Trading rules. National legal Internet portal of the Republic of Belarus. VIII. Features of the sale of medicines and medical devices

Trading Rules

Compiled by M. Yu. Rogozhin

© Peter Publishing House LLC, 2017

Sales rules individual species goods

I. General provisions

1. These Rules have been developed in accordance with the Law Russian Federation“On the Protection of Consumer Rights” and regulate relations between buyers and sellers in the sale of certain types of food and non-food products.

2. Under buyer is understood as a citizen who intends to order or purchase, or who orders, purchases or uses goods exclusively for personal, family, household and other needs not related to the implementation of entrepreneurial activity.

Under seller is understood as an organization regardless of its legal form, as well as individual entrepreneur who sell goods under a retail purchase and sale 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 individual entrepreneurs, are established by them independently.

In the event of a temporary suspension of its activities (for scheduled sanitary days, repairs and other cases), the seller is obliged to promptly provide the buyer with information about the date and timing of the suspension of activities.

4. The range of goods offered for sale, the list of services provided, as well as forms of service are determined by the seller independently in accordance with the profile and specialization of its activities.

When implementing retail at the buyer’s location outside of stationary places of trade: at home, at the place of work and study, in transport, on the street and in other places (hereinafter referred to as peddling trade), the sale of food products (with the exception of ice cream, soft drinks, confectionery and bakery shops) is not allowed products in the packaging of the manufacturer of the goods), medicines, medical products, jewelry and other products from precious metals and (or) precious stones, weapons and ammunition for them, copies of audiovisual works and phonograms, programs for electronic computers and databases.

5. The seller, when carrying out his activities, is obliged to comply with mandatory requirements to the organization and implementation trading activities, established by regulatory legal acts of the Russian Federation.

6. The seller must have the necessary premises, equipment and inventory that 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, proper trading conditions, as well as the possibility the right choice buyers of goods.

7. The seller is obliged to have and maintain measuring instruments in good condition, and to carry out their metrological verification in a timely manner and in the prescribed manner.

To ensure that the buyer has the correct price, measure and weight of the purchased product in trading floor Appropriate measuring equipment must be installed in an accessible location.

8. The seller is obliged to have a book of reviews and suggestions, which is provided to the buyer upon 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 operating hours by posting the specified information on the organization's sign.

The seller, an individual entrepreneur, must provide the buyer with information about state registration and the name of the body that registered him.

If the activity carried out by the seller is subject to licensing, then he is obliged to provide information about the number and validity period of the license, as well as about the authority that issued it.

This information is placed in places convenient for the buyer to review.

Similar information should also be brought to the attention of buyers when trading in temporary premises, at fairs, from trays and in other cases if trading is carried out outside the seller’s permanent location.

When carrying out peddling trade, the seller's representative must have a personal card certified by the signature of the person responsible for its registration and the seal of the seller (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, in a clear and accessible form, bring to the attention of the buyer the necessary and reliable information about the goods and their manufacturers, ensuring the possibility of the correct choice of goods.

The information must necessarily contain:

Name of product;

Location (address), corporate 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 goods, for imported goods– name of the country of origin of the goods;

Information on mandatory confirmation of 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 product;

Information on the energy efficiency of goods for which the requirement for such information is determined in accordance with the legislation of the Russian Federation on energy saving and on increasing energy efficiency;

Rules and conditions for the effective and safe use of the product;

Warranty period, if it is established for a specific product;

Service life (expiration date), if it is established for a specific product, as well as information about the necessary actions of the buyer after expiration specified period And possible consequences if such actions are not performed, if the goods, after 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 purchasing goods, including when providing a loan - the size of the loan, the full amount to be paid by the consumer, and the repayment schedule for this amount. If the product purchased by the buyer has been used or the defect(s) have been corrected, the buyer must be provided with information about this.

The seller must warn the buyer about any defects in the product not only orally, but also in writing (on the product label, sales receipt or other means).

12. The seller is obliged, at the request of the consumer, to familiarize him with the accompanying documentation for the product, containing for each name of the product information on 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 body 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 his location (address) and telephone number.

13. The sale of goods made from objects of the animal world (fur and leather clothing, haberdashery, decorative items, footwear, food products) belonging to species listed in the Red Book of the Russian Federation is carried out in the presence of 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 federal body executive power in the field of environmental protection. Sale of goods imported into the Russian Federation made from objects of the animal world falling under the Convention on international trade 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 a violation of this Convention - on the basis of a permit from the authorized body.

When selling such goods, the seller is obliged to provide the buyer, at his request, with information about documents confirming the availability of the appropriate permit.

Trade is the most important sector 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 situation in the country, the trade law requires regular updates.

Federal Law “On the Fundamentals government regulation trading activities in the Russian Federation" N 381-FZ 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 that year.

A valid normative act consists of 5 chapters and 22 articles. Like other Federal laws of the Russian Federation, FZ-381 regularly undergoes a series of necessary amendments. The latest amendments to the valid document have been introduced July 3, 2016. The changes introduced in this way to the Federal Law on Trade, with January 1, 2017 years came 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 federal regulation of trade activities on the territory of the Russian Federation.

This Federal Trade Law has the following objectives:

  • Ensuring a 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;
  • Guarantee of compliance with the legal rights of participants in trading activities;
  • Separation of powers of state and regional authorities in relation to trade.

The standards established by the actual trade law do not apply to relationships formed as a result of:

  • Foreign trade;
  • Organization of tenders;
  • Sales of products in retail markets;
  • Acquisition and sale of shares, real estate, thermal and electrical energy.

In addition, we suggest studying the norms of Federal Law 208 on joint stock companies. Latest edition

Basic Concepts

The list of basic terminology used in this Federal Trade Law includes the following concepts:

  • Trading activities (trade)- type of activity involving the purchase and sale of goods;
  • Wholesale- buying or selling goods in large quantities;
  • Retail- sale or purchase of goods in single copies or in small quantities for personal purposes;
  • Shopping facility- a place intended for the demonstration and sale of products sold;
  • Stationary shopping facility - maintenance located in the building;
  • Non-stationary retail facility- mobile or mobile maintenance;
  • Commercial network- a complex of two or more technical equipment belonging to a specific entity or entities, in accordance with the provisions of the Federal Law “On the Protection of Competition”;
  • Foodstuffs- edible products, alcohol and drinks;
  • Product promotion services- services in the field of advertising for the purpose of promoting a particular product in market conditions.

A complete list of terminology used in Federal Law 381 is provided in Art. 2 of this Federal Law.

In order to detailed study provisions of the law in question, it is necessary to familiarize yourself with its text. Current text of the Federal Law “On the fundamentals of state regulation of trade activities in the Russian Federation” N 381-FZ the latest version can be downloaded

Amendments to the trade law

The last significant amendments to the Federal Trade Law 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 Trade Activities in the Russian Federation” and the Code of the Russian Federation on Administrative Offenses” N 273-FZ.

According to the actual amendments, the text paragraph 4 of article 9 states that a business entity may be awarded 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.

Amendments made to article 13 of a valid Federal Law, the prohibitions imposed in relation to the host entity are clarified. Business enterprise supplying foodstuffs, not authorized:

  • Violate the provisions of the current regulatory act “On the Protection of Competition”;
  • Unlawfully increase or decrease prices;
  • Prohibit the counterparty from cooperating with other suppliers;
  • Block other suppliers from entering the market.

Deferment of payment under the trade law

According to the amendments made to part 7 of the article under consideration, its text stipulates that the deadline for payment for food products is determined as follows:

  • Products with a short shelf life (up to 10 days) paid no later than 8 working days from the date of delivery;
  • Food with an average shelf life (from 10 to 30 days) paid within 25 calendar days;
  • Products whose 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 installment payments for goods already delivered are reduced by 5-10 calendar days.

The main criterion for installment payment is the permissible storage period of the supplied products. Thus, the relationship between the supplier and the recipient becomes more transparent, which makes the trading process itself better.

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 vehicle traffic and pose a danger to the health and lives of customers.

The seller must have a certificate of conformity or a declaration that allows him to engage in trading activities. In most cases, all required documentation provided to the seller 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 called to account in accordance with the provisions of valid law.

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Trading Rules

Compiled by M. Yu. Rogozhin

© Peter 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 have been developed in accordance with the Law of the Russian Federation “On the Protection of Consumer Rights” and regulate the relationship between buyers and sellers when selling certain types of food and non-food products.

2. Under buyer is understood as a citizen who intends to order or purchase, or who orders, purchases or uses goods exclusively for personal, family, household and other needs not related to business activities.

Under seller refers to an organization, regardless of its legal form, as well as an individual entrepreneur who sells goods under a retail purchase and sale 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 individual entrepreneurs, are established by them independently.

In the event of a temporary suspension of its activities (for scheduled sanitary days, repairs and other cases), the seller is obliged to promptly provide the buyer with information about the date and timing of the suspension of activities.

4. The range of goods offered for sale, the list of services provided, as well as forms of service are determined by the seller independently in accordance with the profile and specialization of its activities.

When carrying out retail trade at the buyer’s location outside of stationary places of trade: at home, at the place of work and school, in transport, on the street and in other places (hereinafter referred to as peddling trade), the sale of food products (with the exception of ice cream, soft drinks) is not allowed , 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 ammunition for them, copies of audiovisual works and phonograms, programs for electronic computers and databases data.

5. When carrying out its activities, the seller is obliged to comply with the mandatory requirements for the organization and implementation of trading activities established by regulatory legal acts of the Russian Federation.

6. The seller must have the necessary premises, equipment and inventory that 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, proper trading conditions, as well as the ability for buyers to correctly select goods.

7. The seller is obliged to have and maintain measuring instruments in good condition, and to carry out their metrological verification in a timely manner and in the prescribed manner.

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 in an accessible place on the sales floor.

8. The seller is obliged to have a book of reviews and suggestions, which is provided to the buyer upon 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 operating hours, placing the specified information on the organization’s sign.

The seller, an individual entrepreneur, must provide the buyer with information about state registration and the name of the body that registered him.

If the activity carried out by the seller is subject to licensing, then he is obliged to provide information about the number and validity period of the license, as well as about the authority that issued it.

This information is placed in places convenient for the buyer to review.

Similar information should also be brought to the attention of buyers when trading in temporary premises, at fairs, from trays and in other cases if trading is carried out outside the seller’s permanent location.

When carrying out peddling trade, the seller's representative must have a personal card certified by the signature of the person responsible for its registration and the seal of the seller (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, in a clear and accessible form, bring to the attention of the buyer the necessary and reliable information about the goods and their manufacturers, ensuring the possibility of the correct choice of goods.

The information must necessarily contain:

Name of product;

Location (address), corporate name (name) of the manufacturer (seller), location (address) of the organization (organizations) authorized by the manufacturer (seller) to accept claims from buyers and performing repairs and maintenance of the goods, for imported goods - name of the country origin of the goods;

Information on mandatory confirmation of 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 product;

Information on the energy efficiency of goods for which the requirement for such information is determined in accordance with the legislation of the Russian Federation on energy saving and on increasing energy efficiency;

Rules and conditions for the effective and safe use of the product;

Warranty period, if it is established for a specific product;

Service life (expiration date), if it is established for a specific product, as well as information about the necessary actions of the buyer after the specified period and the possible consequences of failure to perform such actions, 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 intended use;

The price in rubles and the conditions for purchasing goods, including when providing a loan - the size of the loan, the full amount to be paid by the consumer, and the repayment schedule for this amount. If the product purchased by the buyer has been used or the defect(s) have been corrected, the buyer must be provided with information about this.

The seller must warn the buyer about any defects in the product not only orally, but also in writing (on the product label, sales receipt or other means).

12. The seller is obliged, at the request of the consumer, to familiarize him with the accompanying documentation for the product, containing for each name of the product information on 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 body 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 his location (address) and telephone number.

13. The sale of goods made from objects of the animal world (fur and leather clothing, haberdashery, decorative items, footwear, food products) belonging to species listed in the Red Book of the Russian Federation is carried out in the presence of appropriate documentation for the goods confirming that these objects of fauna 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, subject to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, is carried out on the basis of permission from the competent authority of the exporting country, and goods confiscated as a result of violation of this Convention, – on the basis of permission from the authorized body.

When selling such goods, the seller is obliged to provide the buyer, at his request, with information about documents confirming the availability of the appropriate permit.

14. The seller must also provide other information about the goods provided for by federal laws and 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 in the ways established by federal laws and other regulatory legal acts of the Russian Federation, and if they are not specified by these acts, then in the ways adopted for certain types of goods.

The volume of mandatory information about the product, its manufacturer, transmitted to the buyer along with the product (on the product, consumer packaging, packaging, tag, label, etc.) technical documentation), must comply with the requirements of federal laws and 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, their prices and conditions for the provision of services, as well as about the forms of service used when selling goods (pre-orders, sales of goods at home and other forms).

17. When selling goods, the buyer is given the opportunity to familiarize himself with the necessary goods independently or with the help of the seller.

The buyer has the right to inspect the offered product, demand that its properties be tested in his presence or a demonstration of its operation, unless this is excluded due to the nature of the product and does not contradict the rules adopted in retail trade.

The seller is obliged to carry out quality and safety checks (inspection, testing, analysis, examination) of the goods offered for sale in the case where 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, with the exception of 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 written price tags for the goods sold, indicating the name of the goods, grade (if available), price per weight or unit of goods. It is allowed to issue price tags on paper or other information media visually accessible to buyers, including with electronic display of information, using slate boards, stands, and light displays.

When selling goods through peddling trade, the seller's representative is required to have a price list certified by the signature of the person responsible for its preparation, indicating the name and price of the goods, as well as the services provided with the consent of the buyer.

20. The contract is considered concluded in proper form from the moment the seller issues to the buyer a cash receipt or sales receipt or other document confirming payment for the goods, unless otherwise provided federal law or an agreement between the seller and the buyer.

In case of retail trade, together with the goods (with the exception of 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, quantity and price of the goods, and also the signature of the seller’s representative. .

21. Settlements with customers for goods are carried out using cash registers, except for cases provided for by the legislation of the Russian Federation.

22. Services offered by the seller in connection with the sale of goods can only be provided with the consent of the buyer.

The buyer has the right to refuse the services offered during the sale of goods, and also to demand from the seller the return of amounts paid for services provided without his consent.

The seller does not have the right to condition the sale of some goods on the mandatory purchase of other goods or the mandatory 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 appropriate specialists.

In the case of delivery of large-sized goods by the buyer, the seller is obliged to ensure loading of the goods free of charge. vehicle buyer.

23. The seller is obliged to transfer the goods to the buyer 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 specific set (set of goods) and completeness, with documents and accessories related to the product.

Requirements for the quality, container and (or) packaging of the transferred goods, their completeness, accessories and documentation, set of goods, as well as the conditions for delivery of goods are established by the legislation of the Russian Federation.

24. The seller is obliged to transfer the goods for which an expiration date has been established 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 other necessary actions to accept the goods within the period specified in 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 moment of transfer of a non-food product of proper quality to him, unless a longer period is announced by the seller, to exchange the purchased product for a similar product of a different size, shape, dimension, style, at the place of purchase and other places announced by the seller, colors or configuration, making the necessary recalculation with the seller in case of a difference in price.

If the seller does not have the goods necessary for 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 when the corresponding goods first go on sale. The seller is obliged to inform the buyer who has demanded the exchange of a non-food product about its availability for sale.

The buyer's request for an exchange or return of goods is subject to satisfaction if the goods have not been used, their presentation, consumer properties, seals, labels are preserved, and there is evidence of the purchase of the goods from this seller, with the exception of goods that are not subject to exchange or return according to the specified in this paragraph on the grounds in accordance with the list approved by the Government of the Russian Federation.

27. A buyer to whom a product of inadequate quality is sold, if its defects were not specified by the seller, has the right, at his own discretion, to demand from the seller:

Replacement with a product of a similar brand (model, article);

Replacement with the same product of a different brand (model, article) with a corresponding recalculation of the purchase price;

A proportionate reduction in the purchase price;

Immediate free 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 also has the right to demand 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 replacement of a technically complex or expensive product in the event of a significant violation of the requirements for its quality (detection of fatal defects, defects that cannot be eliminated without disproportionate costs or time, or are identified repeatedly, or appear again after their elimination, and other similar disadvantages).

In relation to technically complex goods, the buyer’s specified requirement must be satisfied in accordance with the list of such goods approved by the Government of the Russian Federation.

If defects are discovered in a product whose properties 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 a product with a product of adequate 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 a refund 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 does not have the right to withhold from it the amount by which the value of the goods has decreased due to its full or partial use, loss of marketability or other similar circumstances.

If the buyer makes a demand that the seller eliminate defects in a durable product or replace such a product, the buyer has the right to simultaneously demand that, for the period of repair or replacement of a product of inadequate quality, a similar product of adequate quality is provided, with the exception of goods on the list approved by the Government of the Russian Federation for which this requirement does not apply.

28. The seller or an organization performing the functions of the seller on the basis of an agreement with him is obliged to accept goods of inadequate quality from the buyer, and, if necessary, check the quality of the goods. The buyer has the right to participate in checking the quality 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 is obliged to conduct an examination of the goods at his own expense. The buyer has the right to challenge the conclusion of such an examination in court.

The buyer's absence of a cash or sales receipt or other document certifying the fact and conditions of purchase of the goods is not a basis for refusal to satisfy his demands and does not deprive him of the opportunity to refer to witness testimony in confirmation of the conclusion of the contract and its terms.

29. The deadlines for the seller to satisfy the buyer’s requirements, as well as liability for violation of these deadlines, are determined in accordance with the Law of the Russian Federation “On the Protection of Consumer Rights.”

30. The buyer has the right to present the requirements specified in paragraph 27 of these Rules in relation to defects in the goods if they are discovered during the warranty period or expiration date.

The warranty period of the product, as well as its service life, is calculated from the date of sale of the product to the buyer. If the day of sale of the goods cannot be determined, this period is calculated from the date of manufacture of the goods.

The shelf life of a product is determined by the period calculated from the date of manufacture of the product, during which it is suitable for use, or the date before which the product is suitable for use.

If the buyer is deprived of the opportunity to use the product due to circumstances depending on the seller (the product requires 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, or assembly of the goods cannot be determined, the warranty period is calculated from the date of conclusion of the purchase and sale agreement.

For seasonal goods(clothing, fur goods, shoes and other goods) the warranty period is calculated from the onset of the relevant 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 the 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 its transfer to the buyer or for reasons that arose before that moment.

31. If a warranty period or expiration date is not established for the goods, claims related to defects in 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.

The legislation of our country is constantly undergoing changes, and they do not bypass the rules of trade. For more information about what regulations must be followed when carrying out business activities in the retail trade sector in 2017, read our material.

An important document for all companies and entrepreneurs engaged in retail trade is Decree of the Government of the Russian Federation of January 19, 1998 No. 55. This document was approved in accordance with the Law of the country “On the Protection of Consumer Rights”, which means that the requirements of the Resolution must be strictly fulfilled. Changes are periodically made to this document, which means entrepreneurs need to always be aware of the amendments and know the new editions of the text of the Resolution.

Trade rules are designed to regulate the relationship between sellers and buyers. For each type of food and non-food product, sales requirements will be different. But there are also general basic provisions that regulate the activities of all retail enterprises in our country. As you know, control over the work of retail stores is carried out by various structures - the Rosportebnadzor Office, the State Fire Supervision, the tax department and others. If violations of one or another retail trade rule are detected entity may be subject to administrative liability, and in the worst case, even criminal liability. For example, for non-compliance sanitary rules and hygiene standards, the entrepreneur faces a fine of 500 rubles, and the company – from 10 thousand rubles; If a store violates sanitary and hygienic requirements for food products, a businessman can be fined up to 3 thousand rubles, and a company can be fined up to 30 thousand.

Every entrepreneur operating in the retail trade industry must familiarize himself with GOST R 51304-2009. The document establishes the types of trade services, General requirements to the quality of services, safety requirements for services provided in the field of trade.

In general, when carrying out retail trade of goods, the following must be fulfilled:

    Sanitary rules. Their observance is prerequisite entrepreneurial activity in the field of trade. They regulate the location of trade enterprises, their layout, technical device(sewage, ventilation, heating, lighting), working conditions for sellers, storage of goods, sale of food products and many other aspects. It is especially necessary to note stores that trade in food raw materials and food products - they are subject to special, more “strict” requirements in accordance with the sanitary and epidemiological rules SP 2.3.6.1066-01. They are approved by the Federal Center for State Sanitary and Epidemiological Surveillance of the Russian Ministry of Health.

    Fire safety rules. When trading in retail stores, sellers are required to know and comply with the Instructions on fire safety measures. These include requirements for the maintenance of the adjacent territory and commercial premises, for primary fire extinguishing means at the enterprise, operating rules electrical equipment, as well as the duties and actions of workers in case of fire and other standards.

There are additional requirements for retail businesses. For example, all equipment and machinery in a store must have certificates of conformity, and the company itself must have convenient access for cars and pedestrian paths. Attention also needs to be paid to people with limited mobility and people with disabilities - they should be able to easily get into your store. To do this, it is necessary to equip ramps or convenient stairs.

It should be remembered that the main task for enterprises when carrying out retail sales, this is to ensure the safety of life and preserve the health of consumers. Therefore, an individual entrepreneur or organization, regardless of the organizational and legal form, when carrying out the retail sale of goods, is obliged to strictly comply with the requirements established in the regulatory legal acts documents, state standards and rules of the Russian Federation.

The rules for the sale of certain types of goods, approved by the Decree of the Government of the Russian Federation, quite clearly regulate the organization of work in retail store. And the first important aspect in this regard is the information that retailers must necessarily “provide” to their customers. For ease of reference, all basic documentation can be placed in a special “Buyer’s Corner” or on an information stand, since the data should be freely available to every visitor to your store.

    Each buyer should have access to the Rules for the sale of certain types of goods, approved by Decree of the Government of the Russian Federation of January 19, 1998 No. 55.

    A book of reviews and suggestions must also be available in your retail store and be provided to the buyer upon request.

    The basic rules of retail trade oblige entrepreneurs to communicate to consumers the company name of the organization, legal form, as well as address, operating hours - all this information must be presented on the store sign. In the buyer's corner there should be documentation confirming state registration store.

    If the activities of your enterprise must be licensed, then the license, as well as information about the authority that issued it, must also be brought to the attention of buyers of goods.

    In an accessible place, it is also necessary to post the telephone numbers of the authorities that control the activities of the retail enterprise, and information about the procedure for returning goods.

Also, information such as the surname and initials of sellers (store employees must have badges), as well as indications of the location of departments in the store should be available to buyers of goods. This is necessary for the convenience of visitors and will help “speed up” the process of selling various goods.

According to the basic rules of sale, all goods in the store must be provided with price tags - they must be uniformly designed, and the cost of the goods on the price tag must be clearly visible. It must also indicate the exact name of the product, weight, seal of the organization carrying out the sales, and the date when the price tag was issued.

As is known, enterprises engaged in retail sales must provide the necessary conditions for their customers so that they can choose the right product. That is why the sales rules provide for a number of requirements for providing information about goods.

Consumers must be provided with reliable information about the product: its correct and full name, information about the manufacturer, documents confirming the product’s compliance with quality standards, data on the consumer properties of the product, rules for its use, warranty period and expiration date. Also required information is the price of the product. The consumer must be provided with information about the defects of the goods if they have been used or have been repaired.