Ablyatipova N.A., Kravtsova A.A. Exchange and Return of Goods of Appropriate Quality Purchased Remotely: Enforcement and the Will of the Legislator
DOI: https://doi.org/10.15688/lc.jvolsu.2019.1.17
Natalya A. Ablyatipova, Candidate of Sciences (Jurisprudence), Associate Professor, Honored lawyer of the Republic of Crimeа, Russian State University of Justice (Crimean Branch), Pavlenko St., 5, 295006 Simferopol, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-4579-3871
Anastasiya A. Kravtsova, student, Russian State University of Justice (Crimean Branch), Pavlenko St., 5, 295006 Simferopol, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-9754-0836
Introduction: in the modern world, the sale of goods is increasingly used when using the Internet, which is a kind of remote way of selling goods under a contract of retail sale. In law enforcement practice, this raises the question: in the case where the consumer has purchased the goods remotely, whether he can make a return of such goods, if it is included in the List of non-food goods of good quality, not to be returned or exchanged for similar goods of other size, shape, size, style, color or configuration. In this regard, the authors set a goal: to study the judicial practice and the will of the legislator on this issue. To achieve this goal, the following methods were used: analysis, synthesis, induction, historical and comparative methods. Results: the ratio of the terms for the buyer’s refusal of the goods and for the buyer’s return of the goods of proper quality for remote purchase and sale is established; the opposite legal positions of the courts on the problem under study are revealed, the conditionality of the relationship with the specific position indicating the possibility of refusal of the consumer as one of the guarantees of his rights is justified. The work has confirmed the fact that this approach was aimed at the will of the legislator. Conclusions: the Relations on the exchange and return of goods purchased remotely have features due to the specifics of the method of purchase and sale. The consumer is a weak point in economic relations, therefore, the legislator reasonably provided additional guarantees of consumer rights: the risk of the consequences of the sale of goods remotely should be covered by the risky nature of business, be assigned to a professional participant in the relationship. The authors suggested that the question of changing this level of guarantees may not occur before the time when the remote relationship between the seller and the buyer will gain established practice, reduce the risks of the consumer, will be higher than the good faith of the parties and (or) will be created technologies for a more complete remote acquaintance, and such relations will achieve such development that will become so common as the relationship of purchase and sale in objective reality, committed in the usual way.
Key words: retail purchase and sale, remote purchase and sale, electronic civil relations, specifics of remote relations, refusal of the consumer of goods of good quality, guarantees of the rights of consumers, risk of consequences of sale of goods by the remote method.
Citation. Ablyatipova N.A., Kravtsova A.A. Exchange and Return of Goods of Appropriate Quality Purchased Remotely: Enforcement and the Will of the Legislator. Legal Concept, 2019, vol. 18, no. 1, pp. 123-130. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2019.1.17
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