Civil law. Part II. Rights and obligations of the parties under a retail purchase and sale agreement. Responsibility of the parties (most important)

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Civil law. Part II. Rights and obligations of the parties under a retail purchase and sale agreement. Responsibility of the parties (most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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6. RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER A RETAIL SALE AGREEMENT. RESPONSIBILITY OF THE PARTIES

The seller is obliged transfer the goods to the buyer in a certain place; with all accessories and documents related to the goods; in the agreed quantity and assortment; appropriate completeness; established quality; in proper packaging; free from the rights of third parties.

The seller must provide the buyer with the necessary and reliable information about the product and the manufacturer and inform him about the special rules for the use, transportation and storage of life-threatening goods developed by its manufacturer (Law of the Russian Federation "On Protection of Consumer Rights").

Seller's rights limited: he can only demand payment for the goods sold.

Also limited Buyer Responsibilities: he only has to pay for the goods.

At the same time, the rights of the buyer are expanded, the buyer has the right:

1) inspect the goods before concluding the contract and demand in his presence to check the properties or demonstrate its use;

2) for the exchange of a good-quality non-food product for a similar product, but of a different size, style, color, configuration within 14 days after the purchase, provided that it retains its presentation, labels and receipt. The list of goods not subject to exchange, approved. Decree of the Government of the Russian Federation of January 19, 1998 No. 55;

3) for a commensurate reduction in the purchase price, the immediate elimination of defects, for the replacement of goods or for compensation for losses incurred in the event of the sale of goods of inadequate quality to it. This right in relation to goods, the expiration date of which has not been established, can be exercised within 6 months. for movable things and 2 years for real estate;

4) do not refund the difference in price in case of defective replacement. goods for a similar one, however, when exchanging for a product of a different size, style, variety, the difference in price is subject to compensation;

5) to obtain the necessary reliable information about the product, the conditions of its sale and the manufacturer. If it is not provided, he has the right to demand compensation from the seller for losses, and if the contract is concluded, to refuse to fulfill it, demanding the return of the amount paid and compensation for other losses.

Responsibility features:

1) responsibility for violation of consumer rights can be assigned to both the seller and the manufacturer;

2) the seller, who did not provide the buyer with information about the goods, is also responsible for the defects of the goods that arose after its transfer, and is obliged to compensate the buyer for losses;

3) compensation by the seller for losses to the buyer does not release him from the performance of the obligation in kind;

4) in case of violation of the property rights of the consumer, monetary compensation for moral damage received by him is possible, if there is a fault of the tortfeasor. The amount of compensation is determined only by the court, taking into account the nature and extent of the moral suffering of the consumer, and not the cost of the purchased goods.

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