Art. 497 Civil Code of the Russian Federation. Sale of goods on samples and a remote way of selling goods

Provisions of civil law regulate the sale of goods on samples and a remote method of selling goods. These types of transactions differ in the specifics of the provision of information on the proposed products. The key provisions regulating the emergence of these legal relations, contains art. 497 Civil Code of the Russian Federation. Let's consider it in detail.

General characteristics of transactions

The contract of retail sale is allowed to conclude on the basis of acquaintance of the consumer with examples of products exhibited at the place of their sale. This method exists for a long time and is successfully practiced in Russia. With the development of market relations, one more option arose for the commission of such transactions. It is currently legislated. So, current norms allow the conclusion of a contract of retail sale on the basis of acquaintance of the consumer with the description of products through booklets, catalogs, photographs, prospectuses, communication facilities or other methods that do not provide for the possibility of direct study of the sample of products when making a transaction.

Execution of conditions

About them it is told in item 3 of item. 497 Civil Code of the Russian Federation. Normally, in particular, it is stated that in the event that another is not established in regulatory enactments or agreement, the transaction concluded on the conditions set forth above is deemed to be performed from the moment of delivery of the product to the address specified in the issued documents. However, not always such information is present in the papers. In this case, the transaction will be considered executed at the time of delivery of the product to the address of the consumer (citizen or organization). In paragraph 4 of Art. 497 of the Civil Code of the Russian Federation fixed individual rights and obligations of the acquirer. If the other is not established in regulatory enactments, then before the transfer of the product, the consumer has the right to refuse to fulfill the terms of the transaction, having reimbursed the supplier for the necessary expenses incurred in connection with the implementation of actions under the agreement.

Art. 497 Civil Code of the Russian Federation with comments

A specific feature of transactions performed with the participation of the consumer is the need to provide him with information about the product. In accordance with the method of acquaintance with the product description, there are two types of contract. First of all, these are transactions made when selling products according to their examples. The second kind is selling by remote means. In the first case, the acquirer can personally familiarize himself with the product. He has the right to inspect the product, check its characteristics. The peculiarities of the remote method of selling goods are that the acquirer does not have the above opportunities. In this case, the consumer receives the information he needs, in writing, orally, electronically. Accordingly, the formation of the will of the acquirer is largely determined by the behavior of the entity implementing the implementation. At the same time, the amount of information provided to a person, as well as the degree of its accessibility and visibility, is of no small importance.

Complexity of legal relations

Given the specifics of transactions of the second type, it became necessary to establish fairly strict rules for the sale of goods by remote means. This is due to the requirement to ensure increased protection of interests and consumer rights. The sale of products without the possibility of direct familiarization with them is quite complex. The developed rules for the sale of goods by remote means regulate not only the actual transaction process itself, but also the delivery of products to the acquirer. In accordance with the current provisions, the entity selling the products must offer transportation of the order to the customer's address. This can be done by mail or transportation, indicating the type of vehicle and the delivery option. In this case, in accordance with Art. 16 of the Law regulating the protection of consumer rights, the person selling the product must not carry out additional compensatory measures without the consent of the purchaser. The buyer may refuse to pay for these services. If he has already transferred money for them, he has the right to demand a refund.

Normative regulation

The deals in question are regulated not only art. 497 of the Civil Code of the Russian Federation and other provisions of the Code. Normative regulation is carried out by the Law on the Protection of Consumer Rights, legal acts that determine the procedure for the parties to perform these legal relationships. When using these provisions in practice, it is necessary to take into account the existing specificity of the content of transactions. In particular, this refers to the use of appropriate terminology, in accordance with the Consumer Rights Protection Act.

The contradiction in the norms

In the Rules governing the sale of products by example and description, there are a number of controversial points. The contradiction is as follows. In accordance with Art. 497 of the Civil Code of the Russian Federation, the types of transactions are clearly delineated. This differentiation is confirmed by the Law on the Protection of Consumer Rights. In the earlier version of Art. 497 of the Civil Code of the Russian Federation, the types of transactions considered were not formally different. In this connection, in the current Procedure for the implementation of products with the direct participation of the acquirer, adopted in 1997, the old terminology has remained. In particular, the definition of sales of products according to the samples is subject to the implementation of a remote method. Meanwhile, in 2007, the procedure for making transactions without the direct participation of the consumer was adopted. In the second part of the Rules of distance sale, it is recognized as an implementation realized by acquaintance of the acquirer with the description of the product present in booklets, prospectuses, other printed materials, by providing information using public means of communication or by other methods that preclude the possibility of personal study of the qualities of the product. The arising contradiction should, according to experts, be resolved in accordance with the third paragraph of Art. 497 Civil Code and art. 26.1 of the Law regulating the protection of consumer rights. If the acquirer has the opportunity to familiarize himself with the example of the product offered by the implementor, then the procedure adopted in 1997 should apply. If there are no such conditions, then the Rules of distance trade from 2007 are used.

Specificity of the provision of information

In the first and second paragraphs of the norm in question, the specifics of making transactions in the sale of products remotely and according to the proposed examples are fixed. This specificity, as mentioned above, is due to the nature of the information provision process. It consists in the fact that the information about the product is received by the acquirer at the conclusion of an agreement within the framework of such procedure as "offer-acceptance". Information can be provided in different ways. When sold on samples, the goods are demonstrated in the presence of the consumer. In addition, an additional display may be accompanied by an oral description of the characteristic. When selling remotely, the information is received by the acquirer in writing or in a different form. However, he does not have the opportunity to make a direct acquaintance with the example.

Composition of information

The consumer should receive information about the main characteristics of the product, the address of the seller, the place of creation of the product, the full name of the enterprise implementing the sale. Information that is mandatory for delivery to the acquirer also includes data on the cost and terms of purchase, service life, delivery, lifetime, warranty period, payment procedure. The offer specifies the date to which it is valid.

Additional information

In addition to the above information, the seller informs the buyer about:

1. The need to attract qualified specialists for connection, commissioning, commissioning of a technically complex product that can not be launched by the acquirer independently according to their specifics. This provision is present in the third paragraph of the Rules for the sale of products remotely.
2. Volume that the product was already in use or from which the defect was fixed.
3. For the period, during which the offer to purchase the goods will be remotely.

Requirements for the offer

At the conclusion of contracts of retail purchase and sale, the terms of the offer are regulated primarily by general provisions of civil legislation. Taking into account the specifics of the provision of information about products, the requirements concerning the realization of the buyer's right to obtain information provided for in the regulatory act on the protection of consumer rights are additionally applied. The offer can be ordinary or public. If we talk about distance selling, the composition of information included in the proposal is defined in articles 8-11 of the Law on the Protection of Consumer Rights. It is detailed in art. 26.1, item 2.

Acceptance

This document is drawn up in accordance with the general provisions of civil law. In addition, due to the specifics of transactions, the above mentioned Rules apply to it. In accordance with the procedure for the sale of products under the description, the acquirer accepting the offer shall transfer the message to the subject implementing the sale. This notice shall state:

1. Full name and address of the seller, the customer's name, the place where the product is to be delivered.
2. The name of the product, brand, article, number of units, variety, cost.
3. Type of service (when it is provided), time and price of performance.
4. Obligations of the acquirer.

With the indicated message, the Rules for the sale of products remotely connect an important legal consequence. It consists in the fact that the obligations of the entity carrying out the sale, upon the fulfillment of the terms of the transaction, come at the time of receipt of the acceptance.