Елена Самтынова
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Правительством РФ утверждены новые правила продажи товаров по договору розничной купли-продажи, которые вступили в силу с 1 января 2021 года и будут действовать до 1 января 2027 года (постановление Правительства РФ от 31 декабря 2020 г. № 2463). При этом ранее действующие правила стационарной розничной торговли, продажи товаров по образцам и дистанционным способом, комиссионной торговли утратили силу.
В новых правилах сохранились ключевые нормы о правах потребителей и обязанностях продавцов о предоставлении информации о товаре, выдаче кассового чека или товарного чека (направления его электронно), контрольного измерения или взвешивания товара и т. д.
Помимо этого, предусматриваются:
обязанность продавца направить на предъявленную претензию от потребителя ответ в отношении заявленных требований (п. 5 Правил); недопущение ограничения прав потребителей на торговых объектах на поиск и получение любой информации в любых формах из любых источников, в том числе путем фотографирования товара, если такие действия не нарушают требования законодательства РФ и международных договоров (п. 2 Правил); при покупке товаров в интернет-магазинах теперь продавец должен представить потребителю подтверждение с номером заказа о заключении договора розничной купли-продажи после получения сообщения потребителя о намерении заключить такой договор (п. 14 Правил).
Также допускается при доставке товара по адресу проживания потребителя передать товар любому лицу, предъявившему информацию о номере заказа или иное подтверждение заключения договора розничной купли-продажи (в том числе электронное), без предъявления доверенности, паспорта или иных документов. Исключения могут устанавливаться законом или договором, например, если доставляется дорогостоящий товар (п. 20 Правил).
Предусмотрены случаи определения расходов при возврате потребителем товара надлежащего качества. Так, договором могут быть установлены ситуации, когда потребитель освобожден от оплаты доставки товара продавцу. При этом возврат некачественного товара всегда производится за счет продавца.
Ряд новых норм посвящен правилам продажи товаров с использованием автоматов. Так, до сведения потребителя должна быть доведена информация о:
наименовании продавца, его основном государственном регистрационном номере, его месте нахождения и адресе, режиме работы, номере телефона и адресе электронной почты; правилах пользования автоматом; порядке возврата уплаченной суммы, если товар не предоставлен потребителю (п. 29 Правил).
Также предусматриваются отдельные нормы, регулирующие продажу товаров, принятых на комиссию, особенности продажи продовольственных товаров, технически сложных товаров бытового назначения, автомобилей, мототехники, прицепов и номерных агрегатов, ювелирных и других изделий из драгоценных металлов и (или) драгоценных камней, животных, растений, строительных материалов и изделий и иных видов товаров.
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Кроме того, утверждены Перечень товаров длительного пользования, на которые не распространяется требование потребителя о безвозмездном предоставлении ему товара, обладающего этими же основными потребительскими свойствами, на период ремонта или замены такого товара и Перечень непродовольственных товаров надлежащего качества, не подлежащих обмену.
Уточнены правила оборота гражданского и служебного оружия и патронов к нему, утв. постановлением Правительства РФ от 21 июля 1998 г. № 814. В частности, прописывается, какая информация должна содержаться на товаре с учетом особенностей конкретного вида оружия, какие документы подлежат передаче потребителю при продаже оружия и т. д.
В Правилах противопожарного режима в РФ, утв. постановлением Правительства РФ от 16 сентября 2020 г. № 1479, предусмотрено, что патроны к оружию должны храниться в шкафах из негорючих материалов, исключающих разлет патронов в случае пожара (возгорания) и установленных в помещениях, отгороженных противопожарными перегородками и перекрытиями. В зданиях магазинов торговли оружием и патронами разрешается хранить не более 50 кг дымного пороха либо 50 кг бездымного пороха.
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