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Trading Rules
Compiled by M. Yu. Rogozhin
© Piter Publishing House LLC, 2017
Rules for the sale of certain types of goods 1
Approved by Decree of the Government of the Russian Federation of January 19, 1998 No. 55 (as amended, effective from January 4, 2017).
I. General provisions
1. These Rules are developed in accordance with the Law of the Russian Federation "On the Protection of Consumer Rights" and govern relations between buyers and sellers in the sale of certain types of food and non-food food products.
2. Under buyer means a citizen who intends to order or purchase or ordering, acquiring or using goods exclusively for personal, family, household and other needs not related to entrepreneurial activities.
Under seller is understood as an organization regardless of the organizational and legal form, as well as individual entrepreneur selling goods under a retail sale and purchase agreement (hereinafter referred to as the agreement).
3. Seller's working hours- state or municipal organization established by decision of the relevant executive authorities or local governments.
Seller's working hours- organizations of a different organizational and legal form, as well as an individual entrepreneur, are established by them independently.
In the event of a temporary suspension of its activities (for scheduled sanitary days, repairs and in other cases), the seller is obliged to provide the buyer with information on the date and timing of the suspension of activities in a timely manner.
4. The range of goods offered for sale, the list of services provided, as well as the forms of service are determined by the seller independently in accordance with the profile and specialization of their activities.
When implementing retail at the location of the buyer outside the stationary places of sale: at home, at the place of work and study, on transport, on the street and in other places (hereinafter referred to as peddling trade), it is not allowed to sell food products (with the exception of ice cream, soft drinks, confectionery and bakery products in the manufacturer's packaging), medicines, medical devices, jewelry and other products made of precious metals and (or) precious stones, weapons and cartridges for it, copies of audiovisual works and phonograms, programs for electronic computers and databases.
5. The seller, in carrying out his activities, is obliged to comply with the mandatory requirements for the organization and implementation trading activities established by regulatory legal acts Russian Federation.
6. The seller must have the necessary premises, equipment and inventory to ensure, in accordance with the legislation of the Russian Federation on technical regulation, the preservation of the quality and safety of goods during their storage and sale at the point of sale, appropriate trading conditions, as well as the possibility right choice buyers of goods.
7. The seller is obliged to have and maintain measuring instruments in good condition, timely and in accordance with the established procedure to carry out their metrological verification.
To check by the buyer the correctness of the price, measure and weight of the purchased goods in trading floor Appropriate measuring equipment must be installed at an accessible location.
8. The seller is obliged to have a book of reviews and offers, which is provided to the buyer at his request.
9. These Rules are brought to the attention of buyers by the seller in a clear and accessible form.
10. The seller is obliged to bring to the attention of the buyer the company name (name) of his organization, its location (address) and mode of operation, placing the specified information on the signboard of the organization.
The seller - an individual entrepreneur must provide the buyer with information on state registration and the name of the body that registered it.
If the activity carried out by the seller is subject to licensing, then he is obliged to provide information on the number and validity of the license, as well as on the authority that issued it.
The specified information is placed in places convenient for familiarization of the buyer.
Similar information should also be brought to the attention of buyers when trading in temporary premises, at fairs, from stalls and in other cases, if trading is carried out outside the permanent location of the seller.
When carrying out retail trade, the seller's representative must have a personal card certified by the signature of the person responsible for its execution and the seller's seal (if there is a seal), with a photograph, indicating the last name, first name, patronymic of the seller's representative, as well as information about the seller.
11. The seller is obliged to promptly bring to the attention of the buyer the necessary and reliable information about the goods and their manufacturers in a clear and accessible form, which ensures the possibility of the correct choice of goods.
The information must contain:
Name of product;
Location (address), trade name (name) of the manufacturer (seller), location (address) of the organization (organizations) authorized by the manufacturer (seller) to accept claims from buyers and perform repairs and Maintenance goods, for imported goods - the name of the country of origin of the goods;
Information on the mandatory confirmation of the conformity of goods in the manner prescribed by the legislation of the Russian Federation on technical regulation;
Information about the main consumer properties of the goods;
Information on the energy efficiency of goods in respect of which the requirement for the availability of such information is determined in accordance with the legislation of the Russian Federation on energy saving and on improving energy efficiency;
Rules and conditions for the effective and safe use of the goods;
Warranty period, if it is established for a specific product;
Service life (shelf life), if it is set for a particular product, as well as information about necessary actions the buyer after the expiration of the specified period and possible consequences if such actions are not taken, if the goods after the expiration of the specified period pose a danger to the life, health and property of the buyer or become unsuitable for their intended use;
The price in rubles and the conditions for the purchase of goods, including when providing a loan - the amount of the loan, the full amount payable by the consumer, and the repayment schedule for this amount. If the goods purchased by the buyer were in use or a defect (shortcomings) was eliminated in it, the buyer must be provided with information about this.
The seller must warn the buyer about the shortcomings in the product not only orally, but also in writing (on the product label, sales receipt or otherwise).
12. The seller is obliged, at the request of the consumer, to acquaint him with the shipping documentation for the goods, containing for each item of goods information on the mandatory confirmation of conformity in accordance with the legislation of the Russian Federation on technical regulation (certificate of conformity, its number, its validity period, the authority that issued the certificate, or information about the declaration of conformity, including its registration number, its validity period, the name of the person who accepted the declaration, and the body that registered it). These documents must be certified by the signature and seal of the supplier or seller (if there is a seal) indicating its location (address) and telephone number.
13. Sale of goods made from objects of the animal world (fur and leather garments, haberdashery, decorative items, shoes, food products) belonging to the species listed in the Red Book of the Russian Federation, is carried out if there is appropriate documentation for the goods, confirming that these objects of the animal world were obtained in accordance with the legislation of the Russian Federation on the basis of a permit (administrative license) issued by the federal executive body in the region environmental protection. Sale of imported Russian Federation goods made from objects of the animal world falling within the scope of the Convention on international trade endangered species of wild fauna and flora is carried out on the basis of the permission of the competent authority of the exporting country, and goods confiscated as a result of violation of this Convention - on the basis of the permission of the authorized body.
When selling such goods, the seller is obliged to provide the buyer, at his request, with information about the documents confirming the availability of the relevant permit.
14. The seller must also provide other information about the goods provided for by federal laws, other regulatory legal acts of the Russian Federation.
15. Information about the product, its manufacturer and seller must be brought to the attention of the buyer by the methods established by federal laws, other regulatory legal acts of the Russian Federation, and if they are not defined by these acts, then by the methods adopted for certain types of goods.
The amount of mandatory information about the product, its manufacturer, transferred to the buyer along with the product (on the product, consumer packaging, packaging, label, label, in technical documentation) must comply with the requirements of federal laws, other regulatory legal acts of the Russian Federation.
Information about the seller, goods and their manufacturers is brought to the attention of buyers in Russian, and additionally, at the discretion of the seller, in the state languages of the constituent entities of the Russian Federation and the languages of the peoples of the Russian Federation.
16. The consumer must also be provided with clear and reliable information about the services provided, the prices for them and the conditions for the provision of services, as well as the forms of service used in the sale of goods (according to pre-orders, sale of goods at home and other forms).
17. When selling goods, the buyer is given the opportunity to familiarize himself or with the help of the seller with the necessary goods.
The buyer has the right to inspect the offered goods, demand that a property check be carried out in his presence or a demonstration of its operation, unless this is excluded due to the nature of the goods and does not contradict the rules adopted in retail trade.
The seller is obliged to conduct a quality and safety check (inspection, testing, analysis, examination) of the goods offered for sale in the case when the checks are provided for by the legislation of the Russian Federation or the terms of the contract.
18. The prices of goods sold by the seller, as well as other terms of the contract, must be the same for all buyers, except in cases where federal laws or other regulatory legal acts allow the provision of benefits for certain categories of buyers.
19. The seller is obliged to ensure the availability of uniform and clearly defined price tags for the goods sold, indicating the name of the goods, grade (if any), price per weight or unit of goods. It is allowed to issue price tags on paper or other information carrier visually accessible to buyers, including those with electronic display of information, using slate boards, stands, light panels.
When selling goods carried out through peddling, the seller's representative must have a price list certified by the signature of the person responsible for its execution, indicating the name and price of the goods, as well as services provided with the consent of the buyer.
20. The contract is considered concluded in the proper form from the moment the seller issues the buyer a cash or sales receipt or other document confirming payment for the goods, unless otherwise provided by federal law or an agreement between the seller and the buyer.
In case of retail trade, together with the goods (with the exception of the food products specified in paragraph two of clause 4 of these Rules), the buyer is given a sales receipt, which indicates the name of the goods and information about the seller, the date of sale, the quantity and price of the goods, and the signature of the seller’s representative .
21. Settlements with buyers for goods are carried out using cash registers, with the exception of cases provided for by the legislation of the Russian Federation.
22. Services offered by the seller in connection with the sale of goods may be provided only with the consent of the buyer.
The buyer has the right to refuse the services offered during the sale of the goods, as well as demand from the seller the return of the amounts paid for the services provided without his consent.
The seller is not entitled to condition the sale of certain goods on the obligatory purchase of other goods or the obligatory provision of services in connection with their sale, except in cases where the goods are subject to technical requirements cannot be assembled and (or) installed (connected) without the participation of relevant specialists.
In case of delivery bulky goods by the buyer, the seller is obliged to ensure, free of charge, that the goods are loaded onto vehicle buyer.
23. The seller is obliged to transfer the goods to the buyer good quality, in containers and (or) packaging, with the exception of goods that, by their nature, do not require packaging and (or) packaging, in a certain set (set of goods) and completeness, with documents and accessories related to the goods.
Requirements for the quality, container and (or) packaging of the transferred goods, their completeness, accessories and documentation, a set of goods, as well as the conditions for the delivery of goods are established by the legislation of the Russian Federation.
24. The goods for which the expiration date is set, the seller is obliged to transfer to the buyer in such a way that it can be used for its intended purpose before the expiration date.
25. When selling goods with the condition that the buyer accepts them within a certain period, the seller cannot sell the goods to another buyer during this period.
Unless otherwise provided by the contract between the seller and the buyer, the buyer's failure to appear or take other necessary actions to accept the goods within the period specified by the contract may be considered by the seller as the buyer's refusal to purchase the goods.
26. The buyer has the right, within 14 days from the date of transfer of a non-food product of good quality to him, if a longer period is not declared by the seller, to exchange at the place of purchase and other places declared by the seller, the purchased product for a similar product of a different size, shape, dimension, style, colors or configurations, making the necessary recalculation with the seller in case of a difference in price.
If the seller does not have the goods necessary for the exchange, the buyer has the right to return the purchased goods to the seller and receive the amount of money paid for it or exchange it for a similar product at the first receipt of the corresponding goods for sale. The seller is obliged to inform the buyer, who requested the exchange of non-food goods, of its receipt on sale.
The buyer's demand for the exchange or return of goods is subject to satisfaction if the goods were not in use, their marketable condition, consumer properties, seals, labels are preserved, and there is evidence of the purchase of goods from this seller, with the exception of goods that are not subject to exchange or return according to the specified in this clause on the grounds in accordance with the list approved by the Government of the Russian Federation.
27. The buyer, to whom goods of inadequate quality were sold, if its defects were not specified by the seller, has the right, at his choice, to demand from the seller:
Replacement for a product of a similar brand (model, article);
Replacement for the same product of another brand (model, article) with the corresponding recalculation of the purchase price;
Proportionate reduction of the purchase price;
Immediate gratuitous elimination of product defects;
Reimbursement of expenses incurred by the buyer or a third party to eliminate defects in the goods.
In this case, the buyer has the right to demand also full compensation for losses caused to him as a result of the sale of goods of inadequate quality.
The buyer has the right to demand the replacement of a technically complex or expensive product in the event of a significant violation of the requirements for its quality (detection of fatal flaws, flaws that cannot be eliminated without disproportionate costs or time, or are detected repeatedly, or appear again after their elimination, and other similar shortcomings).
With regard to technically complex goods, the specified requirement of the buyer is subject to satisfaction in accordance with the list of such goods approved by the Government of the Russian Federation.
In case of detection of defects in the goods, the properties of which do not allow them to be eliminated (food products, perfumes and cosmetics, household chemicals and other goods), the buyer has the right, at his choice, to demand the replacement of such goods with goods of good quality or a commensurate reduction in the purchase price.
Instead of presenting these requirements, the buyer has the right to refuse the purchased goods and demand the return of the amount of money paid for the goods.
In this case, the buyer, at the request of the seller and at his expense, must return the received goods of inadequate quality.
When returning to the buyer the amount of money paid for the goods, the seller is not entitled to withhold from it the amount by which the cost of the goods has decreased due to its full or partial use, loss of its presentation or other similar circumstances.
If the buyer presents a demand for the seller to eliminate the shortcomings of a durable product or replace such a product, the buyer has the right to simultaneously demand that he be provided with a similar product of adequate quality for the period of repair or replacement of goods of inadequate quality, with the exception of goods according to the list approved by the Government of the Russian Federation, for which this requirement does not apply.
28. The seller or an organization that performs the functions of a seller on the basis of an agreement with him is obliged to accept goods of inadequate quality from the buyer, and, if necessary, to check the quality of the goods. The buyer has the right to participate in the quality control of the goods.
If a dispute arises about the reasons for the appearance of defects in the goods, the seller or an organization performing the functions of the seller on the basis of an agreement with him, are obliged to conduct an examination of the goods at their own expense. The buyer has the right to challenge the conclusion of such an examination in court.
The buyer's lack of a cash or sales receipt or other document certifying the fact and conditions of the purchase of goods is not a reason to refuse to satisfy his requirements and does not deprive him of the opportunity to refer to witness testimony in support of the conclusion of the contract and its terms.
29. The terms for the seller to satisfy the buyer's requirements, as well as liability for violation of these terms, are determined in accordance with the Law of the Russian Federation "On Protection of Consumer Rights".
30. The buyer has the right to present the requirements specified in paragraph 27 of these Rules in relation to the defects of the goods if they are discovered during the warranty period or the expiration date.
The warranty period of the goods, as well as its service life, is calculated from the date of sale of the goods to the buyer. If it is impossible to determine the day of sale of the goods, this period shall be calculated from the date of manufacture of the goods.
The expiration date of the goods is determined by the period calculated from the date of manufacture of the goods, during which it is suitable for use, or the date before which the goods are suitable for use.
If the buyer is deprived of the opportunity to use the product due to circumstances that depend on the seller (the product needs special installation, connection or assembly, it has defects, etc.), the warranty period is calculated from the date the seller eliminates such circumstances. If the day of delivery, installation, connection, assembly of the goods cannot be determined, the warranty period shall be calculated from the date of conclusion of the contract of sale.
For seasonal goods(clothing, fur goods, footwear and other goods) the warranty period is calculated from the moment of the onset of the corresponding season, the onset of which is determined by the authorized government agency subject of the Russian Federation, based on the climatic conditions of the location of buyers.
If the warranty period is less than two years and defects in the goods are discovered by the buyer after the expiration of the warranty period, but within two years, the seller is liable if the buyer proves that the defects in the goods arose before it was handed over to the buyer or for reasons that arose before that moment.
31. If the product does not have a warranty period or expiration date, claims related to the defects of the goods may be presented by the buyer, provided that the defects are discovered within a reasonable time, but within two years from the date of transfer of the goods to the buyer or within more long term established in accordance with federal law or treaty.
Compiled by M. Yu. Rogozhin
© Piter Publishing House LLC, 2017
Rules for the sale of certain types of goods
I. General provisions
1. These Rules are developed in accordance with the Law of the Russian Federation "On the Protection of Consumer Rights" and govern relations between buyers and sellers in the sale of certain types of food and non-food products.
2. Under buyer means a citizen who intends to order or purchase or ordering, acquiring or using goods exclusively for personal, family, household and other needs not related to entrepreneurial activities.
Under seller means an organization, regardless of its legal form, as well as an individual entrepreneur selling goods under a retail sale and purchase agreement (hereinafter referred to as the agreement).
3. Seller's working hours- a state or municipal organization is established by decision of the relevant executive authorities or local governments.
Seller's working hours- organizations of a different organizational and legal form, as well as an individual entrepreneur, are established by them independently.
In the event of a temporary suspension of its activities (for scheduled sanitary days, repairs and in other cases), the seller is obliged to provide the buyer with information on the date and timing of the suspension of activities in a timely manner.
4. The range of goods offered for sale, the list of services provided, as well as the forms of service are determined by the seller independently in accordance with the profile and specialization of their activities.
When carrying out retail trade at the location of the buyer outside stationary places of trade: at home, at the place of work and study, on transport, on the street and in other places (hereinafter referred to as peddling trade), it is not allowed to sell food products (with the exception of ice cream, soft drinks , confectionery and bakery products in the packaging of the manufacturer of the goods), medicines, medical products, jewelry and other products made of precious metals and (or) precious stones, weapons and cartridges for them, copies of audiovisual works and phonograms, programs for electronic computers and bases data.
5. The seller, in carrying out his activities, is obliged to comply with the mandatory requirements for the organization and implementation of trading activities established by the regulatory legal acts of the Russian Federation.
6. The seller must have the necessary premises, equipment and inventory to ensure, in accordance with the legislation of the Russian Federation on technical regulation, the preservation of the quality and safety of goods during their storage and sale at the point of sale, appropriate trading conditions, as well as the possibility of the correct choice of goods by buyers.
7. The seller is obliged to have and maintain measuring instruments in good condition, timely and in accordance with the established procedure to carry out their metrological verification.
In order for the buyer to check the correctness of the price, measure and weight of the purchased goods, appropriate measuring equipment must be installed on the trading floor at an accessible place.
8. The seller is obliged to have a book of reviews and offers, which is provided to the buyer at his request.
9. These Rules are brought to the attention of buyers by the seller in a clear and accessible form.
10. The seller is obliged to bring to the attention of the buyer the company name (name) of his organization, its location (address) and mode of operation, placing the specified information on the signboard of the organization.
The seller - an individual entrepreneur must provide the buyer with information on state registration and the name of the body that registered it.
If the activity carried out by the seller is subject to licensing, then he is obliged to provide information on the number and validity of the license, as well as on the authority that issued it.
The specified information is placed in places convenient for familiarization of the buyer.
Similar information should also be brought to the attention of buyers when trading in temporary premises, at fairs, from stalls and in other cases, if trading is carried out outside the permanent location of the seller.
When carrying out retail trade, the seller's representative must have a personal card certified by the signature of the person responsible for its execution and the seller's seal (if there is a seal), with a photograph, indicating the last name, first name, patronymic of the seller's representative, as well as information about the seller.
11. The seller is obliged to promptly bring to the attention of the buyer the necessary and reliable information about the goods and their manufacturers in a clear and accessible form, which ensures the possibility of the correct choice of goods.
The information must contain:
Name of product;
Location (address), company name (name) of the manufacturer (seller), location (address) of the organization (organizations) authorized by the manufacturer (seller) to accept claims from buyers and carry out repairs and maintenance of goods, for imported goods - the name of the country the origin of the goods;
Information on the mandatory confirmation of the conformity of goods in the manner prescribed by the legislation of the Russian Federation on technical regulation;
Information about the main consumer properties of the goods;
Information on the energy efficiency of goods in respect of which the requirement for the availability of such information is determined in accordance with the legislation of the Russian Federation on energy saving and on improving energy efficiency;
Rules and conditions for the effective and safe use of the goods;
Warranty period, if it is established for a specific product;
The service life (shelf life), if it is set for a particular product, as well as information about the necessary actions of the buyer after the specified period and possible consequences if such actions are not taken, if the goods after the specified period pose a danger to the life, health and property of the buyer or become unsuitable for its intended use;
The price in rubles and the conditions for the purchase of goods, including when providing a loan - the amount of the loan, the full amount payable by the consumer, and the repayment schedule for this amount. If the goods purchased by the buyer were in use or a defect (shortcomings) was eliminated in it, the buyer must be provided with information about this.
The seller must warn the buyer about the shortcomings in the product not only orally, but also in writing (on the product label, sales receipt or otherwise).
12. The seller is obliged, at the request of the consumer, to acquaint him with the shipping documentation for the goods, containing for each item of goods information on the mandatory confirmation of conformity in accordance with the legislation of the Russian Federation on technical regulation (certificate of conformity, its number, its validity period, the authority that issued the certificate, or information about the declaration of conformity, including its registration number, its validity period, the name of the person who accepted the declaration, and the body that registered it). These documents must be certified by the signature and seal of the supplier or seller (if there is a seal) indicating its location (address) and telephone number.
13. The sale of goods made from objects of the animal world (fur and leather garments, haberdashery, decorative items, shoes, food products) belonging to species listed in the Red Book of the Russian Federation is carried out if there is appropriate documentation for the goods confirming that these objects of the animal world were obtained in accordance with the legislation of the Russian Federation on the basis of a permit (administrative license) issued by the federal executive body in the field of environmental protection. The sale of goods imported into the Russian Federation made from objects of the animal world falling under the scope of the Convention on International Trade in Endangered Species of Wild Fauna and Flora is carried out on the basis of a permit from the competent authority of the exporting country, and goods confiscated as a result of violation of this Convention, - based on the permission of the authorized body.
When selling such goods, the seller is obliged to provide the buyer, at his request, with information about the documents confirming the availability of the relevant permit.
14. The seller must also provide other information about the goods provided for by federal laws, other regulatory legal acts of the Russian Federation.
15. Information about the product, its manufacturer and seller must be brought to the attention of the buyer by the methods established by federal laws, other regulatory legal acts of the Russian Federation, and if they are not defined by these acts, then by the methods adopted for certain types of goods.
The amount of mandatory information about the product, its manufacturer, transferred to the buyer along with the product (on the product, consumer packaging, packaging, label, label, in technical documentation) must comply with the requirements of federal laws, other regulatory legal acts of the Russian Federation.
Information about the seller, goods and their manufacturers is brought to the attention of buyers in Russian, and additionally, at the discretion of the seller, in the state languages of the constituent entities of the Russian Federation and the languages of the peoples of the Russian Federation.
16. The consumer must also be provided with clear and reliable information about the services provided, the prices for them and the conditions for the provision of services, as well as the forms of service used in the sale of goods (on pre-orders, sale of goods at home and other forms).
17. When selling goods, the buyer is given the opportunity to familiarize himself or with the help of the seller with the necessary goods.
The buyer has the right to inspect the offered goods, demand that a property check be carried out in his presence or a demonstration of its operation, unless this is excluded due to the nature of the goods and does not contradict the rules adopted in retail trade.
The seller is obliged to conduct a quality and safety check (inspection, testing, analysis, examination) of the goods offered for sale in the case when the checks are provided for by the legislation of the Russian Federation or the terms of the contract.
18. The prices of goods sold by the seller, as well as other terms of the contract, must be the same for all buyers, except in cases where federal laws or other regulatory legal acts allow the provision of benefits for certain categories of buyers.
19. The seller is obliged to ensure the availability of uniform and clearly defined price tags for the goods sold, indicating the name of the goods, grade (if any), price per weight or unit of goods. It is allowed to issue price tags on paper or other information carrier visually accessible to buyers, including those with electronic display of information, using slate boards, stands, light panels.
When selling goods carried out through peddling, the seller's representative must have a price list certified by the signature of the person responsible for its execution, indicating the name and price of the goods, as well as services provided with the consent of the buyer.
20. The contract is considered concluded in the proper form from the moment the seller issues the buyer a cash or sales receipt or other document confirming payment for the goods, unless otherwise provided by federal law or an agreement between the seller and the buyer.
In case of retail trade, together with the goods (with the exception of the food products specified in paragraph two of clause 4 of these Rules), the buyer is given a sales receipt, which indicates the name of the goods and information about the seller, the date of sale, the quantity and price of the goods, and the signature of the seller’s representative .
21. Settlements with buyers for goods are carried out using cash registers, with the exception of cases provided for by the legislation of the Russian Federation.
22. Services offered by the seller in connection with the sale of goods may be provided only with the consent of the buyer.
The buyer has the right to refuse the services offered during the sale of the goods, as well as demand from the seller the return of the amounts paid for the services provided without his consent.
The seller is not entitled to condition the sale of some goods on the obligatory purchase of other goods or the obligatory provision of services in connection with their sale, except in cases where the goods cannot be assembled and (or) installed (connected) according to technical requirements without the participation of relevant specialists.
In the case of delivery of bulky goods by the buyer, the seller is obliged to ensure the loading of the goods on the buyer's vehicle free of charge.
23. The seller is obliged to transfer to the buyer goods of proper quality, in containers and (or) packaging, with the exception of goods that, by their nature, do not require packaging and (or) packaging, in a certain set (set of goods) and completeness, with documents related to the goods and accessories.
Requirements for the quality, container and (or) packaging of the transferred goods, their completeness, accessories and documentation, a set of goods, as well as the conditions for the delivery of goods are established by the legislation of the Russian Federation.
24. The goods for which the expiration date is set, the seller is obliged to transfer to the buyer in such a way that it can be used for its intended purpose before the expiration date.
25. When selling goods with the condition that the buyer accepts them within a certain period, the seller cannot sell the goods to another buyer during this period.
Unless otherwise provided by the contract between the seller and the buyer, the buyer's failure to appear or take other necessary actions to accept the goods within the period specified by the contract may be considered by the seller as the buyer's refusal to purchase the goods.
26. The buyer has the right, within 14 days from the date of transfer of a non-food product of good quality to him, if a longer period is not declared by the seller, to exchange at the place of purchase and other places declared by the seller, the purchased product for a similar product of a different size, shape, dimension, style, colors or configurations, making the necessary recalculation with the seller in case of a difference in price.
The book presents the texts of the most important regulatory legal acts on trade in consumer goods in the edition effective from January 4, 2017 and taking into account the List of technically complex goods in the edition effective from September 28, 2016. With its help, each reader can get a complete and reliable information about the rules of sale various kinds goods.
Trading rules (as amended for 2017)
Compiled by M. Yu. Rogozhin
© Piter Publishing House LLC, 2017
Rules for the sale of certain types of goods
I. General provisions
1. These Rules are developed in accordance with the Law of the Russian Federation "On the Protection of Consumer Rights" and govern relations between buyers and sellers in the sale of certain types of food and non-food products.
2. Under buyer means a citizen who intends to order or purchase or ordering, acquiring or using goods exclusively for personal, family, household and other needs not related to entrepreneurial activities.
Under seller means an organization, regardless of its legal form, as well as an individual entrepreneur selling goods under a retail sale and purchase agreement (hereinafter referred to as the agreement).
3. Seller's working hours- a state or municipal organization is established by decision of the relevant executive authorities or local governments.
Seller's working hours- organizations of a different organizational and legal form, as well as an individual entrepreneur, are established by them independently.
In the event of a temporary suspension of its activities (for scheduled sanitary days, repairs and in other cases), the seller is obliged to provide the buyer with information on the date and timing of the suspension of activities in a timely manner.
4. The range of goods offered for sale, the list of services provided, as well as the forms of service are determined by the seller independently in accordance with the profile and specialization of their activities.
When carrying out retail trade at the location of the buyer outside stationary places of trade: at home, at the place of work and study, on transport, on the street and in other places (hereinafter referred to as peddling trade), it is not allowed to sell food products (with the exception of ice cream, soft drinks , confectionery and bakery products in the packaging of the manufacturer of the goods), medicines, medical products, jewelry and other products made of precious metals and (or) precious stones, weapons and cartridges for them, copies of audiovisual works and phonograms, programs for electronic computers and bases data.
5. The seller, in carrying out his activities, is obliged to comply with the mandatory requirements for the organization and implementation of trading activities established by the regulatory legal acts of the Russian Federation.
6. The seller must have the necessary premises, equipment and inventory to ensure, in accordance with the legislation of the Russian Federation on technical regulation, the preservation of the quality and safety of goods during their storage and sale at the point of sale, appropriate trading conditions, as well as the possibility of the correct choice of goods by buyers.
7. The seller is obliged to have and maintain measuring instruments in good condition, timely and in accordance with the established procedure to carry out their metrological verification.
In order for the buyer to check the correctness of the price, measure and weight of the purchased goods, appropriate measuring equipment must be installed on the trading floor at an accessible place.
8. The seller is obliged to have a book of reviews and offers, which is provided to the buyer at his request.
9. These Rules are brought to the attention of buyers by the seller in a clear and accessible form.
10. The seller is obliged to bring to the attention of the buyer the company name (name) of his organization, its location (address) and mode of operation, placing the specified information on the signboard of the organization.
The seller - an individual entrepreneur must provide the buyer with information on state registration and the name of the body that registered it.
If the activity carried out by the seller is subject to licensing, then he is obliged to provide information on the number and validity of the license, as well as on the authority that issued it.
The specified information is placed in places convenient for familiarization of the buyer.
Similar information should also be brought to the attention of buyers when trading in temporary premises, at fairs, from stalls and in other cases, if trading is carried out outside the permanent location of the seller.
When carrying out retail trade, the seller's representative must have a personal card certified by the signature of the person responsible for its execution and the seller's seal (if there is a seal), with a photograph, indicating the last name, first name, patronymic of the seller's representative, as well as information about the seller.
11. The seller is obliged to promptly bring to the attention of the buyer the necessary and reliable information about the goods and their manufacturers in a clear and accessible form, which ensures the possibility of the correct choice of goods.
The information must contain:
Name of product;
Location (address), company name (name) of the manufacturer (seller), location (address) of the organization (organizations) authorized by the manufacturer (seller) to accept claims from buyers and carry out repairs and maintenance of goods, for imported goods - the name of the country the origin of the goods;
Information on the mandatory confirmation of the conformity of goods in the manner prescribed by the legislation of the Russian Federation on technical regulation;
Information about the main consumer properties of the goods;
Information on the energy efficiency of goods in respect of which the requirement for the availability of such information is determined in accordance with the legislation of the Russian Federation on energy saving and on improving energy efficiency;
Rules and conditions for the effective and safe use of the goods;
Warranty period, if it is established for a specific product;
The service life (shelf life), if it is set for a particular product, as well as information about the necessary actions of the buyer after the specified period and possible consequences if such actions are not taken, if the goods after the specified period pose a danger to the life, health and property of the buyer or become unsuitable for its intended use;
The price in rubles and the conditions for the purchase of goods, including when providing a loan - the amount of the loan, the full amount payable by the consumer, and the repayment schedule for this amount. If the goods purchased by the buyer were in use or a defect (shortcomings) was eliminated in it, the buyer must be provided with information about this.
The seller must warn the buyer about the shortcomings in the product not only orally, but also in writing (on the product label, sales receipt or otherwise).
12. The seller is obliged, at the request of the consumer, to acquaint him with the shipping documentation for the goods, containing for each item of goods information on the mandatory confirmation of conformity in accordance with the legislation of the Russian Federation on technical regulation (certificate of conformity, its number, its validity period, the authority that issued the certificate, or information about the declaration of conformity, including its registration number, its validity period, the name of the person who accepted the declaration, and the body that registered it). These documents must be certified by the signature and seal of the supplier or seller (if there is a seal) indicating its location (address) and telephone number.
13. The sale of goods made from objects of the animal world (fur and leather garments, haberdashery, decorative items, shoes, food products) belonging to species listed in the Red Book of the Russian Federation is carried out if there is appropriate documentation for the goods confirming that these objects of the animal world were obtained in accordance with the legislation of the Russian Federation on the basis of a permit (administrative license) issued by the federal executive body in the field of environmental protection. The sale of goods imported into the Russian Federation made from objects of the animal world falling under the scope of the Convention on International Trade in Endangered Species of Wild Fauna and Flora is carried out on the basis of a permit from the competent authority of the exporting country, and goods confiscated as a result of violation of this Convention, - based on the permission of the authorized body.
When selling such goods, the seller is obliged to provide the buyer, at his request, with information about the documents confirming the availability of the relevant permit.
14. The seller must also provide other information about the goods provided for by federal laws, other regulatory legal acts of the Russian Federation.
15. Information about the product, its manufacturer and seller must be brought to the attention of the buyer by the methods established by federal laws, other regulatory legal acts of the Russian Federation, and if they are not defined by these acts, then by the methods adopted for certain types of goods.
The amount of mandatory information about the product, its manufacturer, transferred to the buyer along with the product (on the product, consumer packaging, packaging, label, label, in technical documentation) must comply with the requirements of federal laws, other regulatory legal acts of the Russian Federation.
Information about the seller, goods and their manufacturers is brought to the attention of buyers in Russian, and additionally, at the discretion of the seller, in the state languages of the constituent entities of the Russian Federation and the languages of the peoples of the Russian Federation.
16. The consumer must also be provided with clear and reliable information about the services provided, the prices for them and the conditions for the provision of services, as well as the forms of service used in the sale of goods (on pre-orders, sale of goods at home and other forms).
17. When selling goods, the buyer is given the opportunity to familiarize himself or with the help of the seller with the necessary goods.
The buyer has the right to inspect the offered goods, demand that a property check be carried out in his presence or a demonstration of its operation, unless this is excluded due to the nature of the goods and does not contradict the rules adopted in retail trade.
The seller is obliged to conduct a quality and safety check (inspection, testing, analysis, examination) of the goods offered for sale in the case when the checks are provided for by the legislation of the Russian Federation or the terms of the contract.
18. The prices of goods sold by the seller, as well as other terms of the contract, must be the same for all buyers, except in cases where federal laws or other regulatory legal acts allow the provision of benefits for certain categories of buyers.
19. The seller is obliged to ensure the availability of uniform and clearly defined price tags for the goods sold, indicating the name of the goods, grade (if any), price per weight or unit of goods. It is allowed to issue price tags on paper or other information carrier visually accessible to buyers, including those with electronic display of information, using slate boards, stands, light panels.
When selling goods carried out through peddling, the seller's representative must have a price list certified by the signature of the person responsible for its execution, indicating the name and price of the goods, as well as services provided with the consent of the buyer.
20. The contract is considered concluded in the proper form from the moment the seller issues the buyer a cash or sales receipt or other document confirming payment for the goods, unless otherwise provided by federal law or an agreement between the seller and the buyer.
In case of retail trade, together with the goods (with the exception of the food products specified in paragraph two of clause 4 of these Rules), the buyer is given a sales receipt, which indicates the name of the goods and information about the seller, the date of sale, the quantity and price of the goods, and the signature of the seller’s representative .
21. Settlements with buyers for goods are carried out using cash registers, with the exception of cases provided for by the legislation of the Russian Federation.
22. Services offered by the seller in connection with the sale of goods may be provided only with the consent of the buyer.
The buyer has the right to refuse the services offered during the sale of the goods, as well as demand from the seller the return of the amounts paid for the services provided without his consent.
The seller is not entitled to condition the sale of some goods on the obligatory purchase of other goods or the obligatory provision of services in connection with their sale, except in cases where the goods cannot be assembled and (or) installed (connected) according to technical requirements without the participation of relevant specialists.
In the case of delivery of bulky goods by the buyer, the seller is obliged to ensure the loading of the goods on the buyer's vehicle free of charge.
23. The seller is obliged to transfer to the buyer goods of proper quality, in containers and (or) packaging, with the exception of goods that, by their nature, do not require packaging and (or) packaging, in a certain set (set of goods) and completeness, with documents related to the goods and accessories.
Requirements for the quality, container and (or) packaging of the transferred goods, their completeness, accessories and documentation, a set of goods, as well as the conditions for the delivery of goods are established by the legislation of the Russian Federation.
24. The goods for which the expiration date is set, the seller is obliged to transfer to the buyer in such a way that it can be used for its intended purpose before the expiration date.
25. When selling goods with the condition that the buyer accepts them within a certain period, the seller cannot sell the goods to another buyer during this period.
Unless otherwise provided by the contract between the seller and the buyer, the buyer's failure to appear or take other necessary actions to accept the goods within the period specified by the contract may be considered by the seller as the buyer's refusal to purchase the goods.
26. The buyer has the right, within 14 days from the date of transfer of a non-food product of good quality to him, if a longer period is not declared by the seller, to exchange at the place of purchase and other places declared by the seller, the purchased product for a similar product of a different size, shape, dimension, style, colors or configurations, making the necessary recalculation with the seller in case of a difference in price.
If the seller does not have the goods necessary for the exchange, the buyer has the right to return the purchased goods to the seller and receive the amount of money paid for it or exchange it for a similar product at the first receipt of the corresponding goods for sale. The seller is obliged to inform the buyer, who requested the exchange of non-food goods, of its receipt on sale.
The buyer's demand for the exchange or return of goods is subject to satisfaction if the goods were not in use, their marketable condition, consumer properties, seals, labels are preserved, and there is evidence of the purchase of goods from this seller, with the exception of goods that are not subject to exchange or return according to the specified in this clause on the grounds in accordance with the list approved by the Government of the Russian Federation.
27. The buyer, to whom goods of inadequate quality were sold, if its defects were not specified by the seller, has the right, at his choice, to demand from the seller:
Replacement for a product of a similar brand (model, article);
Replacement for the same product of another brand (model, article) with the corresponding recalculation of the purchase price;
Proportionate reduction of the purchase price;
Immediate gratuitous elimination of product defects;
Reimbursement of expenses incurred by the buyer or a third party to eliminate defects in the goods.
In this case, the buyer has the right to demand also full compensation for losses caused to him as a result of the sale of goods of inadequate quality.
The buyer has the right to demand the replacement of a technically complex or expensive product in the event of a significant violation of the requirements for its quality (detection of fatal flaws, flaws that cannot be eliminated without disproportionate costs or time, or are detected repeatedly, or appear again after their elimination, and other similar shortcomings).
With regard to technically complex goods, the specified requirement of the buyer is subject to satisfaction in accordance with the list of such goods approved by the Government of the Russian Federation.
In case of detection of defects in the goods, the properties of which do not allow them to be eliminated (food products, perfumes and cosmetics, household chemicals and other goods), the buyer has the right, at his choice, to demand the replacement of such goods with goods of good quality or a commensurate reduction in the purchase price.
Instead of presenting these requirements, the buyer has the right to refuse the purchased goods and demand the return of the amount of money paid for the goods.
In this case, the buyer, at the request of the seller and at his expense, must return the received goods of inadequate quality.
When returning to the buyer the amount of money paid for the goods, the seller is not entitled to withhold from it the amount by which the cost of the goods has decreased due to its full or partial use, loss of its presentation or other similar circumstances.
If the buyer presents a demand for the seller to eliminate the shortcomings of a durable product or replace such a product, the buyer has the right to simultaneously demand that he be provided with a similar product of adequate quality for the period of repair or replacement of goods of inadequate quality, with the exception of goods according to the list approved by the Government of the Russian Federation, for which this requirement does not apply.
28. The seller or an organization that performs the functions of a seller on the basis of an agreement with him is obliged to accept goods of inadequate quality from the buyer, and, if necessary, to check the quality of the goods. The buyer has the right to participate in the quality control of the goods.
If a dispute arises about the reasons for the appearance of defects in the goods, the seller or an organization performing the functions of the seller on the basis of an agreement with him, are obliged to conduct an examination of the goods at their own expense. The buyer has the right to challenge the conclusion of such an examination in court.
The buyer's lack of a cash or sales receipt or other document certifying the fact and conditions of the purchase of goods is not a reason to refuse to satisfy his requirements and does not deprive him of the opportunity to refer to witness testimony in support of the conclusion of the contract and its terms.
29. The terms for the seller to satisfy the buyer's requirements, as well as liability for violation of these terms, are determined in accordance with the Law of the Russian Federation "On Protection of Consumer Rights".
30. The buyer has the right to present the requirements specified in paragraph 27 of these Rules in relation to the defects of the goods if they are discovered during the warranty period or the expiration date.
The warranty period of the goods, as well as its service life, is calculated from the date of sale of the goods to the buyer. If it is impossible to determine the day of sale of the goods, this period shall be calculated from the date of manufacture of the goods.
The expiration date of the goods is determined by the period calculated from the date of manufacture of the goods, during which it is suitable for use, or the date before which the goods are suitable for use.
If the buyer is deprived of the opportunity to use the product due to circumstances that depend on the seller (the product needs special installation, connection or assembly, it has defects, etc.), the warranty period is calculated from the date the seller eliminates such circumstances. If the day of delivery, installation, connection, assembly of the goods cannot be determined, the warranty period shall be calculated from the date of conclusion of the contract of sale.
For seasonal goods (clothing, fur goods, shoes and other goods), the warranty period is calculated from the moment of the corresponding season, the date of which is determined by the authorized state body of the constituent entity of the Russian Federation, based on the climatic conditions of the location of buyers.
If the warranty period is less than two years and defects in the goods are discovered by the buyer after the expiration of the warranty period, but within two years, the seller is liable if the buyer proves that the defects in the goods arose before it was handed over to the buyer or for reasons that arose before that moment.
31. If the product does not have a warranty period or expiration date, claims related to the defects of the goods may be presented by the buyer, provided that the defects are discovered within a reasonable time, but within two years from the date of transfer of the goods to the buyer or within a longer period established in accordance with federal law or treaty.
II. Features of the sale of food products
32. Information on food products in accordance with the legislation of the Russian Federation on technical regulation, depending on the type of goods, in addition to the information specified in paragraphs 11, 12 and 13 of these Rules, must contain:
The name of the ingredients included in the composition of food products, including food additives;
Information about nutritional value(calorie content of the product, content of proteins, fats, carbohydrates, vitamins, macro- and microelements), weight or volume;
Purpose, conditions and scope (for children's products, diet food and dietary supplements);
Methods and conditions of preparation (for concentrates and semi-finished products) and application (for baby and diet food);
Storage conditions (for goods for which mandatory requirements for storage conditions are established);
Date of manufacture and date of packaging of the goods;
Contraindications for eating with certain types of diseases (for products, information about which should contain contraindications for eating with certain types of diseases);
Information on state registration (for food products subject to state registration).
Paragraph ten is no longer valid.
33. Goods prior to their submission to the trading floor or other place of sale must be freed from containers, wrapping and binding materials, metal clips. Contaminated surfaces or parts of the product must be removed. The seller is also obliged to check the quality of the goods (by external signs), the availability of the necessary documentation and information on them, to carry out the rejection and sorting of the goods.
Food products of non-industrial manufacture, sold in food markets, are subject to sale after a veterinary and sanitary examination with the issuance of a veterinary certificate (certificate) of the established form in accordance with the established procedure, which must be presented to the buyer at his request.
Organizations implementing retail sale alcoholic products, prior to the supply of alcoholic products to the trading floor, the authenticity of federal special stamps and excise stamps is checked visually, as well as using access to information resources of the Federal Service for Regulation of the Alcohol Market.
34. In the case of pre-sale packing and packaging of loose goods produced by the seller, the volume of packed goods with short shelf life must not exceed the volume of their sale during one trading day.
The packaged goods shall be marked with their name, weight, price per kilogram, cost of plumb line, date of packaging, expiration date, number or surname of the weigher.
When selling food products packaged and packaged by the manufacturer with an indication of the weight on the package, their additional weighting is not performed.
Bulk and unpackaged food products are not subject to sale, with the exception of certain types of goods, the list of which is approved in accordance with the procedure established by federal law.
35. Bulk food products are transferred to the buyer in a packaged form without charging an additional fee for packaging.
For packaging, materials are used that meet the mandatory requirements established by the legislation of the Russian Federation on technical regulation.
36. The price of food products sold by weight is determined by net weight.
37. At the request of the buyer gastronomic products can be sold to him in sliced form.
Bread and bakery products weighing 0.4 kg or more (except for products in the manufacturer's packaging) can be cut into 2 or 4 equal parts and sold without weighing.
Bread and bakery products are sold in small retail outlets only in packaged form.
38. Food outlets may sell related non-food items and provide services Catering. At the same time, trade related products and the provision of public catering services should not lead to a deterioration in the quality and safety of food products and the conditions for their sale, established by the legislation of the Russian Federation on technical regulation.
III. Features of the sale of textile, knitwear, clothing and fur goods and footwear
39. Textile goods (fabrics and non-woven materials and products made from them), knitwear, garments (clothing, underwear, hats), fur products and footwear must pass through pre-sale preparation which includes: unpacking, sorting and inspection of goods; checking the quality of the goods (by external signs) and the availability of the necessary information about the product and its manufacturer; if necessary, cleaning and ironing products and their minor repairs.
40. Goods offered for sale must be grouped by types, models, sizes, heights and displayed on the trading floor. Taking into account the peculiarities of trade, samples of goods offered for sale may be exhibited on the trading floor, for which the buyer is given the opportunity to choose and purchase the goods he needs.
Knitwear, clothing, fur goods and footwear for men, women and children should be placed separately on the trading floor.
Fabrics are grouped according to the type and type of fiber from which they are made, fur goods - according to the type of fur.
Each fabric sample must also be accompanied by information about the percentage of fibers from which it is made, and fur products - information about the type of fur.
41. Goods must have labels indicating their name, article number, price, size (for clothes, linen and other garments, shoes, headgear) and height (for clothes and linen), type of fur and color of its color (for clothes, fur hats and collars).
42. The seller is obliged to provide the buyer of garments, outerwear, hats, fur goods and footwear with conditions for trying on goods. For this purpose, trading floors should be equipped with fitting booths with mirrors, equipped with banquettes or benches, stands.
43. The measurement of woolen fabrics, batting and other heavy, voluminous fabrics when sold to the buyer is carried out by imposing a rigid standard meter on the fabric lying on the counter (table) in a free state without folds. Thin and light fabrics are measured with a rigid standard meter by throwing the fabric on the counter with a free, tension-free application of the fabric to the meter.
The measurement of all types of fabrics, except for woolen fabrics and knitted fabrics, can also be carried out by placing the fabric on a counter (table), on one side of which a branded metal measuring tape is mounted.
It is forbidden to add cut-off fabric to the purchase, as well as the sale of pieces of fabric with a factory label and brand (chazny ends), if the factory finish is broken and the brand is not put on the wrong side.
44. When dispensing fabrics, clothing, fur goods and footwear, the person carrying out the sale, in the presence of the buyer, checks the quality of the goods (by external examination), the accuracy of the measure (quantity), the correctness of the calculation of the purchase price.
45. Fabrics, clothes, furs and shoes are transferred to the buyer in a packaged form without charging an additional fee for packaging.
46. If cash receipt the goods do not contain the name of the goods, article number, grade (if any), along with the goods, the buyer is given a sales receipt, which indicates this information, the name of the seller, the date of sale and the price of the goods and the person directly selling the goods is signed.
IV. Features of the sale of technically complex household goods
47. Household electronic equipment, communications, computing and copying technique, photographic and film equipment, watches, musical goods, electrical household appliances, machines and tools, household gas equipment and devices, other technically complex household goods must undergo pre-sale preparation, which includes: unpacking the goods , removal of factory grease, dust, chips; inspection of the goods; checking the completeness, quality of the product, the availability of the necessary information about the product and its manufacturer; if necessary, the assembly of the product and its adjustment.
48. Samples of goods offered for sale must be placed on the trading floor, have labels indicating the name, brand, model, article, price of the goods, as well as brief annotations containing its main technical characteristics.
49. At the request of the buyer, he must be familiarized with the device and operation of the goods, which must be shown in an assembled, technically sound condition. Goods that do not require special equipment for connection are shown in working condition.
50. The seller, at the request of the buyer, checks in his presence the quality of the goods, their completeness, the availability of documents related to it, the correctness of the price.
51. When technically complex household goods are transferred to the buyer, the set of accessories and documents specified by the manufacturer of the goods (technical passport or other document replacing it indicating the date and place of sale, operating instructions and other documents) are simultaneously transferred to the buyer.
In the case provided for by paragraph 46 of these Rules, a sales receipt containing the information specified in this paragraph is also transferred to the buyer along with the goods.
52. The seller or an organization that performs the functions of a seller under an agreement with him is obliged to assemble and (or) install (connect) at the buyer's home a technically complex product, self-assembly and (or) connection of which by the buyer in accordance with the mandatory requirements or technical documentation attached to the product (technical passport, operating instructions) is not allowed.
Information about organizations performing said works, the seller is obliged to bring to the attention of the buyer when selling goods.
If the cost of assembling and (or) installing the goods is included in its price, then these works must be performed by the seller or the relevant organization free of charge.
V. Features of the sale of perfumery and cosmetic products
53. Information about perfumery and cosmetic products, in addition to the information specified in paragraphs 11 and 12 of these Rules, must contain, taking into account the characteristics of a particular product, information about its purpose, ingredients included in the product, action and effect, restrictions (contraindications) for use, methods and conditions of use, net weight or volume and (or) number of units of the product in consumer packaging, storage conditions (for goods for which mandatory requirements for storage conditions are established), as well as information on state registration (for goods subject to state registration ).
Paragraph two is invalid.
54. Prior to submission to the trading floor, perfumery and cosmetic products are unpacked and inspected, the quality (by external signs) of each unit of the product and the availability of the necessary information about it is checked.
55. The buyer should be given the opportunity to get acquainted with the smell of perfumes, colognes, toilet water using litmus papers soaked in fragrant liquid, snuff samples provided by the manufacturers of goods, as well as other properties and characteristics of the goods offered for sale.
56. When transferring goods in a package with cellophane wrapping or branded tape, the buyer should be asked to check the contents of the package by removing the cellophane or branded tape. The aerosol packaging of the product is checked by the person carrying out the sale for the functioning of the packaging in the presence of the buyer.
VI. Features of the sale of cars, motorcycles, trailers and numbered units
57. Automobiles, motorcycles and other types of motor vehicles, trailers and numbered units for them must undergo pre-sale preparation, the types and volumes of which are determined by the product manufacturers. In the service book for the goods or another document replacing it, the seller is obliged to make a note about such preparation.
58. When demonstrating the goods offered for sale, the buyer shall have free access to them.
59. When transferring the goods to the buyer, the set of accessories and documents established by the manufacturer, including the service book or other document replacing it, as well as a document certifying the ownership of the vehicle or numbered unit, are simultaneously transferred to the buyer for their state registration in accordance with the procedure established by the legislation of the Russian Federation .
In the event that the buyer loses the document certifying the ownership of the vehicle or the numbered unit, the seller is obliged, upon the owner’s application and presentation of a passport or other document replacing it, to issue a new document marked “duplicate” indicating the series, number and date of the previously issued document .
60. When transferring the goods, the person carrying out the sale shall check in the presence of the buyer the quality of the work performed on the pre-sale preparation of the goods, as well as its completeness.
Together with the goods, the buyer is also given a sales receipt, which indicates the name of the goods and the seller, the brand of the goods, the numbers of its units, the date of sale and the price of the goods, as well as the signature of the person directly carrying out the sale.
VII. Features of the sale of jewelry and other products made of precious metals and (or) precious stones
61. Sale of jewelry and other products made from precious metals (gold, silver, platinum, palladium) and their alloys using various types of artistic processing, with inserts of precious (diamonds, sapphires, rubies, emeralds, alexandrites and pearls), semi-precious , ornamental stones and other materials of natural or artificial origin or without them, used as various decorations, household items, worship and (or) for decorative purposes, performing rituals and ceremonies, as well as commemorative, anniversary and other signs made of precious metals and medals, except for commemorative coins that have been issued, and state awards, the status of which is determined in accordance with the legislation of the Russian Federation, both produced in the Russian Federation and imported into its territory, subject to branding in the manner established by the legislation of the Russian Federation, is carried out only if on these products imprints of government assay marks of the Russian Federation, as well as imprints of manufacturers' names (for products domestic production).
It is allowed to sell jewelry and other products made of silver of domestic production weighing up to 3 grams inclusive (excluding inserts) without an imprint of the state hallmark.
The sale of cut diamonds made from natural diamonds and cut emeralds is carried out only if there is a certificate for each such stone or set (batch) of precious stones sold.
62. Information about jewelry and other products offered for sale made of precious metals and (or) precious stones, cut emeralds and diamonds, in addition to the information specified in paragraphs 11 and 12 of these Rules, must contain extracts from regulatory legal acts establishing the procedure for testing, analysis and branding of jewelry and other products made of precious metals and certification of precious stones.
63. Jewelry and other products made of precious metals and (or) precious stones must undergo pre-sale preparation before being submitted to the trading floor, which includes inspection and sorting of such products; checking the presence of imprints of the state hallmark of the Russian Federation and the name of the manufacturer (for domestic products) or certificates, as well as the safety of seals and labels; sorting by size.
64. Jewelry and other products made of precious metals and (or) precious stones offered for sale must be grouped according to their purpose and have sealed labels indicating the name of the product and its manufacturer, type of precious metal, article number, sample, weight, type and characteristics of the inserts, including the processing method that changed the quality, color and cost characteristics of the gemstone, as well as the price of the product (prices per 1 gram of the product without inserts).
When using as inserts materials of artificial origin with the characteristics (properties) of precious stones, the labels must contain information that this stone is not precious.
65. Jewelry and other products made of precious metals and (or) precious stones, as well as faceted natural precious stones must be individually packaged.
66. When transferring the purchased goods to the buyer, the person carrying out the sale checks for the presence of an imprint of the state hallmark of the Russian Federation and its quality, the presence of an imprint of the manufacturer's name (for domestic products), as well as a certificate for a cut gemstone.
67. At the request of the buyer, in his presence, the purchased jewelry and other products made of precious metals and (or) precious stones without a label weighing up to 1 kg are weighed on scales with an error in determining the mass of not more than 0.01 g, and weighing from 1 kg to 10 kg - on scales with a determination error of not more than 0.1 g.
68. In the case when, in order to verify the correctness of the labeling of the product, including the mass, it is required to remove the label, an act is drawn up with the subsequent indication of the number of the act on the duplicate label of the store. The manufacturer's label is saved and attached to the product along with the duplicate.
69. If the cash receipt for the goods does not contain the name of the goods, sample, type and characteristics of the precious stone, article, together with the goods, the buyer is given a sales receipt, which indicates this information, the name of the seller, the date of sale and the price of the goods and the person directly carrying out the sale of goods, the signature is affixed.
VIII. Features of the sale of medicines and medical devices
70. The sale of medicinal products (metered medicinal products, ready for use and intended for the prevention, diagnosis and treatment of human and animal diseases, prevention of pregnancy, increase in animal productivity) is carried out in accordance with the Federal Law "On the Circulation of Medicines" and taking into account the specifics, defined by these Rules.
71. Information about medicinal products in addition to the information specified in paragraphs 11 and 12 of these Rules, as well as those provided for in Article 46 federal law"On the Circulation of Medicinal Products" should contain information on the state registration of the drug, indicating the number and date of its state registration (with the exception of drugs manufactured by the seller (pharmacy) according to doctor's prescriptions).
72. Information about medical products (instruments, devices, devices, equipment, materials and other products used for medical purposes separately or in combination with each other, as well as together with other accessories necessary for the use of these products for their intended purpose, including special software , and intended by the manufacturer for the prevention, diagnosis, treatment and medical rehabilitation of diseases, monitoring the state of the human body, medical research, restoration, replacement, changes in the anatomical structure or physiological functions of the body, prevention or termination of pregnancy, the functional purpose of which is not realized through pharmacological, immunological, genetic or metabolic effects on the human body) in addition to the information specified in paragraphs 11 and 12 of these Rules, must contain information about the number and date of the registration certificate for a medical device issued Federal Service on supervision in the field of healthcare in the prescribed manner, as well as taking into account the characteristics of a particular type of product, information about its purpose, method and conditions of use, action and effect, restrictions (contraindications) for use.
73. The seller must provide the buyer with information about the rules for dispensing medicinal products.
74. The seller is obliged to ensure the sale of medicines of the minimum range necessary to provide medical care, the list of which is established by the Ministry of Health of the Russian Federation.
75. Medicinal preparations and medical products must undergo pre-sale preparation before being submitted to the trading floor, which includes unpacking, sorting and inspection of goods; checking the quality of the goods (by external signs) and the availability of the necessary information about the product and its manufacturer (supplier).
Pre-sales preparation of medical devices also includes, if necessary, the removal of factory grease, checking the completeness, assembly and commissioning.
76. The sale of medicines and medical devices is carried out on the basis of the prescriptions of doctors presented by the buyers, issued in the prescribed manner, as well as without prescriptions in accordance with the instructions for the use of medicines and medical devices.
77. Lost power.
IX. Features of selling animals and plants
78. Information about animals and plants offered for sale, in addition to the information specified in paragraph 11 of these Rules, must contain their species name, information about the features of keeping and breeding.
The seller must also provide information about:
The number and date of the permit (license) for catching certain types of wild animals, issued in accordance with the procedure established by the legislation of the Russian Federation;
The number and date of the permit for the import into the territory of the Russian Federation of certain species of wild animals and wild plants issued by the competent authority of the exporting country or by another authority authorized to issue such a permit (in respect of wild animals and wild plants imported into the Russian Federation subject to the Convention on international trade in species of wild fauna and flora that are endangered or confiscated as a result of violation of the said Convention);
Number and date of the certificate of entry of the zoological collection, of which the wild animal offered for sale is a part, into the register of zoological collections registered with the state, issued in accordance with the procedure established by the legislation of the Russian Federation (for wild animals bred in captivity and being part of the zoological collection) .
79. Animals intended for sale must be kept in accordance with the generally accepted standards of humane treatment of animals in conditions that meet sanitary, veterinary and zoohygienic requirements for keeping animals.
80. If the cash receipt for the goods does not contain the species name and number of animals or plants, together with the goods the sales receipt is transferred to the buyer, which indicates this information, the name of the seller, the date of sale and the price, and the person directly selling the goods is signed .
The buyer is also given information about the number and date of one of the documents specified in paragraph 78 of these Rules (when selling a wild animal or wild plant), and a duly issued veterinary certificate (certificate) certifying that the animal is healthy.
X. Features of the sale of household chemicals
81. Information about household chemicals (detergents, cleaners and other products for the care of premises, furniture, dishes, household equipment and household items, linen, clothing, shoes, cars; adhesives, varnishes, paints and other paints and varnishes; disinfectants and means for combating household insects and rodents intended for use in living conditions; chemicals, their compounds and products from them intended for repair and finishing works in domestic conditions, and other similar goods) in addition to the information specified in paragraphs 11 and 12 of these Rules, must contain:
The name of the ingredients included in the composition of household chemicals;
the third paragraph is no longer valid;
Date and number of the technical certificate (for goods for which mandatory requirements have been established to confirm their suitability for use in construction);
Storage conditions (for goods for which mandatory requirements for storage conditions are established).
82. Household chemical goods, prior to their supply to the trading floor (placement at the point of sale), must undergo pre-sale preparation, which includes the release of shipping containers, sorting of goods, checking the integrity of the package (including the functioning of the aerosol package) and the quality of the goods (by external signs ), the availability of the necessary information about the product and its manufacturer, instructions for the use of goods, the correctness of prices.
End of introductory segment.
Trade is the most important branch of the economy. The turnover of goods, carried out both within the state and on the international market, is the main component of the state economy. And yet, trade is not an economically sustainable industry. Given the rapidly changing economic environment in the country, the trade law requires regular updates.
Federal Law No. 381-FZ “On the Fundamentals of State Regulation of Trade Activities in the Russian Federation” was adopted by the State Duma on December 18 and approved by the Federation Council on December 25, 2009. The law in question came into force on December 28 of the same year.
The current regulation consists of 5 chapters and 22 articles. Like other federal laws of the Russian Federation, FZ-381 regularly undergoes a series of necessary amendments. Last amendments to the actual document introduced July 3, 2016. Changes introduced in this way to the Federal Law on Trade, with January 1, 2017 years entered into force.
The provisions of the normative act regulate financial, economic, legal and social relations arising in the field of trade. This Federal Law establishes the basis for the federal regulation of trading activities on the territory of the Russian Federation.
This Federal Law on Trade has the following objectives:
- Ensuring the synthesis of subjects of the economic space of the Russian Federation by establishing a set of rules in the field of trade;
- Promoting the expansion of economic ties to meet the needs of economic sectors;
- Compliance Guarantee legal rights trading participants;
- Separation of powers of state and regional authorities in relation to trade.
The standards established by the valid law on trade do not apply to relationships formed as a result of:
- Foreign trade;
- Trading organizations;
- Sales of products in retail markets;
- Acquisition and sale of shares, real estate, heat and electricity.
In addition, we suggest studying the norms of Federal Law 208 on joint-stock companies. Last revision
Basic concepts
The list of basic terminology used in this Federal Law on Trade includes the following concepts:
- Trading activity (trade)- the type of activity consisting in the purchase and sale of goods;
- Wholesale- buying or selling goods in bulk;
- Retail- sale or purchase of goods in a single copy or in small lots for personal purposes;
- Trade facility- a place intended for the demonstration and sale of products sold;
- Stationary trade facility- TO, located in the building;
- Non-stationary trade facility- mobile or mobile TO;
- Commercial network- a complex of two or more TOs belonging to a certain subject or subjects, in accordance with the provisions of the Federal Law "On Protection of Competition";
- Foodstuffs- food, alcohol and drinks;
- Services for the promotion of goods- services in the field of advertising in order to promote a particular product in the market conditions.
A complete list of the terminology used in Federal Law 381 is provided in Art. 2 of this Federal Law.
In order to study in detail the provisions of the law under consideration, it is necessary to familiarize yourself with its text. The current text of the Federal Law "On the basics of state regulation of trading activities in the Russian Federation" N 381-FZ latest version can be downloaded
Amendments to the law on trade
The last significant amendments to the Federal Law on Trade were made on July 3, 2016. The amending document was the Federal Law “On Amendments to the Federal Law “On the Fundamentals of State Regulation of Trading Activities in the Russian Federation” and the Code of the Russian Federation on administrative offenses»N 273-FZ.
According to the current amendments, the text article 9, paragraph 4 states that an economic entity may be credited with a monetary reward for carrying out the necessary operations to provide food products. The amount of remuneration is determined and agreed upon by the trading parties.
The amendments made to article 13 of the current Federal Law, the prohibitions imposed on the host subject are clarified. An economic enterprise supplying food products is not authorized to:
- Violate the provisions of the current regulatory act "On Protection of Competition";
- It is unlawful to overestimate or underestimate prices;
- Prohibit the counterparty from cooperating with other suppliers;
- Block other suppliers from entering the market.
Deferment of payment under the law on trade
According to the amendments made to part 7 of the article under consideration, its text decides that the term of payment for food products is determined as follows:
- Goods with a short shelf life (up to 10 days) paid no later than 8 working days from the date of their delivery;
- Food with an average shelf life (from 10 to 30 days) paid within 25 calendar days;
- Products with an expiration date exceeds 30 days, must be paid within 40 calendar days from the date of receipt.
Compared to last year's figures, maximum terms by installments for already delivered goods are reduced by 5-10 calendar days.
The main criterion for the installment plan is the period of acceptable storage of the supplied products. Thus, the relationship between the supplier and the recipient becomes more transparent, which makes it possible to improve the quality of the trading process itself.
Outbound trade
Outbound trade is an activity strictly regulated by this regulatory act. First of all, the mobile structure on which the goods are located should not interfere with the traffic and pose a danger to the health and lives of buyers.
The seller-realizer must have a certificate of conformity or a declaration allowing him to engage in trading activities. In most cases, all the necessary documentation is provided to the distributor by the supplier of goods or the owner of the mobile shop.
The mobile structure must comply with technical and sanitary standards. In case of violations, the person carrying out activities in the area in question will be called to account in accordance with the provisions of the valid law.
Trading Rules
Compiled by M. Yu. Rogozhin
© Piter Publishing House LLC, 2017
Rules for the sale of certain types of goods
I. General provisions
1. These Rules are developed in accordance with the Law of the Russian Federation "On the Protection of Consumer Rights" and govern relations between buyers and sellers in the sale of certain types of food and non-food products.
2. Under buyer means a citizen who intends to order or purchase or ordering, acquiring or using goods exclusively for personal, family, household and other needs not related to entrepreneurial activities.
Under seller means an organization, regardless of its legal form, as well as an individual entrepreneur selling goods under a retail sale and purchase agreement (hereinafter referred to as the agreement).
3. Seller's working hours- a state or municipal organization is established by decision of the relevant executive authorities or local governments.
Seller's working hours- organizations of a different organizational and legal form, as well as an individual entrepreneur, are established by them independently.
In the event of a temporary suspension of its activities (for scheduled sanitary days, repairs and in other cases), the seller is obliged to provide the buyer with information on the date and timing of the suspension of activities in a timely manner.
4. The range of goods offered for sale, the list of services provided, as well as the forms of service are determined by the seller independently in accordance with the profile and specialization of their activities.
When carrying out retail trade at the location of the buyer outside stationary places of trade: at home, at the place of work and study, on transport, on the street and in other places (hereinafter referred to as peddling trade), it is not allowed to sell food products (with the exception of ice cream, soft drinks , confectionery and bakery products in the packaging of the manufacturer of the goods), medicines, medical products, jewelry and other products made of precious metals and (or) precious stones, weapons and cartridges for them, copies of audiovisual works and phonograms, programs for electronic computers and bases data.
5. The seller, in carrying out his activities, is obliged to comply with the mandatory requirements for the organization and implementation of trading activities established by the regulatory legal acts of the Russian Federation.
6. The seller must have the necessary premises, equipment and inventory to ensure, in accordance with the legislation of the Russian Federation on technical regulation, the preservation of the quality and safety of goods during their storage and sale at the point of sale, appropriate trading conditions, as well as the possibility of the correct choice of goods by buyers.
7. The seller is obliged to have and maintain measuring instruments in good condition, timely and in accordance with the established procedure to carry out their metrological verification.
In order for the buyer to check the correctness of the price, measure and weight of the purchased goods, appropriate measuring equipment must be installed on the trading floor at an accessible place.
8. The seller is obliged to have a book of reviews and offers, which is provided to the buyer at his request.
9. These Rules are brought to the attention of buyers by the seller in a clear and accessible form.
10. The seller is obliged to bring to the attention of the buyer the company name (name) of his organization, its location (address) and mode of operation, placing the specified information on the signboard of the organization.
The seller - an individual entrepreneur must provide the buyer with information on state registration and the name of the body that registered it.
If the activity carried out by the seller is subject to licensing, then he is obliged to provide information on the number and validity of the license, as well as on the authority that issued it.
The specified information is placed in places convenient for familiarization of the buyer.
Similar information should also be brought to the attention of buyers when trading in temporary premises, at fairs, from stalls and in other cases, if trading is carried out outside the permanent location of the seller.
When carrying out retail trade, the seller's representative must have a personal card certified by the signature of the person responsible for its execution and the seller's seal (if there is a seal), with a photograph, indicating the last name, first name, patronymic of the seller's representative, as well as information about the seller.
11. The seller is obliged to promptly bring to the attention of the buyer the necessary and reliable information about the goods and their manufacturers in a clear and accessible form, which ensures the possibility of the correct choice of goods.
The information must contain:
Name of product;
Location (address), company name (name) of the manufacturer (seller), location (address) of the organization (organizations) authorized by the manufacturer (seller) to accept claims from buyers and carry out repairs and maintenance of goods, for imported goods - the name of the country the origin of the goods;
Information on the mandatory confirmation of the conformity of goods in the manner prescribed by the legislation of the Russian Federation on technical regulation;
Information about the main consumer properties of the goods;
Information on the energy efficiency of goods in respect of which the requirement for the availability of such information is determined in accordance with the legislation of the Russian Federation on energy saving and on improving energy efficiency;
Rules and conditions for the effective and safe use of the goods;
Warranty period, if it is established for a specific product;
The service life (shelf life), if it is set for a particular product, as well as information about the necessary actions of the buyer after the specified period and possible consequences if such actions are not taken, if the goods after the specified period pose a danger to the life, health and property of the buyer or become unsuitable for its intended use;
The price in rubles and the conditions for the purchase of goods, including when providing a loan - the amount of the loan, the full amount payable by the consumer, and the repayment schedule for this amount. If the goods purchased by the buyer were in use or a defect (shortcomings) was eliminated in it, the buyer must be provided with information about this.
The seller must warn the buyer about the shortcomings in the product not only orally, but also in writing (on the product label, sales receipt or otherwise).
12. The seller is obliged, at the request of the consumer, to acquaint him with the shipping documentation for the goods, containing for each item of goods information on the mandatory confirmation of conformity in accordance with the legislation of the Russian Federation on technical regulation (certificate of conformity, its number, its validity period, the authority that issued the certificate, or information about the declaration of conformity, including its registration number, its validity period, the name of the person who accepted the declaration, and the body that registered it). These documents must be certified by the signature and seal of the supplier or seller (if there is a seal) indicating its location (address) and telephone number.
13. The sale of goods made from objects of the animal world (fur and leather garments, haberdashery, decorative items, shoes, food products) belonging to species listed in the Red Book of the Russian Federation is carried out if there is appropriate documentation for the goods confirming that these objects of the animal world were obtained in accordance with the legislation of the Russian Federation on the basis of a permit (administrative license) issued by the federal executive body in the field of environmental protection. The sale of goods imported into the Russian Federation made from objects of the animal world falling under the scope of the Convention on International Trade in Endangered Species of Wild Fauna and Flora is carried out on the basis of a permit from the competent authority of the exporting country, and goods confiscated as a result of violation of this Convention, - based on the permission of the authorized body.
When selling such goods, the seller is obliged to provide the buyer, at his request, with information about the documents confirming the availability of the relevant permit.
