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Contract law. Retail sales agreement (most important)

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24. RETAIL SALE AGREEMENT

Under a retail purchase and sale agreement, the seller (retailer) undertakes to transfer the item to the buyer for use not related to business activities.

A retail purchase and sale agreement is:

1) consensual;

2) compensated - the basis for the fulfillment of the obligation to transfer the goods is the receipt of counter satisfaction in the form of the purchase price, and vice versa;

3) mutual - the existence of subjective rights and obligations for both parties to the contract of sale;

4) public - concluded by a commercial organization and establishing its obligations for the sale of goods in relation to everyone who applied to it;

5) an accession agreement - the terms of this agreement are established only by one of the parties.

Types of retail purchase and sale agreement:

1) at the place of performance of the contract - sale at the buyer's home and sale at the seller's trading establishment;

2) by the time of transfer of goods - sale by preliminary orders and sale with immediate transfer of goods;

3) according to the method of delivery of goods - sale through vending machines, by self-service, with the buyer being served by the seller's employees;

4) by the term of payment for the goods - with advance payment, with payment on credit or in installments, with immediate payment;

5) for the obligation to deliver the goods - with and without the obligation to deliver the goods.

Seller

▪ only an entrepreneur (individual or collective - commercial organization) engaged in retail sales of goods.

Buyer

▪ a citizen or legal entity if he acquires goods only for their use for purposes not related to business activities.

subject of a contract

▪ things used for household or other consumption not related to business activities.

An essential term of the contract retail purchase and sale is the price.

Contract form:

the contract is considered concluded from the moment the seller issues the buyer a document confirming payment for the goods (cash receipt, sales receipt).

Rights and obligations of the seller:

1) transfer of goods to the buyer:

a) in a certain place;

b) with all accessories and documents;

c) in the agreed quantity and assortment;

d) appropriate completeness and in a set;

e) established quality;

f) free from the rights of third parties;

g) proper packaging or container;

2) provide the buyer with the necessary and reliable information about the product.

Rights and obligations of the buyer:

1) payment for the purchased goods;

2) acceptance of the goods;

3) the right to exchange the purchased goods.

Author: Rezepova V.E.

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