The contract of retail sale
In accordance with paragraph 1 of Art. 492 CC under the contract of retail purchase and sale of a seller engaged in entrepreneurial activities for the sale of goods at retail, undertakes to transfer the buyer goods intended for personal, family, home or other use not associated with business.
Like any sales contract, the contract of retail sale is consensual , payable and two-sided. At the same time, a number of specific features are inherent in retail sale.
Its characteristics are primarily the subjective composition of this treaty. As a seller is always a commercial organization or a citizen-entrepreneur, engaged in entrepreneurial activities for the sale of goods at retail. The buyer can be any subject of civil law.
To relations under the contract of retail purchase and sale with the participation of the buyer-citizen entering into contractual relations with the aim of meeting personal domestic needs, not regulated by § 2 chap. 30 GK, apply the US Law of 07.02.1992 No. 2300-1 "On the Protection of Consumer Rights"; (hereinafter - the Law on the Protection of Consumer Rights) and other legal acts adopted in accordance with it.
The contract of retail sale is an public contract , in connection with which the seller has no right to refuse his conclusion if he has a product of interest to the buyer.
The contract of retail sale can be concluded using the public offer (containing all the essential terms of the contract offer, from which the will of the person making it is concluded, conditions with everyone who responds.)
Specific feature of the contract of retail sale is its object. According to Art. 492 ГК the seller undertakes to transfer to the buyer the goods intended for personal, family, home or other use not connected with enterprise activity.
Features and form of this contract. As a general rule, the contract of retail sale is considered to be concluded in the proper form from the moment the seller sends the cash or check to the buyer or other document confirming payment for the goods. The buyer's lack of such documents does not deprive him of the opportunity to refer to testimony in support of the conclusion of the contract and its terms (Article 493 GK).
On the seller before the conclusion of the contract of retail sale is the obligation to provide the buyer with information about the product (including the ability to inspect the goods, use of the goods) (item 495 ГК).
The peculiarity of the contract of retail purchase and sale is that it is an essential condition, without the agreement of which this contract can not be considered a prisoner, is price.
In the event of the sale of goods of inadequate quality, the buyer has a number of opportunities, established art. 503 CC and Art. 18 of the Consumer Rights Protection Act. He has the right to demand at his choice:
• replacement of poor quality goods with good quality goods;
• a commensurate reduction in the purchase price;
• Immediate free-of-charge elimination of defects of the goods;
• reimbursement of expenses for elimination of shortcomings of the goods.
The listed requirements of the buyer are subject to satisfaction only in the event that the seller at the conclusion of the contract did not stipulate that he sells the goods with shortcomings.
With respect to a technically complex product, the buyer has the right to request replacement or to refuse to execute the contract of retail sale and demand the return of the sum paid for the goods in the event of a material violation of the requirements for its quality (paragraph 2 of Article 475 of the Civil Code). In addition, if in such a contract a consumer citizen participates as a buyer, he is entitled also in accordance with cl. 18 of the Law on the Protection of Consumer Rights to demand full compensation for damages caused to him by the sale of goods of inadequate quality.
The requirements specified in Clause 1, Article. 18 of this Law, are presented by the consumer to the seller or an authorized organization or an authorized individual entrepreneur. However, in accordance with clause 3 of the same article, requirements for the free elimination of deficiencies or reimbursement of consumer expenses for their elimination or replacement of goods can be brought directly to the manufacturer (authorized organization or authorized individual entrepreneur, importer). In addition, the consumer is given the right to return to the manufacturer or importer the goods of inadequate quality and demand from him the amount paid for the goods.
If the consumer sells goods of inadequate quality, for which the warranty period or expiry date is established, according to cl. 19 of the Consumer Protection Law, he can present his claims to the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer) with respect to the defects of the goods if they are found within the specified time limits.
If a dispute arises as to the reasons for the occurrence of such deficiencies, the seller (manufacturer) must conduct an examination at his own expense. If the consumer disagrees with its results, the latter has the right to challenge the expert opinion in court (clause 5 of Article 18 of this Law).
In the event of the discovery of material defects in the goods allowed through the fault of the manufacturer, the consumer has the right to present to the manufacturer a demand for the unpaid elimination of defects in the installed by the manufacturer. This requirement can be brought if the defects of the goods are discovered after two years from the date of transfer of the goods to the consumer, within the established period of service of the goods or within ten years from the date of transfer of the goods, if the service life of the goods is not established (clause 6, clause 19 of this Law).
The main duties of the buyer under the contract of retail sale are the acceptance of the goods and the payment of the purchase price.
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