal?

25. I ordered a product from an online store, delivery by a transport company. The cargo has arrived, the box has my data on it, but inside is someone else’s goods. Delivery from one legal entity to another, in the amount of 65,000 rubles. I have been trying to find these organizations for several days, but without success. If I appropriate this cargo for myself, is this theft under 158.2 of the Criminal Code of the Russian Federation?

All points and agreements were discussed in writing, but without drawing up an agreement.

The transaction took place remotely. The engine was sent by a transport company.

The warranty period was agreed in advance with the buyer, 10 days from the date of receipt of the engine.

The engine was accompanied by a package of documents (customs declaration, a blank purchase and sale agreement, filled out only by the legal entity, signed and sealed) + conditions where warranty obligations were specified, also with the seal and signature of the legal entity.
Conditions, incl. include a ban on dismantling and disassembling the engine. (special marks are applied to the engine to prevent disassembly).

The buyer was notified that the engine was used.

The buyer received the engine on 07/04/19.

It was installed on 09/16/19.
Those. almost 2.5 months later from the date of receipt.

During the installation process, service workers removed the intake manifold along with the throttle valve and moved them from the old engine, thereby allowing partial disassembly of the engine (the buyer confirmed the fact of disassembly in writing and on video).

While checking the engine after starting, a knocking sound was detected inside the engine.

Now the buyer is going to go to court.

At the same time, the buyer denies that he received a set of documents for the engine
(Customer declaration, empty purchase and sale agreement, filled out only by the legal entity, signed and sealed) + conditions where warranty obligations were stated), although I have a separate invoice from the transport company for the delivery of accompanying documents. Upon request to the transport company, the cargo under this consignment note was issued in full.

Question.
Is it legal to refuse a refund and/or engine exchange for the following reasons:
1. The warranty period has passed.
2. The engine was partially disassembled.
3. For almost 2.5 months from the moment the engine was received, its fate is unknown. Where was it stored, was it subjected to any mechanical stress, disassembly, etc.
4. It is unknown whether the engine was replaced according to the regulations.

What chances does the buyer have to recover money from me in court?

I hope I described the situation in sufficient detail.

If necessary, I can provide documents.

Thank you in advance!

Piterov Vyacheslav Nikolaevich

26.1. Hello Sergey, the chances of collecting money from you are 50/50. In any case, an examination will need to be carried out.

Kontuadze Guram Guramovich

26.2. An examination is necessary and then we can talk about chances, with uv.

27. We are a party to the transport expedition agreement. When the cargo was delivered, the delivery was 15 minutes late and the company (large) refused to accept the cargo and was told to wait for a free window. As a result, there was a delay in delivery of the goods by 3 days. The company whose cargo was intended imposed penalties on the Customer. At one time, the Customer agreed and paid the fine in full to the company, but not to us as a forwarder (he referred to Article 410 of the Civil Code and made a credit for this amount). Although the Certificates of Completion of Work are all signed on both sides. We went to court to collect funds under the agreement. Is there any good practice in such cases and what can we count on? Thank you in advance!

28.1. Pay only for delivery. You don't have to pay anything more.
Good luck to you.

Question on topic

We ordered cargo delivery through a transport company. The cargo was supposed to arrive on November 5, but has not yet arrived. The shopping center promises “tomorrow”; according to the website, the cargo is at the place of dispatch. What to do?

29. We are an online store, our buyer is an individual. the person placed an order, paid and asked for delivery through a transport company. We sent it, he came to pick up the order, but the parcel was sent back to us. He didn't receive it. TC offered to pick up our order for us, but paid for delivery there and back, and this turned out to be more than the cost of the order itself. We refused. 6 months have passed. The buyer wants a refund, and our order was disposed of at TC. What to do?

Karavaitseva Elena Alexandrovna

29.1. Law of the Russian Federation dated 02/07/1992 N 2300-1 (as amended on 03/18/2019) “On the protection of consumer rights”
Article 26.1. Remote method of selling goods
(introduced by Federal Law dated December 21, 2004 N 171-FZ)

1. A retail purchase and sale agreement may be concluded on the basis of familiarization of the consumer with the description of the goods proposed by the seller through catalogues, prospectuses, booklets, photographs, means of communication (television, postal, radio communications and others) or other means excluding the possibility of direct familiarization of the consumer with the product or sample goods when concluding such an agreement (remote method of selling goods) by methods.
(as amended by Federal Law dated October 25, 2007 N 234-FZ)
(see text in the previous edition)
2. Before concluding a contract, the seller must provide the consumer with information about the basic consumer properties of the product, the address (location) of the seller, the place of manufacture of the product, the full brand name of the seller (manufacturer), the price and conditions for purchasing the product, about its delivery, service life, shelf life and warranty period, about the procedure for paying for the goods, as well as about the period during which the offer to conclude a contract is valid.
3. At the time of delivery of the goods, the consumer must be provided in writing with information about the goods provided for in Article 10 of this Law, as well as information provided for in paragraph 4 of this article about the procedure and timing for returning the goods.
4. The consumer has the right to refuse the goods at any time before its transfer, and after the transfer of the goods - within seven days.
If information on the procedure and timing for returning goods of proper quality was not provided in writing at the time of delivery of the goods, the consumer has the right to refuse the goods within three months from the date of delivery of the goods.
Return of a product of proper quality is possible if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified product are preserved. The consumer’s absence of a document confirming the fact and conditions of purchase of the goods does not deprive him of the opportunity to refer to other evidence of the purchase of goods from this seller.
The consumer does not have the right to refuse a product of appropriate quality that has individually defined properties if the specified product can be used exclusively by the consumer purchasing it.
If the consumer refuses the goods, the seller must return to him the amount of money paid by the consumer under the contract, with the exception of the seller’s expenses for delivery of the returned goods from the consumer, no later than ten days from the date the consumer submits the corresponding demand.
5. The consequences of selling goods of inadequate quality by remote means of selling goods are established by the provisions provided for in Articles 18 - 24 of this Law.

30. The question is:
I'm waiting for the cargo that was sent to me from Vladimir to Ryazan
The transport company officially wrote in the receipt that the cargo should arrive “approximately” 08/29/2019 today 09/05/2019 the cargo never arrived
Can I file a claim for the delay and will the claim be substantiated as they wrote “approximately”
And where can I look at delivery times and whether they exist at all? I mean legal acts.

Balandina Marina Anatolyevna

30.1. If the terms are not determined by the agreement, which is what happened in your case, then you should be guided by the principle of reasonableness and good faith of the parties to the contract, so feel free to file a claim.