Currently, the Russian segment of the Internet there are hundreds, thousands of shops selling absolutely everything: food, machinery, electronic goods, etc. In addition, these products are available for purchase, not only to persons in the Russian Federation, but also worldwide. Diverse and forms of payment: from "electronic money" with the payment and receipt of goods on-line "and pay" Cash "and courier to the transfer of funds (bank, mail, etc.).

Internet-shop accepts clients around the clock. In general order of the goods can be described as follows: the client chooses the product is registered on the site (indicating the delivery point, contact person), invoice, and further expects commodity.

Consider the data relationship from the perspective of the current legislation. Let us point out caveats on those issues that need to know the existing online retailers, and agents wishing to open a trading platform in the network.

First, start with beginners - people willing to open online store.

First, no additional registration pass is not necessary. We draw attention to the key phrase "additional registration. This implies that you (your company) are registered properly as a legal entity or entrepreneur. If not, then your business activities in the network is not a law, is condemned not only the public network, but the current administrative and criminal law (as we describe separately).

So, you create an online store. It is understood that you have a Web site, the appropriate software to operate the site 24 hours a day, etc. We emphasize once again, no special permits do not need to receive, as well as not need anywhere additionally recorded.

A completely different situation if the work on the realization of your goods, subject to licensing, for example, you sell arms. In this case, of course, relevant document to acquire a must.

Relationships of sale are governed by the Civil Code of the Russian Federation (gl.30) Law on Protection of Consumer Rights. On the sale of goods through Internet shopping without restrictions apply rules of these laws.

The offer of goods on the web site addressed to an indefinite number of persons shall be deemed applicable law public offer (st.494 Civil Code), if such proposal contains all the essential terms of the contract of retail purchase (name of goods, unit price, the offer directly to the acquisition products).

To date, many online retailers when ordering goods "remind" the buyer that they join the "contract of a public offer, the terms of which are detailed on the site.

It seems rational indication of the conditions of a public offer, at the same time, we recall that the conditions of such offer shall not conflict with existing norms of legislation on protection of consumer rights. Conditions contrary to the law - are negligible. In the event of litigation, the court will put points on the ╚i╩.

In order to avoid conflicts with consumers and the law of e-shop owners must submit a site accessible to the consumer as:

- Offer (conditions of realization of goods);

- A set of information to consumers (the rights to the information on this product, manufacturer, seller), certificates, technical documentation, etc., copies of licenses (if the activity subject to licensing).

Needless to say, that the offer, the consumer information must comply with current legislation and in any case should not infringe the rights of the consumer (eg, of restriction of guarantees for the goods). In fact, most online stores limit (or rather not show) right buyer to return the money paid (for example, by selling goods of inadequate quality, and in some cases when the goods are of good quality (item 25 of the Law "On protection of consumer rights ..."). However, this restriction is illegal. Purchaser shall be entitled to exchange the product or return the money paid (Article 18 of the Law "On protection of consumer rights ...").

We draw the attention to be bound by instructions of information about the seller (s online store). Such information, in accordance with the requirements of the law, must include (Article 9, p.2 st.26.1 law on consumer protection ... "):

1. The manufacturer (performer, seller) is obliged to inform the consumer brand name (name), its organization, its location (address) and its mode of operation. ...

The manufacturer (performer, seller) - an individual entrepreneur must provide the consumer with information about state registration and the name has registered his body.

2. If the activity is carried out by the manufacturer (performer, seller), subject to licensing and (or) the performer has the state accreditation, the consumer should be provided with information about the license number and (or) issue a certificate of state accreditation, the dates of the license and (or) the certificate as well as information about the licensing authority and (or) the specified certificate. "

In accordance with Clause 3 st.26.1 Act, the consumer at the time of delivery of goods must be in writing, provided the full range of information about a product, information about the order and timing of return of goods.

Let us turn our attention to the possibility of failure of the consumer goods (p.4 st.26.1 Act [1] ),:

First, the consumer has the right to refuse the goods at any time prior to his surrender, and after the transfer of goods - within seven days.

Secondly, if the information about the procedure and timing of return of the goods of good quality was not given in writing at the time of delivery, the consumer has the right to refuse the goods within three months from the date of transfer of goods.

Return shipment choice if its trade dress, consumer characteristics, as well as a document confirming the fact and conditions of purchase of this product. Lack of consumer document confirming the fact and conditions of purchase, does not preclude him from relying on other proof of purchase from this seller.

In this case the consumer is not entitled to refuse to appropriate quality, which has individually defined characteristics, unless specified goods may be used only to consumer purchasers.

Upon refusal of the consumer goods the seller must return to him a sum of money paid by a consumer under the contract, except for the seller to the delivery of consumer goods returned not later than ten days from the date of the customer requirements.

Violation of the requirements of the law by the seller provides the consumer the right to terminate the contract and return the goods paid for cash.

Council of Organizations that want to "limit" of legislation on protection of consumer rights in the activities of its online store: sell goods only to business entities (legal entities and private entrepreneurs), thus, the purchase and sale will take place between economic agents, and the data relationship legislation on consumer protection does not apply. In this case, transactions between entities, as well as calculations with the participation of citizens associated with the implementation of their business, should be made by bank transfer. Settlements between these persons may also take cash (a limitation - for one deal in the amount of 60 thousand rubles).

[1] Article 26.1 has been included in the Law "On protection of consumer rights ..." Federal Law of the Russian Federation of December 21, 2004 № 171-FZ / / Rossiyskaya Gazeta. - December 29, 2004 (Entered into force on Jan. 9, 2005).