Buyer's right under a retail sale contract. Protection of consumer rights when purchasing goods under a retail sale and purchase agreement Retail purchase and sale features of consumer protection

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

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

Buyer's rights:

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

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

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

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

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

Article 503

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

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

proportional reduction of the purchase price;

immediate gratuitous elimination of defects in the goods;

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

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

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

A retail sale contract is a contract under which the seller undertakes to transfer a thing to the buyer for non-business use.

The agreement is consensual, mutual, reimbursable, public, bilateral.

The contract is public - this means that the seller undertakes to sell the item to an indefinite circle of persons and does not have the right to refuse anyone.

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

the buyer is any citizen.

Subject: things that are not withdrawn from civil circulation, both defined by generic characteristics, and individually defined, and can also be both existing and things created in the future.

Essential conditions: price, subject.

Price: set by the seller for all buyers equally.

Non-payment by the buyer of the goods on time is recognized as the buyer's refusal to fulfill the contract, unless otherwise provided by agreement of the parties.

Term: determined by the parties themselves, but can be concluded with the condition that the buyer accepts the goods within a certain period.

Form: is concluded orally between citizens in the amount of less than 10 minimum wages. The retail sale 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. The buyer's lack of these documents does not deprive him of the opportunity to refer to testimonies in support of the conclusion of the contract.

Types of retail sales contracts:

1) the sale of goods with the condition that the buyer accepts the goods within a certain period (Article 496 of the Civil Code of the Russian Federation). The seller is not entitled to sell the goods to another person within the period specified in the contract. The failure of the buyer to appear by the agreed date means his refusal to conclude the contract, unless otherwise provided by the contract. In this case, the price of the goods includes the costs of the seller to maintain the goods in good condition;

2) sale of goods according to samples (Article 497 of the Civil Code of the Russian Federation). The contract can be concluded on the basis of acquaintance with it by the buyer or according to the catalog or description. The contract is considered fulfilled at the time of delivery of the goods to the place indicated in the buyer's application, and if it is not indicated, then to the buyer's location;

3) sale of goods using vending machines (Article 498 of the Civil Code of the Russian Federation). The owner of the vending machine is obliged to bring to the buyer information about the seller, products and actions that must be performed to receive the goods by placing information on the vending machine or otherwise. The contract is considered concluded from the moment the buyer performs the necessary actions;

4) sale of goods with the condition of delivery (Article 499 of the Civil Code of the Russian Federation). At the conclusion of the contract, the seller undertakes to deliver the goods to the specified place and transfer them to the specified person. The contract is considered executed from the moment it is handed over to the buyer upon presentation of a receipt or other document confirming the conclusion of the contract.

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

Obligations of the parties: the seller is obliged to transfer the goods with documents, in a certain place, in the agreed quantity, assortment, completeness, established quality, and so on, and the buyer is obliged to pay for the goods. The seller is obliged to provide the buyer with the necessary and reliable information about the goods offered for sale, in accordance with the established law, other legal acts and the requirements usually imposed in retail trade on the content and methods of providing such information. Prior to the conclusion of the retail sale contract, the buyer has the right to inspect the goods, demand that the characteristics of the goods be checked in his presence or a demonstration of the use of the goods, unless this is excluded due to the properties of the goods and does not contradict the rules adopted in retail trade.

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

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

• replacement of low-quality goods with goods of good quality;
• proportional reduction of the purchase price;
• immediate gratuitous elimination of defects in the goods;
• reimbursement of expenses for the elimination of defects in the goods.

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

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

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

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

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

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

The consumer has the right to present legal requirements to the seller or manufacturer in relation to product defects if they are discovered during the warranty period or shelf life established by the manufacturer (Article 19 of the Law "On Protection of Consumer Rights"). With regard to goods for which no warranty or expiration dates have been established, the consumer has the right to make these claims if the defects of the goods are discovered within a reasonable time, but within two years from the date of their transfer to the consumer, unless longer periods are established by law or contract. For seasonal goods (shoes, clothes, etc.), these periods are calculated from the moment of the onset of the corresponding season, the onset of which is determined by the constituent entities of the Russian Federation, respectively, based on the climatic conditions of the location of consumers.

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

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

Moreover, the goods of inadequate quality must be replaced with a new product that has not been in use.

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

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

Under the supply contract, the supplier-seller engaged in entrepreneurial activity undertakes to transfer, within a specified period or terms, the goods produced or purchased by him to the buyer for use in entrepreneurial activity or for other purposes not related to personal, family, household and other similar use.

Characteristics of the agreement: consensual, bilateral, reimbursable.

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

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

The parties to the agreement are the supplier-seller, carrying out entrepreneurial activities and the buyer - any citizen.

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

Term: during the term of the contract, delivery in separate batches or uniform batches on a monthly basis or according to a schedule (ten-day, daily, hourly, etc.).

Essential terms of the contract: term and subject (goods).

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

The range of goods is agreed by the parties. If it is not set, then the assortment arises from the essence of the obligation, i.e. the goods must be in the assortment, taking into account the usual interests of the buyer.

The price of the goods is determined by the supply contract or can be determined based on its terms. The price can be set depending on the net weight or may vary depending on the indicators that determine the price of the goods (cost, costs, etc.).

The price is determined based on the ratio of these indicators at the time of the conclusion of the contract and at the time of the transfer of goods. The supply contract determines the order of delivery of goods. The goods are shipped (transferred) to the buyer, who is a party to the supply contract, or to the person specified in the contract as a recipient.

The supply contract may provide for the right of the buyer to give instructions to the supplier on the shipment (transfer) of goods to the recipients specified in the shipping order. The content of the shipping order and the term for sending it by the buyer to the supplier are determined by the contract. If the term for sending such a shipping order is not determined by the contract, it must be sent to the supplier no later than thirty days before the start of the delivery period. If the buyer fails to submit a shipping order within the prescribed period, the supplier has the right to either refuse to fulfill the supply contract or require the buyer to pay for the goods. In addition, the supplier has the right to demand compensation for damages caused due to the failure to provide a shipping order.

At the conclusion of the contract, the seller undertakes to deliver the goods to the specified place and transfer them to the specified person. The contract is considered concluded from the moment it is handed over to the buyer who has presented a receipt or other document confirming the conclusion of the contract, unless otherwise follows from the contract or the nature of the obligation. If no deadline is specified, the goods must be transferred within a reasonable time from the moment the buyer submits a transfer request.

Seller's rights:

1) transfer the goods to the buyer within the period established by the contract, in the absence of such a period within a reasonable time or within seven days after the presentation of claims;

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

Buyer Responsibilities:

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

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

The risk of accidental loss and accidental damage to the goods passes to the buyer from the moment when the seller has fulfilled his obligation to transfer the goods to the buyer. The risk of accidental loss and accidental damage to the goods sold while they are in transit passes to the buyer from the moment the contract of wholesale purchase and sale is concluded.

A supply contract for state needs is an agreement on the transfer to the buyer of goods intended for state needs, concluded by the supplier on the basis of and in pursuance of a state contract.

home distinguishing feature- a special purpose for the use of goods, namely, their purchase for state needs, including in the state reserve.

The supply contract for state needs is:

1) consensual;

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

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

Supplier is an entrepreneur.

State customer - approved by the Government of the Russian Federation federal authorities executive branch, federal state-owned enterprises or state institutions.

Buyer - any entity.

The subject of the contract is any goods purchased for use for economic purposes, including for entrepreneurial activities. Procurement under state contracts of foreign-made goods is not allowed.

The form of the contract is written, it is concluded by signing by the parties of one document.

An essential condition of the supply contract for state needs is the term.

Rights and obligations of the supplier:

1) conclusion of a supply contract for state needs;

2) for delay in delivery or short delivery of goods under a state contract, pay the buyer a penalty in the amount of 50% of the value of the underdelivered products and compensate for losses;

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

b) together with accessories and documents relating to the goods;

c) in a certain amount;

d) in an agreed assortment;

e) appropriate completeness and in the kit, if any;

e) established quality;

g) free from the rights of third parties;

h) in containers and packaging.

Rights and obligations of the state customer:

1) is obliged to accept the goods; 2) is obliged to attach a buyer to the supplier; 3) is obliged to pay for the goods; 4) act as a guarantor for the obligation of the buyer to pay for the goods.

Rights and obligations of the buyer:

1) is obliged to accept the execution proposed by the supplier; 2) the right to refuse to conclude the contract in whole or in part; 3) pay for the goods if the delivery is made under a separate supply agreement.

In accordance with Article 18 of the Law of the Russian Federation of 07.02.1992 N 2300-1, protection of the buyer's rights under a sales contract is carried out at the choice of the consumer himself and can be expressed in the following requirements.

The requirement to replace it with a product of the same brand (same model and (or) article): is appropriate in cases where the product has a wide range of items or different characteristics, but for one reason or another did not suit the buyer.

Replacement for the same product of another brand (model, article) with a corresponding recalculation of the purchase price: in such cases, the consumer independently decides which of the exchange conditions suits him at this stage, and which he is unable to implement.

The requirement for a commensurate reduction in the purchase price implies leaving the goods of inadequate quality with the consumer, who receives the difference between a quality product and a product that does not meet the stated terms of the sales contract.

If there is such a possibility, the consumer is also entitled to demand from the seller to immediately eliminate the defects of the goods or reimburse the costs incurred by the consumer to correct them independently or with the help of third parties.

The last condition that can be presented to the seller as part of the protection of the buyer's rights under the contract of sale is the refusal to perform the contract and the return of the amount paid for it. The defective item is returned to the seller.

All of the above requirements for the protection of the buyer's rights under a retail sale and purchase agreement relate exclusively to legal relations arising between citizens and organizations; at the same time, a citizen must purchase goods for his personal needs. According to paragraph 2 of Article 18 of the Consumer Rights Protection Law, the requirements specified in paragraph 1 of this Article are presented by the consumer to the seller or an authorized organization or an authorized individual entrepreneur. Consequently, a special law gives the consumer the right to choose a person who is obliged to satisfy one of the consumer's requirements specified in paragraph 1 of Article 18 of the Law.

Protection of the buyer's rights under a contract for the sale of an apartment or other real estate is carried out on the basis of the specified Law of the Russian Federation and the norms of the Civil Code of the Russian Federation according to the general rules for concluding and regulating contractual legal relations (purchase and sale transactions).

An example from the practice of protecting the rights of the buyer. A citizen entered into a sale and purchase agreement with LLC, according to which he purchased a VOLKSWAGEN PASSAT car for 850,000 rubles. The named car was registered with MOTOTRER at the 10th Directorate of the Ministry of Internal Affairs of Russia. Further, the buyer, in accordance with the Federal Law "On Compulsory Insurance of Civil Liability of Owners Vehicle"Insured his civil liability at RGS-Stolitsa LLC by paying an insurance premium. Two weeks later, the specified car was detained by traffic police officers. Subsequently, the consumer became aware that the car he had purchased was put on the wanted list and was pledged to the bank. Since the purchased the defendant's car was foreclosed by a court decision with subsequent sale at a public auction, the buyer had the right to demand from the seller compensation for losses in the form of the cost of the car and the value of the sum insured paid by him. compensation for damages and the recognition of the contract of sale as invalid due to misleading the buyer, were satisfied in full.

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

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

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

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

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

The first group includes:

1. The right to free elimination of defects.

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

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

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

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

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

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

The second group includes:

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

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

Let's take a closer look at consumer rights.

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

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

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

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

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

There are several points that determine the amount of money:

o at the time of purchase;

o at the time of filing the claim;

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

o at the time of the decision by the court.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Along with the common features inherent in the purchase and sale as a whole, the retail sale has a number of specific features:

1. subject composition of this agreement: always the seller - commercial organization or a citizen-entrepreneur engaged in entrepreneurial activities for the sale of goods at retail; most often, a buyer is one who enters into a relationship to meet their personal household needs (the Consumer Protection Law and other legal acts adopted in accordance with it apply).
2. publicity of this agreement (Article 426 of the Civil Code).
3. subject(the seller undertakes to transfer to the buyer the goods intended for personal, family, household or other non-business use).
4. pre-contractual obligations of the seller(according to Article 495 of the Civil Code, they consist in providing the buyer with the necessary and reliable information about the goods offered for sale).
5. price is an essential condition.

Being public, a retail sale contract can be concluded using a public one (Article 437 of the Civil Code). According to Art. 494 of the Civil Code, the offer by the seller in the retail sale of goods in its advertising, catalogs and descriptions of goods addressed to an indefinite circle of persons is recognized as a public offer if it contains all the essential terms of the retail sale contract. Moreover, the display of goods at the point of sale (on the shelves, in showcases, etc.), the demonstration of their samples or the provision of information about the goods sold (descriptions, catalogs, photographs of goods, etc.) is recognized as a public offer, regardless of whether whether the price and other essential terms of the retail sale contract are specified, unless the seller has expressly determined that the goods in question are not intended for sale.

The subject is a product intended for personal, family, household or other use not related to entrepreneurial activity. In other words, the purposes for which the goods are purchased must be exclusively personal (household). In this regard, a citizen who purchases goods for organizations and at their expense in order to use these goods in production, as well as orders work and services for organizations at their expense for the same purposes (for example, the purchase of a camera for work in a publishing house or editions, etc.). Consequently, as a general rule, the subject of retail sale and purchase are such goods that are purchased for interconnection in order to meet personal, family, household and other needs not related to entrepreneurial activity, as well as in relations arising in connection with the acquisition by a citizen-entrepreneur goods, performance of work for him or provision of services not for personal, family, household and other needs, but for business activities or in connection with the acquisition of goods, performance of work and provision of services in order to meet the needs of enterprises, institutions, organizations (see clause 1 of the Decree of the Plenum of the Supreme Court of the Russian Federation of September 29, 1994 No. 7 “On the practice of considering cases on consumer protection by courts”).

The form of this agreement varies depending on the circumstances under which it is concluded. In the event that the buyer accedes to the conditions of the forms or other standard forms proposed by the seller, it should be recognized that the contract is concluded in writing. In addition to this, it should be noted that such an agreement acquires the features of an adhesion agreement (in Article 493 of the Civil Code a direct reference is made to Article 428 of the Civil Code).

If the law or the retail sale contract does not establish special rules regarding the form, then the retail sale 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 (Article 493 of the Civil Code). Therefore, as a general rule, such an agreement is concluded orally. The most common way of retail trade - through the counter - is an oral form of this agreement, since this is a typical transaction in which the moment of its completion and the moment of execution coincide (Article 159 of the Civil Code). If the moment of conclusion and execution of the retail sale contract do not coincide, it should be considered that a cash or sales receipt or other document confirming payment for the goods and issued by the seller to the buyer is a written form of the contract (Article 161 of the Civil Code). But the buyer’s lack of these documents does not deprive him of the opportunity to rely on testimonies in support of the conclusion of the contract and its conditions when concluding this contract, both orally and in writing (paragraph 1, clause 5, article 18 of the Consumer Rights Protection Law) .

Pre-contractual obligations of the seller according to Art. 495 of the Civil Code consists in providing the buyer with information about the product. The seller is obliged to provide the buyer with the necessary and reliable information about the goods offered for sale, in accordance with the established by law, other legal acts and the requirements usually imposed in retail trade on the content and methods of providing such information. The buyer has the right to inspect the goods even before the conclusion of the retail sale contract, to demand that the properties be checked in his presence or a demonstration of the use of the goods, if this is not excluded due to the nature of the goods and does not contradict the rules adopted in retail trade. In cases where the buyer is a consumer, Art. 8-12 of the Consumer Protection Act.

In terms of content, i.e. essential conditions, the buyer in accordance with paragraph 1 of Art. 500 of the Civil Code is obliged to pay for the goods at the price declared by the seller at the time of the conclusion of the retail sale contract, unless otherwise provided by law, other legal acts or follows from the nature of the obligation. Therefore, along with the subject, the essential condition of the retail sale and purchase agreement is the price.

Protection of consumer citizens

Taking into account the noted features of the retail sale contract, the law establishes a number of additional protections for the rights of buyers.

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

In accordance with article 502 of the Civil Code of the Russian Federation p the buyer has the right, within 14 days from the date of transfer of the non-food product to him, if a longer period is not declared by the seller, to exchange the purchased product at the place of purchase and other places declared by the seller, for a similar product of a different size, shape, dimension, style, color or configuration, making the necessary recalculation with the seller in the event of a price difference.

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.

The buyer's demand for an exchange or return of the goods is subject to satisfaction if the goods were not in use, their consumer properties are preserved and there is evidence of their purchase from this seller.