6 cases where the seller is violating the law, and it is beneficial to the buyer
His Work / / December 26, 2019
1. The buyer needs to sell at the value indicated on the price list
Situation: you have made a discount on merchandise, the validity of the adjustment is ended, and the price tag on the trading floor no updated. Or maybe you just decided to raise the price, but it is visible only on hand, rather than buyers. In any case, the client has the right to pay as much as indicated on the price list.
The seller must RF Law of 07.02.1992 "On Protection of Consumers' Rights, art. 10 provide the buyer with accurate information about the product - including the price in rubles. If an item is sold on credit, the buyer has the right to pre-acquainted with its repayment schedule and see how much in the end, he will have to pay. Lack of such information canCode of Administrative Offenses, Art. 14.8 give rise to a fine - up to 10 thousand rubles for legal entities.
Price tags in a store must RF Government Decree of 19.01.1998 "On approval of the Rules of the sale of certain products, a list of durable goods, which not covered by the buyer on the gratuitous grant him the period of repair or replacement of the like product, and the list of non-food products of good quality that can not be returned or exchanged for similar goods of other size, shape, dimension, style, color or configuration " be consistent and well decorated. This may be the usual paper labels, light boards or blackboards, but in any case they should provide information on the product name and price per unit of weight or product.
2. The client is trying to return high-quality and completely defective merchandise
Just because lose one's attraction sweater bought a couple of days ago. Law is not forbidden: the goods of good quality, you can RF Law of 07.02.1992 "On Protection of Consumers' Rights, art. 25 return to the seller, if he did not fit the shape, dimensions, style, color or configuration. Take back a thing is necessary within 14 days after purchase, the very day of the purchase does not count.
You can offer the customer exchange for a similar product that is suitable to him in color or size, but if this is not available, it is necessary to return the money. Exchange possible products that were not in use, while in the purchase should be saved presentation and factory labels.
Free return does not apply to all purchases. For example, if a client wants to pass back to the shop underwear, gold earrings, perfume or bedroom suite, with a clear conscience can refuse himThe list of non-food products of good quality that can not be returned or exchanged for similar goods of other size, shape, dimension, style, color or configuration - the exchange of such purchases are non-refundable.
3. The buyer wants to return the goods without a receipt
It would seem that the customer is not just a check, so it can not prove that the item bought from you. And so you can safely refuse to exchange or refund. Not really. In this case, the law permitsRF Law of 07.02.1992 "On Protection of Consumers' Rights, art. 25 buyers refer to the testimony of witnesses. For example, if he came into the store more than one, his companion can confirm that, yes, buying really was.
In addition, data on all store sales are stored in the on-line box office and fiscal drive. To make sure that the goods purchased from you in the office need to find a check to process your return. Cashier modern sample is allow. The check can be found on the product name or date of purchase. Ask when a person bought a thing or what else he had to check.
4. Client requests not only issue a paper check, but also send a copy by e-mail
By law, the buyer has The Federal Law of 22.05.2003 "On the application of cash registers in the implementation of settlements in the Russian Federation", Art. 1.2 every right to do. And he has the right to demand and an electronic and a paper check, if before the date of calculation will provide your email address. If you have already upgraded to the online cashier, problems with electronic checks should arise.
If your store is still conducts calculations on outdated equipment, to meet this requirement will be simply impossible. It is now online banks can The Federal Law of 06.06.2019 "On Amendments to the Federal Law" On the application of cash registers in the implementation of settlements in the Russian Federation "," Art. 2 to operate only individual entrepreneurs that provide services and sell goods of own production, but it does not have employees on a labor contract. These entrepreneurs have extended the deferral until 2021.
The rest of the work without cash registers will have to pay. The penalty is tied to the amount held by cash: with officials may take up to half of this amount, and on the legal - from 75% to 100%.
The cashier can not buy, to rent. MTS together with the cashier you get tovarouchotnuyu system drive and fiscal year contract with the operator fiscal data, services for setting up and connecting the equipment, as well as room service support. If the cash register fails, replace it quickly, so that the business will run without interruption.
Find a suitable cashier
5. Buyer accidentally spoiled goods on the trading floor and refuses to pay
While the purchase is not made, the owner of the goods is considered to be a shop. Hence, the risk of accidental damage to the goods will have to carryCivil Code, Art. 211 store.
If you suspect that the customer has arranged uproar and broke several bottles of expensive wine, you need to prove that he did it deliberately. If the buyer accidentally hit the store shelves and shoved to the floor a couple of cans or bottles, it is not obliged to pay for damaged goods. Keyword - "accidentally": a person one could not claim damages if his guilt in causing the damage.
However, the buyer will have to prove that he had no malicious intent and to blame the store, violating technical standards. For example, the width of the aisles between the shelves was lower laidSNIP 31/06/2009. Public buildings and facilities 1.4 meters, so the person is not able to maneuver there.
6. You are suspected of trafficking counterfeit
This can happen if your product is not required for labeling law. Now it is obligatory for alcohol The Federal Law of 22.11.1995 "On state regulation of production and turnover of ethyl alcohol, alcohol and alcohol production and consumption of restriction (drinking) alcohol products " Article 12tobaccoDecree of the Russian Government dated 28 April 2018 "On approval of the list of individual products to be labeled by means of identification", Footwear and furThe list of goods subject to marking with control (identification) signs .
The introduction of labeling is beneficial both to the state and customers, and business itself. The authorities thus can reduce the amount of "gray" market and to follow that businesses pay taxes. And consumers will be able to check right in the store, in front of them fake or genuine products. For the trade fair business, new rules mean that the work will be easier: the market will become less counterfeit, and all businesses are now on an equal footing.
There is an option easier. Online ticket office MTS can detect marking codes and transfer them to a fiscal receipt - some models even have built-in scanner. The risk that your business will be outlawed, reduced to zero: the equipment is updated under the legal requirements automatically and free of charge.
Select online cash