home Self-development Legal protection of the rights of the seller. Give sellers the right psychological attitudes

Legal protection of the rights of the seller. Give sellers the right psychological attitudes

First, what the law says

Labor Code of the Russian Federation:
Article 239. Circumstances excluding the financial liability of an employee
Material
The employee's liability is excluded in cases of damage
due to force majeure, normal economic risk, extreme
necessity or necessary defense or failure by the employer
responsibilities to ensure proper conditions for storing property,
entrusted to the employee.
Article 244. Written agreements on the full financial responsibility of employees
Written agreements on full individual or collective
(team) financial liability (clause 2 of part one of article
243 of this Code), that is, on compensation to the employer for damage caused
damages in full for the shortage of property entrusted to employees,
may be concluded with employees who have reached the age of eighteen years and
directly servicing or using monetary, commodity
valuables or other property.
Lists of works and categories of workers, with
which may include these agreements, and standard forms
these agreements are approved in the manner established by the Government
Russian Federation.
Article 245. Collective (team) financial liability for damage
When performed jointly by employees individual species work related to
storage, processing, sale (release), transportation, use or
other use of the values transferred to them, when it is impossible
differentiate the responsibility of each employee for causing damage and
conclude an agreement with him for compensation of damages in full, may
collective (team) financial responsibility will be introduced.
A written agreement on collective (team) material
liability for damage lies between the employer and
by all members of the team (team).
According to the collective agreement
(team) material responsibility values are entrusted in advance
established group of persons who are entrusted with full financial
responsibility for their shortage. For liberation from material
responsibility, a member of the team (team) must prove the absence
your guilt.
In case of voluntary compensation for damage, the degree of guilt of each
member of the team (team) is determined by agreement between all
members of the team (team) and the employer. When collecting damages in
judicial procedure degree of guilt of each member of the team (team)
determined by the court.
Article 247. The employer’s obligation to establish the amount of damage caused to him and the cause of its occurrence

Before a decision is made on compensation for damages by specific employees
the employer is obliged to conduct a check to determine the size
damage caused and the reasons for its occurrence. To carry out such
inspection, the employer has the right to create a commission with the participation
relevant specialists.
Request from the employee written
explanations to establish the cause of damage is
compulsory. In case of refusal or evasion of an employee from providing
of the specified explanation, a corresponding act is drawn up.
Employee and
(or) his representative have the right to get acquainted with all materials
inspections and appeal them in the manner established by this Code.
Article 248. Procedure for recovery of damages
Recovery from the guilty employee of the amount of damage caused is not
exceeding the average monthly earnings, is carried out by order
employer. The order can be made no later than one month
from the date of final determination by the employer of the amount of damage caused
employee damage.
If the month period has expired or the employee does not agree
voluntarily compensate for the damage caused to the employer, and the amount
damage caused, subject to recovery from the employee, exceeds it
average monthly earnings, then collection can only be carried out
court.
If the employer fails to comply established order
recovery of damages, the employee has the right to appeal the employer’s actions in
court.
An employee who is guilty of causing damage to the employer may
voluntarily reimburse it in whole or in part. By agreement of the parties
of an employment contract, compensation for damage by installments is allowed. IN
In this case, the employee submits a written commitment to the employer
on compensation for damage, indicating specific payment terms. When
dismissal of an employee who has given a written undertaking to
voluntary compensation for damage, but refused to compensate for said damage,
outstanding debt is collected in court.
WITH
with the consent of the employer, the employee may transfer it to him for compensation
damage caused to property of equal value or to repair damaged
property.

First, the employer is obliged to conduct an inspection, and only then say who is right and who is wrong. The employer is responsible for organizing the protection of goods

h. for infringement of their rights in the form of a requirement to transfer a banknote of a different denomination as payment for a purchase, the Code of Administrative Offenses provides for liability in the form of a fine (Article 14.8 of the Administrative Code).

Another thing is that you can spit on them and not buy them at all. .

Regarding the exchange, this is closely dealt with by the head of the magician or the directorate, which has an agreement with the bank. forms a cash limit, either in their own accounting policy it is written.

or... as often happens... the head is in charge of everything. boom.. and she decides everything. and we know who the heads of the bay are.

Explanation: It should be understood that the exchange Money- this is an action aimed at obtaining the funds necessary to make a payment. And it is the buyer who is obliged to make an exchange [perform certain actions (Article 485 of the Civil Code of the Russian Federation)] in order to fulfill his obligation to the seller (cashier), which he has in connection with the purchase of goods

Discussions

Is the seller (cashier) obliged to change money if there is no change? Or just exchange money?

59 messages

And I also quote the summary: “Thus, both parties to the contractual relationship do not have the right to demand from each other to independently exchange money. At the same time, it should be understood that the exchange of funds is an action aimed at obtaining the funds necessary to make a payment And it is the buyer who is obliged to make an exchange [perform certain actions (Article 485 of the Civil Code of the Russian Federation)] in order to fulfill his obligation to the seller (cashier), which he has in connection with the purchase of goods."

According to Article 426 of the Civil Code of the Russian Federation, Public Agreement

1. A public contract is an agreement concluded by a commercial organization and establishing its obligations for the sale of goods, performance of work or provision of services, which such organization, by the nature of its activities, must carry out in relation to everyone who applies to it (retail trade, transportation by public transport, communication services, energy supply, medical, hotel services, etc.).

A commercial organization does not have the right to give preference to one person over another in relation to the conclusion public contract, except in cases provided for by law and other legal acts.

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2. The price of goods, works and services, as well as other terms of the public contract, are established the same for all consumers, with the exception of cases where the law and other legal acts allow the provision of benefits for certain categories of consumers.

3. Refusal commercial organization It is not allowed to conclude a public contract if it is possible to provide the consumer with the relevant goods, services, or perform the relevant work for him.

If a commercial organization unjustifiably evades concluding a public contract, the provisions provided for in paragraph 4 of Article 445 of this Code are applied.

4. In cases provided for by law, the Government of the Russian Federation, as well as federal executive bodies authorized by the Government of the Russian Federation, may issue rules binding on the parties when concluding and executing public contracts ( standard contracts, provisions, etc.).

(as amended by Federal Law No. 160-FZ of July 23, 2008)

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5. The terms of a public contract that do not meet the requirements established by paragraphs 2 and 4 of this article are void.

In addition, paragraph 38 of Letter No. 1-314/32-9 dated March 17, 1994 “ON SAMPLE RULES FOR THE OPERATION OF A RETAIL TRADE ENTERPRISE AND BASIC REQUIREMENTS FOR THE OPERATION OF A SMALL RETAIL NETWORK” prohibits offering the buyer any goods instead of handing over money or demanding from him to change the money himself.

Thus, if the seller refuses to exchange banknotes himself, the Buyer can complain to Rospotrebnadzor and the Society for the Protection of Consumer Rights - the competent regulatory authority can fine the seller - after all, in fact, a refusal to accept payment in the form of any banknote means a refusal to sell the goods, and this is a serious violation consumer rights.

If the cashier cannot give change, then the client has the right to demand a call from the authorities, write a complaint in the complaint book, or contact the Rospotrebnadzor department. The management of the enterprise will be fined, and if repeated violations are detected, the outlet will be closed.

This is NOT the cashier's problem, but his management's!

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And you need to remember not about what the cashier receives from management, but about the fact that the same state limits the amount of exchange that an enterprise can leave in the cash register and not take to the bank.

Do you perform your duties with 5 points? I doubt! Most people remember other people's responsibilities, but don't remember their own. And those who have nothing to do with such nonsense are toiling around like you, so the conclusion is that you are not fulfilling your duties!

Your reference to paragraph 38 of Letter No. 1-314/32-9 dated March 17, 1994 “ON SAMPLE RULES FOR THE OPERATION OF A RETAIL TRADE ENTERPRISE AND BASIC REQUIREMENTS FOR THE OPERATION OF A SMALL RETAIL NETWORK” is not valid, since this document became invalid in 2012 - Order of the Ministry of Industry and Trade of Russia dated March 26, 2012 N 305.

The reference to clause 8 of the POS Operating Rules is also incorrect, since it states the Seller’s obligation to provide the cashier with change ONLY BEFORE STARTING WORK AND ONLY WITHIN THE SIZE OF THE REMAINING. There are no obligations to provide exchange during the working day.

This issue is regulated exclusively by Part 1 of Article 485 of the Civil Code of the Russian Federation, according to which it is the BUYER who is obliged to perform the actions necessary to make the payment.

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If the seller does not have change when paying the consumer

Perhaps every consumer has encountered a situation where the seller or conductor did not have change. Usually the seller categorically nods his head and sends you to look for a small change. Otherwise, he refuses to make the sale altogether. And these strange advertisements in transport: “Banknotes of 500, 1000, and 5000 rubles. payment is not accepted." From this moment on, the seller begins to violate the law and consumer rights. The seller’s refusal to accept payment in the form of any banknote means a refusal to conclude a purchase and sale agreement, which, according to the Civil Code of the Russian Federation, is equivalent to a public contract. The refusal of the seller or passenger carrier to conclude a public contract when it is possible to provide the consumer with the required goods or services is not acceptable.

The seller is obliged to have or provide change at any time the store is open, in the amount necessary for settlements with customers. According to the letter of the Ministry of Finance of Russia dated August 30, 1993 N 104 on the rules for operating cash registers when making cash settlements with the population, “store management is responsible for providing cashiers with small change bills and coins “in the amount necessary for settlements with customers” .

Moreover, in another document - Letter of the Government dated March 17, 1994 N 1-314/32-9 “On the approximate rules for the operation of an enterprise retail", it is prohibited to offer the buyer any goods instead of cash change or to require the consumer to change money on their own.

So, the seller does not have change, and he refuses to pay for the goods and sell the goods.

- request a book of complaints and suggestions and make a note about the seller’s refusal to sell you the goods due to lack of change;
- if the book was not provided (and even if you managed to make an entry in it, but you are not satisfied with this), contact Rospotrebnadzor or the Society for the Protection of Consumer Rights. Rospotrebnadzor will report the result of the inspection in writing;
- if, due to the seller’s refusal to conclude a purchase and sale agreement, the buyer suffered significant moral, material damage or harm to his health, and the seller refused to satisfy the consumer’s demand to compensate for the damage voluntarily, feel free to file a claim in court. The court will be on your side.

(Articles 426, 445 of the Civil Code of the Russian Federation,

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Date of publication: 04/29/2011

Reprinting without the consent of the editors is punishable by law. Protected by the Copyright Law.

You can attach pictures to your review.

Do not juggle from a sore head to a healthy one. You need to read the letters from the Ministry of Finance carefully.

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“The seller is obliged to have or provide change at any time the store is open, in the amount necessary to pay

buyers. “Where did you get this from?”

a) not all the time the store is open, but only BEFORE work starts.

b) change notes and coins not in any amount, but within the limits of the BALANCE OF THE CASH AT THE END OF THE SHIFT.

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Thus, if the change runs out during the day, the buyer will be wrong. If he goes to court, he will lose, having read your “smart” advice.

And today at the supermarket they told me at the checkout that if I have a 5000 bill, then I must buy goods for at least 500, that is, 10% of a large bill, I was naturally indignant, but they told me that this is the law! What the hell? Well, I didn’t argue, because I don’t know for sure (by the way, I was buying bread, and I had a 5000 bill and they didn’t have change)

And men love to make scandals.

That’s for sure, men are worse than women, the way they twitch.

We just need to give everyone the opportunity to give back for at least a month only in coins,

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The effect will be amazing.

Think about it, I give a five thousand dollar bill and buy chewing gum, and they give me change in change.

I'm already laughing as I write this.

I work as a shift supervisor; roughly speaking, I have been a senior cashier for more than a year. You laugh, Valer, but I really had to count out the change in 50-ruble notes and tweets. The client was warned before the check was punched that there was no change in the coffee shop, but he left with an incredibly cheerful face.

Current edition! “Standard rules for the operation of cash registers when making cash payments to the population” (approved by the Ministry of Finance of the Russian Federation on August 30, 1993 N 104) 3.8. Before starting work on a cash register: the cashier receives from the director (manager) of the enterprise, his deputy or chief (senior) cashier everything necessary for work (keys to the cash register, keys to the cash machine drive and cash drawer, small change coins and banknotes in the amount necessary for settlements with customers, accessories for operating and servicing the machine for signature). 3.8.1. The director (manager) of the enterprise or his deputy, the administrator on duty is obliged to: - open the lock of the drive and meters of the machine and, together with the cashier, take readings (receive a reporting sheet) of sectional and control meters and compare them with the readings recorded in the “Cashier-Operator Book” for previous day; - make sure that the readings match and enter them into the book for the current day at the start of work and certify them with your signatures; - draw up the beginning of the control tape, indicating on it the type and serial number of the machine, the date and time of the start of work, the readings of sectional and control counters (registers), verify the data on the control tape with signatures and close the lock of the cash counter readings; - give cashiers (controllers - cashiers, sellers, waiters) keys to the car drive lock; - instruct the cashier on measures to prevent check forgery (encryption of checks, a certain color of the check tape used, maximum check amount, etc.); - provide the cashier with small change coins and bills within the amount of cash balance at the cash register in the amount necessary for settlements with customers, and also receipt tapes appropriate sizes, ink ribbon and other consumables provided for this type of machine;

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Yes. You really are a cowboy. I’ll just say one thing: you need to read all the clauses in the law and not just what you like. The law does not regulate the time for drawing up a purchase and sale agreement if it is within a reasonable time frame. so please kindly ask your customers to wait until the required amount is collected at the cash register. it might take an hour or two or three. And if they want, let them go and complain wherever they want, since the balance of the limit in the cash register at the beginning of the day and after the collection is submitted, mostly in companies, is no more than 5,000 rubles..

So it turns out that in the morning a cowboy came and took all the change in the evening after collection, Ksenia came and took all the change again..

As they say, whoever had time came to eat

As I understand it, people who write here are mostly those who directly work or have worked in trade. Otherwise, I cannot find any other explanation for such protection of “poor” cashiers. I myself worked in trade. And I can say, no change - the client is not to blame. It's the cashier's fault. Since I didn’t keep track of this, it would be another matter if there was a long line and the cashier had no time to look at the number of small bills. In such a situation, the shift supervisor, administrator, director, etc. are to blame. Because they have to keep an eye on things like this. And yet, there is no change at the cash register, in this case you just need to lift your ass and go change. It's simple)))))

You're wrong. Why is the cashier to blame? And if after the collection two people came, three with a five thousand dollar bill and I gave them all the change. Working at the cash register alone, I have to run to look for change. Think with your head what you write

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This is where the poor cashiers gathered

No one at work asks me why the pipes were not unloaded. Come and unload.

And so I go into the store, and they tell me there is no change.

Are you sellers completely crazy?

The change problem is a store problem. Seller, director or someone else.

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I need a product, real money.

Call the director, senior. This is NOT MY PROBLEM. THIS IS THE STORE'S PROBLEM. And there is no need to make innocent lambs out of rude cashiers

I have read different opinions and want to express my own. I am a salesperson in a store and I believe that if there is no change, then the cashier or the senior is to blame. In our store we always leave enough for change so that there is enough. Previously, we left less, we told the director that there was not enough and he left more. The director is the first interested in making sales! And if there is no exchange, then either the director is a lousy director, or he does not know that there is not enough exchange.

But what should cashiers who work in the housing and communal services sector do? What if they don't have change? Should I also go looking for an exchange?

Until these bastards themselves work in trade and understand that the seller does not release the goods, they will never understand this. Thanks to Anton Privolny, asshole.

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People-buyers-consumers-right-swingers, you are really stupid assholes. What to do with you, who will tell me?

If a person says that someone should go crazy and give him something urgently, then this is already within the competence of a psychologist/psychiatrist.

How out of touch with your head do you have to be in order not to understand the simple phrase “no change”? And it cannot simply exist physically. Because buyers do not actually buy goods, but exchange large bills. They solve their problems by creating problems for others. On a day, there are about fifty people like this, crazy with their “insight” and “cunning.” That is, those who at first blatantly ask for change, looking as if there is a crown on their head, and then they pick up something that they don’t mind spending money on and stick some chewing gum with the same large bill. Moreover, they decide which banknotes they need. I just want to stand up and punch him in the face. It is a pity that such an action is already really limited by law. Unlike fictitious fantasies about what the seller supposedly owes.

Because of this trash, everyone suffers, including ordinary buyers who actually came to shop and took the amount that should be enough for purchases, for example, a thousand.

An adequate person. if he wants to make a small purchase with a large bill, he will first ask if there is change in that amount and, after a negative answer, he will go elsewhere.

We don’t have any laws, but they are not so absurd, and therefore not a single law says that the cashier must leave workplace and change your money. Everyone understands perfectly well that this will be difficult and no one will want to change this seller either, because this problem is common. Or that someone is obliged to give the seller endless change for such wishers throughout the entire shift. Now even banks don’t change money and there is no small money in ATMs, what do you want from the rest.

Come down into the real world with real people and their real physical capabilities.

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And there are situations when these smallest bills really are not there, not on purpose! And it’s really very strange when there is no change

I agree with only one thing: you should always remain human. I had a situation today, I bought coffee and a chocolate bar, gave 1000 rubles in one bill, the seller replied - no change, I offered to pay by bank transfer, but again refused. I suggested that she go exchange money, to which the seller replied that this was not her responsibility, and there was no place to change it. I said at the stop there are many shops where you can change money, especially if there are only large bills in the cash register, her friend with whom she was talking joins the conversation and tells me that she cannot leave the store and she does not have time to change money, I answer her but talk then there is time. Moreover, this is her tool of labor, and I pay real money for a service, and do not demand goods for free, that is, I fulfill my part of the deal. He gave an example that I am an electrician and I don’t dump my problems on my clients, and I specifically stipulate what types of services I perform, if they give me money for work done, I always try to have change, and if there is no change, I don’t take the money and give it on trust then when they have them, someone gives them away, someone forgets them. There are situations when you can’t jump over your head and this needs to be explained to buyers, and not told that there is no money, the buyer will always understand human language, but will never understand that they are dumping their problems on him. If you worry about what’s going on beforehand, then nuances can be avoided, and no matter how sad it may sound, it’s a fact. People are constantly looking for excuses for their laziness. You can understand everyone, both the seller and the buyer, if circumstances arise.

I work as a cashier and often encounter this situation. a buyer comes with a large bill as payment and additionally gives another (approximately 5000+300 rubles) with an impudent tone and the phrase - I want exactly!

can I refuse?

Feel free to refuse. Unfortunately, the mentality of our population is such that there is no basic understanding of the moment - A salesperson in a store or any other service worker is a CITIZEN of the Russian Federation. WITHOUT ANY INFRINGEMENT OF RIGHTS BY BEING IN THE PERFORMANCE OF OFFICIAL DUTIES. AND NOBODY CAN TOLERATE RUDE, INSULT AND FORCE YOU. THIS VIOLATES THE FUNDAMENTALS OF THE RF CONSTITUTION. Article 19 of the Constitution of the Russian Federation. (The Constitution is the main one - read the Main Law of the state, all other codes, and so on, and even more so, work instructions cannot contradict them!) I usually answer that I want a million dollars in my account and an island in the Pacific Ocean, as soon as you secure it, so will it be for you. there on request. In fact, it cools down even particularly angry clients. Unfortunately, the country will reap the fruits of population degradation in the 90s for a long time, and herds of imbeciles, moral monsters and other cattle are an integral part of working with “people”.

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Of course, refuse, then Rospotrebnadzor and the imposition of a fine on the seller and the legal entity. One smart woman already suggested that I run for change, now there’s always some change. IMHO

Mila, if you are really sure that you are right, attach the scanner of the response that you were given to your complaint, for reliable argumentation, because you are obliged to answer! And without it, don’t shake the air into thin air, so it’s clear that you can only write in the comments, like some here. In reality, you are no one by any name. So you invent a parallel world for yourself, where everything is as you please. Rospotrebnadzor can only draw up an act and send the case, after six months of red tape, to the court, and the court can decide whether to fine or not, consulting not with you and other imbeciles, but with regulations. In fact, no one has ever been fined for not making an exchange. If you disagree, please bring real examples, if not, don’t gush with your stupidity..

You can refuse politely, only then you will be right. No matter what happens, always remain human and you will never be ashamed..

You cannot demand from people, no one owes anyone anything. You need to understand and come to this or that yourself, people often depend on circumstances, this cannot be ruled out, since it is an integral part of our lives.

Polite and well-mannered people, as a rule, do not have such problems, since, firstly, they have a brain that perceives the moral and ethical standards accepted by society, and secondly, they are able to apply them to the surrounding reality. This means they soberly assess the situation and are able to take care of themselves. Unlike those who have no brain at all. And the only thing they are able to learn and apply is THEY SHOULD! They didn’t learn anything, but the position of chief is owed to them! They go to work just to see what is going on there, but they are owed a salary! And not the one for which they don’t work, but the one like they’re awesome specialists! And they all shout that the economy is owed to them, but why should this economy exist if they produce goods, services, and so on of such quality that even they, these workers, do not want to pay for! In general, guys, first you need to make friends with your head. And then about circumstances and upbringing and so on.

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I wonder when they will finally start protecting sellers. All they can say is: You must.

Personally, the seller is not obliged to do anything, the management did not provide exchange for the whole day and the seller is powerless here, because he does not have the right to leave his workplace and run around looking for exchange.

You just need to be humane and treat everything with understanding, and if you really need to change money, then you need to go to a large hypermarket, they never have problems with changing.

And those who are normal, well-mannered buyers, when making a purchase, will first ask whether there is change or not and will never stand there and shake your rights that you owe them something.

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But I stop going to such places and don’t recommend them to my friends - so expect profit if you can’t meet customers halfway

You are right, Maria, but these are general phrases, but in fact, a couple of self-sufficient people behave arrogantly and brazenly without noticing it. Here is an example of one such person - Maria 01/03:45

Alik, I completely agree with you. And on behalf of all the employees of trade organizations, I can thank you for the fact that you not only save us from your presence, but also from inadequate beggars with delusions of grandeur like you! Thank you from the bottom of my heart! Just look at how she singles out the poor, and in general, does she have the right to compare people, and who gave it to her?)))) That’s why there is such a situation in Russia, because people themselves divide other people into poor and rich. The president has nothing to do with this.. First of all, we ourselves need to remain human, so what if there are poor people, they perform their function no less important than the rich, I would say they even bring great benefit to the whole society.

Stanislav, if you personally did not understand the statement. Don't take the meaning aside. Apparently you don't go shopping. I’ll tell you a big secret, as a trade worker (for 11 years now) and as a consumer! Our life is not that bad. Most of us focus primarily not on the price of a product, but on the brand, and many are not willing to overpay and compare prices for the same brand in different retail outlets of one or more chains. And apparently it’s news for you that now, in order to fully compete, a brand enters into a contract with one or more retail chains, which either excludes or on more unfavorable terms allows the presence of a competitor at a given outlet. And the consumer who is satisfied with the product in terms of price and quality is tied to the retail network that has entered into a contract with the brand he likes, because in another network he will receive the same product at an unreasonably inflated price or will not buy it at all. Such is the market! And going to the store for me and most consumers is not a holiday, but a conscious necessity. And for this reason, I and the others don’t care what’s at the checkout, we didn’t have any change, let’s buy up to the same amount, we have to feed our family! But for Alik it’s like going out into the world, and you want to be licked, and more than once, but money is running short and when a new trip is unknown, you need to earn money! So they fret over pennies, they want to be adored, to feel significant, but it’s a bummer that they couldn’t find change for their penny purchase. What is the benefit to society here? There is no family (they need to support it), they live at the expense of someone, and what is their greatest benefit? I’m not rich and my family just knows how to count money, earn and spend. A couple of years ago, my husband and I New Year They didn’t sell alcohol in the store because they didn’t have documents with them, despite the fact that they were both over 30 and each weighed about a hundred kg. And they didn’t harbor any grudges against anyone, they didn’t write complaints. We returned with a passport and bought everything we liked because we needed it, and not because we were owed it.

Free legal advice:

What I saw and understood is that you have become like Alik, which means you have no right to criticize him, you are the same person, no worse and no better. “You are so eager to judge the sins of others, start with your own and will not reach others.” If everyone respected their rights and responsibilities, there would be no conflicts. The fact that they demanded documents from you is the right of the seller, appearance This is not an ID card. I understand about competition. But don’t forget about the laws, if a consumer or seller demands on the basis of the law, the truth is the same for everyone. The main thing is to remain human and everyone will be fine, the seller initially goes to such work consciously and must understand all the nuances, therefore he must be restrained, but the buyer should not be a beast and not show his arrogance. Just understand that when a customer enters a store, this means work begins and not like in an apartment, most likely this is the main problem. When you remind the seller about the law, he gets offended, but why be offended - this is just his job, which he himself chose to earn money for himself and ambitions are in no way appropriate here and there should be no hint. You state so confidently that the sellers are decent, as if you are present in every situation, but I don’t believe in this, and there is no need to justify everyone, write only for yourself, what exactly happened to you, there is no need for general phrases. I think this dialogue was created so that both sellers and consumers would read and draw conclusions on how to behave, so that there would be no misunderstandings. And don’t forget when you justify the seller, he thinks that he is right and does not draw conclusions, and only the law can justify him, but not you! This is work, don't forget!

Stanislav, bring me normative document obliging a trading organization to have an exchange. Without further ado, here's the number and what it says. I already wrote above, you apparently didn’t read all the comments. I outlined in great detail why this normative act does not exist and its existence is impossible. Therefore, the obligation of a sales worker to look for change for you, me, or someone else is a figment of the buyer’s imagination! If you wish, I will personally describe the situation to you again, with all links to the current regulations. Fruits of the imagination are not laws, at least in the Russian Federation, so I don’t quite understand what kind of laws and work you are writing about here? Stanislav, it seems to me that you probably aren’t working yet! Because you don’t know that the main requirement of the Labor Code of the Russian Federation is ensuring labor safety, because any employment contract an employee of an organization, with the exception of those professions whose activities involve moving around the area, prohibits the employee from leaving the workplace. And providing everything necessary for work is the responsibility of the employer, again whom no one obliges to have an exchange. You wrote above that you didn’t rush to look for an exchange, she doesn’t have the right - that’s one thing, and no one can charge her with this, especially since you are two, the employer didn’t provide the exchange or it ended before you, I don’t care about you a hundred times - wipe yourself off. You do not have greater rights than she does, on what basis did you personally, reproaching me for the delimitation of society, begin to impose on the saleswoman some actions that were not part of her job responsibilities, and contrary to her wishes? Who gave you the right? The seller, Stanislav, if you don’t understand me, is also a citizen of the Russian Federation and you and no one else have the right to be rude, impose responsibilities, give up and behave as you want. You and others like you generally don’t seem to understand that a sales worker is only work time during performance, and outside of work, for example, with my size and physical fitness, I can drag you personally to public toilet and force him to scrub him with his clothes and tongue, because it also sincerely seems to me that this is your duty. Think about it and draw the right conclusions, the situation in both cases is the same, but in the first case it is built on an ephemeral sense of one’s own superiority, and in the second on a physically tangible one, both are illegal and dishonest. I can say no to cattle, and I teach this to others. But it seems to you that they owe you, but you are mistaken!

You are filled with ambition, it can be seen, “if I dirty the toilet, I’ll wash it without you :-)”, you are foaming around the mouth. I calmly offered the seller to change money, I didn’t pull his hand, and the seller doesn’t know his rights and obligations, didn’t explain to me that I was wrong, and in general the Labor Code of the Russian Federation spells out rudeness, if you’re arguing by the letter of the law? As for your size, it’s better to leave your efforts to your family and friends, maybe you’ll drag me to the toilet, but only by my will (so that there are no witnesses), perhaps you yourself will tease him with your tongue and your tights, and being reasonable, just Sorry if you can’t explain to me where I’m wrong when you’re at your workplace. I already had this experience, I got my way, and often the seller behaved rudely, and explained to him that he was at work and not at home. It’s just that you haven’t encountered me, so you’re self-confident. This happens. Don't rush again in general phrases, It does not work.

I like Oleg’s comment, I would definitely do the same in his place, and not climb into the bottle. Because, like Marina, you won’t know the outcome of the situation, if it outgrows the conflict, maybe someone will be fired, and someone will achieve their goal, and there may be victims and someone will go to prison. Only because he was rude or raised his voice. Draw conclusions if you behave the same way as you write in the dialogue and nothing happened to you, either you are deceiving or you are very lucky, but this is for the time being.

My opinion is that if you work in trade, have all the tools to work there, when the seller asks the buyer to change money because there is no change in the cash register, this is called shifting your problems to another person. Now, if the buyer wanted to take the thing for free, that’s a different matter, but he’s carrying the money. And the buyer is not obliged to have exchange, but the law obliges the organization providing the services! From this we can start a dialogue about who is right and who is wrong.

Free legal advice:

What law? Number, date of acceptance, etc., etc. Without introductory words, anyone who makes such a claim is an empty talker! This is not an emotion, this is a fact. As a fact, you respond to my one comment with three! Which one of us is running high on emotions? And yes, we have not encountered each other in my network, because people like you usually apologize to me and my colleagues in the presence of security and law enforcement agencies, so as not to get an article for hooliganism, I know my rights well! And where is the Labor Code of the Russian Federation written about rudeness? Article number and date of adoption? Otherwise, glory to the windbag.

I’ll write whatever I find, just wait.

About rudeness, read it carefully again! You've become personal. I always apologized if I was wrong, but basically, when I talked to the seller and he did not satisfy my request (started to fuck off), I moved on, and higher organizations and management complied and asked to fulfill my requests. Just because you're so stubborn doesn't mean you're right.

I am writing you several messages because I separate my thoughts “from each other”, I think that it is necessary to talk and explain to people. The last time I was able to explain to the seller that it was not me who needed the change, but she, since she was a seller, and she closed the store after I left, I think she went to change money. I always think about my actions and am shocked, and if I’m wrong, I apologize.

Once, a friend of mine had her car burned and her safe stolen, but from the point of view of the law, she was right, just like you)))

The purchase and sale agreement is a public contract, therefore the rules established by part 3 of Article 426 can be applied to it. civil code RF: “The refusal of a commercial organization to conclude a public contract if it is possible to provide the consumer with the corresponding goods, services, or perform the corresponding work for him is not allowed.” That is, if they don’t take your money from you, but send you to change it, this may mean an actual refusal to sell the goods. The store must have a certain amount of cash that allows it to serve customers more or less painlessly. In accordance with letter of the Ministry of Finance of the Russian Federation No. 104 dated August 30, 2003, the cashier is obliged to give change to the buyer along with the check. And if the cashier refuses to give change, citing lack of money, we can talk about a violation of your rights. How to defend your rights? There are several options. But, unfortunately, we have to make a reservation that quick ways There is no such thing as forcing the cashier to give us change. We can only educate them. You can, for example, write a complaint to the territorial division of Rospotrebnadzor. They will be required to conduct an inspection and, most likely, will fine the store management. You can also resort to a proven method - a book of complaints and suggestions. According to the law, it is a document strict reporting, its pages must be numbered and stitched, and it must be in a visible place in the consumer’s corner. Write a complaint, leave your phone numbers - within a month the store administration or the Rospotrebnadzor branch should contact you and inform you what measures have been taken

Let's really not make empty calls, but let's conduct an experiment. I’ll come to your network and buy a product, but you won’t give me change, so let’s find out who’s right and who’s wrong? Why argue when you can do it. I live in the city of Vladivostok. I repeat once again, I react wildly to how my rights as a person are limited by another person who, in principle, cannot do this, but only stands behind the cash register or sits in an office and considers himself a king. My own stubbornness awakens and I am ready to go to the last resort; if I’m wrong, I’m wrong. What if I win the trial, then what? You will continue to prove and give arguments that you are the owner of the network and that you know everything. If I thought that I was being deceived, I did not listen to anyone and always got my way, but did not behave arrogantly. Look at your writing from the outside, you haven’t “been there” yet, but you’re already proving that you’re right in any way. I think you are misleading me)

Regarding rudeness, I don’t have to give you an article as an example, it’ll take a long time to search. But I’ll tell you what will happen: if Rospotrebnadzor receives an application from the buyer and during the investigation it turns out that the seller was really rude to the buyer, then a fine will be imposed on the administration. At the same time, I believe that both the seller and the buyer should not be rude to each other, you can always understand when there is room for circumstances. But don’t forget that the seller himself chose this kind of work, let him be kind enough to fulfill all the requirements, this is work and not a showdown between neighbors, otherwise this cannot be treated!

It also happens that people don’t understand well or don’t hear, or are stupid). There are different ones, so you have to explain and write a lot of messages. And society reads all this, some people even learn from it, so there is no need to write unambiguously). I think an honest person has nothing to fear, if the seller is honest, then he won’t have to make excuses here, for example, how do you do it, he just works and doesn’t create problems, when I see that the brute buyer is mocking such a seller, I’ll make a remark to him, I’m definitely not indifferent I'll stay. It is called human attitude, as an exception to the rule (forget for a while that this is work). But this is work, unfortunately, and basically the buyer is right, and he does not listen when he is reprimanded, because he is right and there is nothing personal here. This is Marina's JOB.

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Warden 20.03.2019 16:21
Let's start with the fact that most people working at the cash register are people without education. They don't know the laws and rules. Change is the cashier's problem! The cash register must have change, otherwise it will be a violation on the part of the store! The buyer fulfilled his terms of the public contract and provided for payment a banknote that is in circulation on the territory of the Russian Federation. All. Next, the seller must fulfill his conditions, release the goods and give change, if required! No change - the seller did not fulfill the terms of the public contract, which means he is wrong! If the director or manager does not allow you to accept banknotes of a certain denomination, send them, because such demands are illegal. They don't allocate exchange - write a complaint! If you don’t want to defend your rights, endure it when you hear dissatisfaction from customers, or change your job! Otherwise, you can only complain about the director and manager from home, under anonymous nicknames, but at work you lick one place with them and everything suits you...

--- 17.01.2019 13:02
“The seller must”, “the seller is obliged”. Nobody owes the sellers anything. On the one hand, these are such smart Moscow e.., on the other, the admin or manager: “Don’t accept 5k! They didn’t bring the change!”
It is better to plow the field than to work in the service sector.

Azula 26.12.2018 18:35
Damn, I really wanted to find the law that people refer to who come with 5000 and demand that they give money back for it, but I didn’t find anything specific, for example, how much money should be in exchange, what punishment and who is provided for for not accepting the money?
"by law we are required to give back. I have the following situation: I work as a salesperson in a small catering stall. Change in the morning is 1500, total revenue both in cash and banknote is about 5000, most are paid by card in total in the evening about 1500-3000 rubles in cash + change (where to get money to give change for five thousand, go borrow it? Or what? They came up with 5000, I say there will be no change, they tell me: by law you are obliged to give change, otherwise there will be a fine of 30,000, Where did they get this?

Anton 15.11.2017 20:57
Do not juggle from a sore head to a healthy one. You need to read the letters from the Ministry of Finance carefully.
"The seller is obliged to have or provide change at any time the store is open, in the amount necessary to pay
buyers. "Where did you get this from?
We open the letter from the Ministry of Finance, to which you further refer (Section 3 of the operating rules), and we see that:
a) not all the time the store is open, but only BEFORE work starts.
b) change notes and coins not in any amount, but within the limits of the BALANCE OF THE CASH AT THE END OF THE SHIFT.
Thus, if the change runs out during the day, the buyer will be wrong. If he goes to court, he will lose, having read your “smart” advice.

Olya 05.08.2017 16:14
And today at the supermarket they told me at the checkout that if I have a 5000 bill, then I must buy goods for at least 500, that is, 10% of a large bill, I was naturally indignant, but they told me that this is the law! What the hell? Well, I didn’t argue, because I don’t know for sure (by the way, I was buying bread, and I had a 5000 bill and they didn’t have change)

Victoria 28.06.2017 09:10
And men love to make scandals.

Valera 31.05.2017 07:21
We just need to give everyone the opportunity to give back for at least a month only in coins,
The effect will be great????
Think about it, I give a five thousand dollar bill and buy chewing gum, and they give me change in change......
I'm already laughing as I write...??????????

Andrey 20.05.2017 18:20
Current edition! "Standard rules for the operation of cash registers when making cash payments to the population" (approved by the Ministry of Finance of the Russian Federation on August 30, 1993 N 104) 3.8. Before starting work on a cash register: the cashier receives from the director (manager) of the enterprise, his deputy or chief (senior) cashier everything necessary for work (keys to the cash register, keys to the cash register drive and to the cash drawer, small change coins and bills in the amount , necessary for settlements with customers, accessories for operating and servicing the machine for signature). 3.8.1. The director (manager) of the enterprise or his deputy, the administrator on duty is obliged to: - open the lock of the drive and meters of the machine and, together with the cashier, take readings (receive a reporting sheet) of sectional and control meters and compare them with the readings recorded in the “Cashier-Operator Book” for previous day; - make sure that the readings match and enter them into the book for the current day at the start of work and certify them with your signatures; - draw up the beginning of the control tape, indicating on it the type and serial number of the machine, the date and time of the start of work, the readings of sectional and control counters (registers), verify the data on the control tape with signatures and close the lock of the cash counter readings; - give cashiers (controllers - cashiers, sellers, waiters) keys to the car drive lock; - instruct the cashier on measures to prevent check forgery (encryption of checks, a certain color of the check tape used, maximum check amount, etc.); - provide the cashier with small change coins and bills within the amount of cash balance at the cash desk in the amount necessary for settlements with customers, as well as receipt tapes of appropriate sizes, ink ribbon and other consumables provided for this type of machine;

In modern Russian society Citizens' rights began to be actively discussed relatively recently. And if earlier, when entering a grocery store, the buyer knew that the seller behind the counter was the king and god, but today the situation has changed dramatically.

In this article you will learn:

What are the rights of the buyer and seller?
What rights of the buyer and seller apply in the store.
What rights does the seller have over the buyer?
How the rights of the buyer and seller conflict.
How can a seller protect his rights?
How to prevent the development of a conflict and not violate the rights of the buyer and seller.

What are the rights of the buyer and seller

Today, buyers are well aware of their rights and successfully apply this knowledge in practice. The provisions of the Law “On Protection of Consumer Rights” describe in detail what the buyer can claim in certain situations. But, wanting to restore justice, consumers often forget that the law also gives rights to the seller. To behave honorably in any dispute, every responsible citizen must know what rights the buyer and seller have.

Check your partners urgently!

Do you know that When checking, tax authorities can cling to any suspicious fact about the counterparty? Therefore, it is very important to check those with whom you work. Today, you can receive free information about your partner’s past inspections, and most importantly, receive a list of identified violations!

First, let's look at the rights of the seller when the buyer returns the goods. The seller has the right not to accept return of goods in situations described in the law. For example, a customer cannot insist on replacing a product unless required by law, even if the product has not yet been used. That hygiene items and medicines They are also non-refundable, as everyone probably knows. There are practically no conflicts on this topic between the seller and the buyer. But return or exchange of electronic household appliances– the question is quite controversial. Let's give an example: a person purchased an LCD TV, but when making the purchase he did not pay attention to the small viewing angle. He brought the equipment back to the store, but was refused a refund and exchange for an analogue one. The thing is that according to the law, televisions, like complex equipment, cannot be returned or exchanged. Disputes with sellers, filing claims against the store and even filing lawsuits in such cases are a waste of time.

However, if after the purchase the client discovers a significant malfunction in the TV, the matter takes a completely different turn. Here the law is already on his side. The seller, of course, has the right to make sure that the cause of the problem is a manufacturing defect and not improper operation. An independent examination helps to establish the root cause. If the buyer is not satisfied with the results, he may insist on a re-examination.

To exchange or return goods, the law provides certain deadlines. If the client violates them, he cannot change the product, nor can he return the money paid for it. The Law “On the Protection of Consumer Rights” states that the buyer is obliged to inform the seller about a violation of the terms of purchase and sale within a specified (reasonable) period. There are often cases when in a store required product no longer exists, and therefore the seller simply cannot exchange it for a similar one, while you can order and buy a new one only at a very high price high cost. There is a risk of disproportionate costs due to the customer's failure to report product defects within a reasonable time. He is also obliged, within the period established by law, to report that the products are poorly packaged or insufficiently stocked.

If the consumer does not pay for a purchase made by installments or credit on time, the seller may demand the return of either the product itself or its full cost, including late interest. The truth will be on the seller’s side, since in this case the terms of the purchase and sale agreement will be considered unfulfilled.

Before purchasing a product, the client has the right to inspect it first and ask the seller to demonstrate it in action. The law provides for 14 days from the date of purchase to exchange products. In this case, the buyer can change the product not only at the outlet where it was purchased, but also at the store’s branches.

The consumer has the right to exchange products for similar ones, choosing the color, shape and model at his discretion. Often stores refuse this and say that the product the client needs is out of stock. In this case, the buyer asks for a full refund or partial refund due to the poor quality of the product.

Basic rights of the buyer and seller in the store

Packing fee.

The store, at its own discretion, determines whether to sell the package or provide it for free at the checkout.
Before direct sale to the buyer, all products must be in free original packaging.
The buyer must pay for packaging if food products, including those for which sealed packaging is not provided, were previously placed in different bags, bags, containers and other disposable packaging. In this case, the cost of the goods includes the price of packaging.
The consumer has the right to buy a product in free packaging, for example, by asking the seller to wrap the product in paper, film or a bag brought from home.

Product slicing.

Cutting products is the exclusive right of the seller. Ancillary workers, other personnel and customers do not have such a right.
You can cut off ¼ of a piece of bread only if its weight is at least 400 g. It is also permissible to cut a piece of bread into 2 and 4 parts.

Prices in trading floor differ from the prices at the checkout.

All items in the store must have price labels.
If the price tag differs from the cost of the product at the checkout, the buyer may perceive this as an attempt to mislead him due to the lack of accurate information.
The consumer has the right to a refund of the product and the money paid if the price tag on the label does not match the price at the checkout.
The price label should be placed so that the buyer can easily familiarize himself with the composition. If this information cannot be read, the client has the right to contact the seller with a request to demonstrate the product, the packaging of which shows the composition. Consumers cannot remove the price tag.

Rights of store security guards.

Buyers should have the opportunity to temporarily store personal belongings. If a client brings things (bags, packages) directly into the store, this may be a reason for inspection.
Security guards do not have the right to conduct personal searches; this is the responsibility of the police. The store security calls them in for inspection.

Entrance with stroller and dog.

There are no rules prohibiting shoppers from entering stores with strollers. The staff has no right to set other standards.
It is legally prohibited to enter stores with dogs.

The glass container broke.

Quite an ambiguous moment. Typically containers are broken:

when they fall from the conveyor belt while moving;
due to a collision with a shopping cart or other item of the buyer.

It would seem that in the second case everything is clear and the client’s guilt is obvious: due to carelessness and inattention, he touched the goods and broke it, therefore, he must pay. But this opinion is wrong.

Store management does not have the right to force customers to reimburse the cost of broken products.
The law obliges the client to compensate the store for losses only if his guilt is obvious. If the product breaks due to incorrect display, you do not need to pay.
One way or another, the store can demand compensation for damage only through the courts.

Refund money for expired goods.

The buyer has the right to return the product to the store due to its poor quality or expired.
The buyer has the right to receive money for expired products or exchange them for products of proper quality.
Poor quality goods can be returned without packaging.
Products that have been in use for some time decrease in price. However, when returning funds, the seller does not have the right to deduct the amount for the period of use from its full cost.
The buyer can return to the seller everything that remains of the product after trying it.

What rights does the seller have over the buyer?

The profession of a sales consultant is in great demand today. Applicants for this position must be polite and sociable. Let us note that a sales consultant is also a specialist with at least an initial professional education. Before the seller begins to perform his duties, he receives all the information about his position: responsibilities, schedule, salary, work procedure, internal rules companies, sanitary requirements, standards fire safety. It should be emphasized that the seller is not always an individual. This could be a store, a company, or a production workshop.

Each enterprise independently determines the rights and obligations of the seller in accordance with its requirements and current legislation. In some organizations, consultants must greet customers with certain words, in others they must make do with generally accepted phrases. It’s the same with sales: some stores oblige specialists to sell exclusively goods, while others oblige them to sell related products.

Of course, goodwill and excellent knowledge about the properties of products are extremely necessary for a consultant. But controversial and conflict situations are inevitable in work. To avoid them, you need to know the rights and obligations of the seller and buyer and follow generally accepted rules in your work.

In Russia, sellers' rights are very limited. There is some truth to the joke about them only having a driver's license. In legal proceedings, the law, as a rule, sides with the buyer, and throughout the world there is now an opinion that “the buyer is always right.” A refund of money paid for a product is not the worst thing sellers can face. These specialists are not protected from payment of penalties for the sale of products, legal expenses, moral damages and payment of 50% of the cost of the claim in favor of the state. Note that directly the law on the rights of the seller as separate document does not exist. Their rights are stated in the law “On the Protection of Consumer Rights”, and nothing more.

Today it is no longer a secret that some people use this law for their own selfish purposes. Recently, so-called “consumer extremism” has been progressing, from which sellers are practically not protected in any way. This law does not protect them from unfounded claims from the buyer, and no formulations or concepts about consumer fraud and liability for it are reflected there.

It turns out that there is virtually no protection of seller’s rights in our country. In conflict situations between the seller and the buyer, the court almost always takes the side of the latter.

What conflict may the rights of the buyer and seller enter into?

Currently, there is often talk about the spread of “consumer extremism.” Buyers use the law to protect their rights for their own selfish interests, presenting unmotivated claims to sellers and putting forward unreasonable demands. Due to the absence of a law on the protection of seller rights, many enterprises create their own mechanisms to combat customer arbitrariness.

Some organizations are still working on this issue in the early stages of their existence. Before sales begin, they develop a scheme to protect the rights of the seller down to the smallest detail. Are there measures that can protect commercial enterprises from conflicts with customers 100%? I think no. However, in order to minimize risks, many companies inform in advance about the characteristics, requirements for the operation of products and convey to customers other written information (memos, information sheets, sales contracts).

In addition, sellers work with customer complaints and, taking them into account, improve the quality of their work. Many companies and independent specialists join societies for the protection of sellers’ rights, where they exchange experience and knowledge, help each other in solving difficult situations and suggest options for solving problems. In such societies, sellers also find psychological support and help. Unfortunately, not all buyers behave with dignity, often insulting and humiliating sellers. Does the buyer have the right to insult the seller? No, but unfortunately this happens.

Today how retail chains, and single Retail Stores pay increased attention to protecting the rights of sellers. The higher your turnover, the larger the sales amount and the wider the outlet itself, the more unscrupulous customers you risk encountering.

Most sellers are sure that they do not have any rights. At the same time, in their opinion, the law allows the consumer almost everything, but this is incorrect. The seller, like the buyer, has rights. But in order for him to use them, the organization must first build a competent and thoughtful system of interaction between sellers and clients.

So, let's describe what the buyer has the right to demand from the seller. The permissible requirements are indicated in Art. 18 of the Law “On Protection of Consumer Rights”.

If the client finds defects in the product, he can:

demand that the product be replaced with an analogue of the same model (manufacturer and (or) article);
demand that the product be replaced with an analogue from another manufacturer (article, model) with a change in the purchase price;
demand a proportionate reduction in the purchase price;
demand immediate and free elimination of defects in the product or reimbursement of expenses for their own elimination or correction by another person;
refuse to fulfill the purchase and sale agreement and demand the return of the purchase amount.

How to protect the rights of the seller in practice

The seller has the right not to accept certain goods back and not to exchange them for analogues, even if the quality of the purchased product has not been affected during operation. The Decree of the Government of the Russian Federation approved a whole list of products that are not subject to return or exchange.

If the buyer does not pay for the goods taken in installments, the seller has the right to demand it back. The manufacturer may specify a warranty period for the product. If the deadline is not specified, it is set at its discretion by the point of sale.

Let's look at specific examples How the rights of the seller are protected.

Situation 1. The warranty period has expired, but the consumer wants to return the product and receive the money paid for it. Such situations are not uncommon, so you need to know what the seller’s rights are when the buyer returns the goods.

Customers often return products in unusable condition (tattered, with chips, creases, scratches), insisting on a refund. Moreover, during the period of operation, goods often fall in price several times.

Indeed, Art. 18 of the Law allows the buyer to return the funds paid for the goods, including after the expiration of the warranty period. But there is Part 5 of Art. 19 of the Law, giving the client the right to return the goods and money for it only under certain circumstances in the aggregate:

the product must be defective;
the buyer is obliged to discover this defect within two years from the date of sale; thus, if the client makes a claim after the expiration of this period, the seller has every reason to refuse;
The buyer must prove that the defect appeared before the purchase or was caused by reasons that arose before the purchase. To prove that they are right, clients often conduct an examination and present the results to the seller. If the words are not supported by documents, the seller has the right not to satisfy the buyer’s demands.

Setting long warranty periods is unprofitable for the seller, since the protection of his rights may be ineffective.

Situation 2. The consumer has discovered a defect in a technically complex product and wants to exchange it or return the money. What rights of the seller when returning the goods by the buyer apply in this case? Here the moment of return is unimportant - the buyer can bring the goods both during the warranty period and after its completion, but no later than two years from the date of purchase.

There is a list of technically complex goods approved by the RF Government of May 13, 1997 N 575. It includes:

Motor transport and numbered units for it.
Motorcycles, scooters.
Snowmobiles.
Boats, yachts, outboard motors.
Refrigerators and freezers.
Automatic washing machines.
Personal computers with basic peripherals.
Agricultural tractors, walk-behind tractors, walk-behind cultivators.

According to Part 1 of Art. 18 of the Law, the buyer may demand the exchange of a low-quality technically complex product for an analogue or a refund of the money paid for it within 15 days from the date of purchase. Contacting the seller after this period is acceptable if:

the buyer discovers a significant defect in a product (work, service) (the Law states that a significant defect is a defect that cannot be eliminated, or a defect that cannot be eliminated without disproportionate costs, or a defect that is identified repeatedly, or appears again after repair, etc.);
the deadlines for eliminating deficiencies specified by law were violated (under Part 1 of Article 20 of the Law within the minimum period established if the parties did not enter into a written agreement; if there is a written agreement - within 45 days);
The product after repeated repairs cannot be used during each year of the warranty period for a total of more than 30 days.

In other situations, the buyer cannot exchange a technically complex product or return funds for it.

To protect the rights of the seller when the buyer returns the goods, it is better to fix the repair period in a written agreement. The optimal repair period is 45 days.

Situation 3. The consumer demands an immediate replacement of the defective product.

The seller should be guided by Part 1 of Art. 21 of the Law, which allows 7 days for replacement of goods. It may also indicate that additional quality control of no more than 20 days is required.

According to the same article, if the buyer requests an exchange, but the seller (manufacturer, authorized organization or representative of an individual entrepreneur, importer) does not have this moment an analogue for which the product can be exchanged, the exchange must be made within a month from the date of presentation of such a request. That is, the seller receives Extra time for replacement.

If the replacement period exceeds 7 days, the buyer has the right to receive goods from the seller for temporary use (if we're talking about about products with a long service life). The only exceptions are the products indicated later in the article.

Situation 4. The buyer requires an analogue of the product being repaired or replaced.

In Part 2 of Art. 20 of the Law provides a list of goods with a long period of use, for which the replacement requirement does not apply. When explaining to the buyer his rights, the seller must refer specifically to this legislative norm.

Cars, motorcycles and other motor vehicles, as well as trailers and numbered units for them. Exceptions include goods intended for use by disabled people, pleasure craft and watercraft.
Furniture.
Electrical household appliances that are used as toiletries and for medical purposes (razors, hair dryers, hair curling irons powered by electricity, medical electroreflectors, electric heating pads, bandages, rugs, blankets).
Electrical household appliances that are used for heat treatment of products and cooking (household microwave ovens, electric ovens, toasters, boilers, kettles, heaters, etc.).
Civilian weapons, main parts of civilian and service firearms.

Situation 5. The buyer wants to exchange a product that is not suitable due to its size, color, shape, style, color range, configurations. Does the seller have the right to refuse this to the buyer? Yes, however, he must once again familiarize himself with the list of products that cannot be exchanged for the reasons listed in Art. 25 of the Law “On Protection of Consumer Rights”. This list was approved by the RF Government of January 19, 1998 No. 55, and there are quite a lot of reasons why the exchange of goods is impossible. If at least one is present, the seller has the right not to change the product.

Please note that the consumer has the right to exchange the product for a similar one only within two weeks from the date of purchase (counting starts from the next day after purchase). If the buyer requests an exchange after this period, the seller has the right to refuse him, guided by Part 1 of Art. 25 of the Law.

Situation 6. The buyer notices that the product is of poor quality and demands that it be repaired. After submitting the product for repair, the client changes his mind - he wants to terminate the contract and return the funds paid.

Art. 18 of the Law allows the buyer to restore his rights in only one way. In this case it is either repair poor quality goods, or refund of funds paid. The client can change the decision only in situations where the seller has not fulfilled the initial requirements on time, in accordance with Part 2 of Art. 23 Laws.

Answering the question whether the seller has the right to refuse the buyer a refund in this situation, we can say the following: both the buyer and the seller have legally established rights, and if the buyer makes unreasonable claims, the seller has the right not to work with them and refuse in fulfilling the requirements.

Expert opinion

What to do when the client is wrong

Ivanova Elena,

General Director of Kofetut

In the field of trade, no one can avoid conflicts with clients. It is very important here how the seller knows how to work with objections and claims. Great importance has his psychological preparation. Not all sellers can morally withstand a dispute with a consumer. Some behave awkwardly, which often leads to gross mistakes. Someone, on the contrary, acts very harshly, conflicting with the client. Your task as a leader commercial enterprise– prepare employees both psychologically and legally, so that in a conflict situation they feel and behave confidently. This is just as important as training employees in marketing techniques.

4 ways to prevent conflict from developing and not to violate the rights of the buyer and seller

1. Give sellers the right psychological attitudes.

Employees must feel comfortable in any situation, then they will act competently. Your staff must understand that the rule that the consumer is unconditionally right is valid until the latter resorts to threats, insults and unreasonable demands. Does the seller have the right not to serve the buyer? Certainly. As soon as the client enters into conflict, the seller has every right stop service, call security guards or store management.

Explain to staff how important psychological self-defense is and teach it techniques. Organize a short training, tell them that employees should not take negativity from customers to heart. Clients often take out their dissatisfaction on sellers, while subconsciously not wanting to offend them.

Does the buyer have the right to insult the seller? No, but unfortunately this happens. An employee who finds himself in a similar situation must remember the following attitude: “The buyer does not know me personally, and I do not know him either. It turns out that he cannot insult me. Whatever he said, it doesn’t apply to me specifically.” Psychologists also recommend mentally putting some kind of screen between yourself and a rude client. In their opinion, this helps to abstract from the negative. Other methods of psychological self-defense are given in the table.

How to Deal with Difficult People

	Characteristic signs	How to resist
		Don't take insults and threats personally. The duration of anger, if not heated, is about 20 seconds. Wait until the buyer has calmed down and is ready for a calm conversation. The phrase “Calm down” will not help - the client will lose his temper even more. It’s better to say “You’re right” while taking long pauses. This will work better.
	He insists on his own, does not accept objections, and it is very difficult to change his point of view.	It is useless to prove anything and argue in this case. The most effective question is: “What can I do to change your opinion?”
	He looks and talks down, finds fault with the goods and store staff - that is, he asserts himself, humiliating and insulting others.	Usually people who have previously experienced a lot of humiliation turn into boors. Put the boor on the spot by saying “thank you” for his point of view. After a day at work, share your story of dealing with an unpleasant person with your friends. This will smooth out negative emotions.
Impatient	Can't wait, rushes everyone, complains.	Clarify what exactly the buyer wants: you probably do not fully understand each other. Try to do what he asks, and as soon as possible. And add that you are driven solely by respect for his problems and sympathy.
Distrustful	Distinctive features are caution and suspicion. The person does not trust either the information on the packages or your words and demonstrates this in every possible way.	Don't equate his suspicion with disrespect for himself. Do not enter into discussions with such a person, try to take his side and evaluate the problem from his position.
Indecisive	He knows exactly what he would not like, but has no idea what he needs. The easiest way out for him is to refuse to buy, rather than choosing between similar products.	Stay cool. Answer questions clearly and clearly, try not to rush the buyer or advise him of anything. And don’t forget that it’s easier for an indecisive buyer to choose from 4-6 options than from two.

2. Arm your sales staff with knowledge of the law.

In order for the seller to feel confident, he must know what the client has the right to claim and what not. Periodic seminars on the topic of “consumer rights” will be very useful for your staff. During these conversations, you should explain what the seller must do and what he has the right to do.

For example, the client has the right to return or exchange goods within two weeks from the date of purchase. However, there are some subtleties here. Here are the rights of the seller when the buyer returns the goods: the law does not oblige the seller to change the product or return the money paid right away, and this is especially true for goods that are technically complex. If the client demands an immediate return of funds, the seller has the right to refer to Art. 22 and inform that the store can do this within 10 days.

If the buyer conflicts with the seller, demanding to change the product, under Art. 21 of the Law, this right can be exercised within a week. While this period is running, the employee has the opportunity to consult with management and send a complaint to the manufacturer.

If the buyer points out a defect in the goods, the seller should be aware of his right to conduct independent examination(Article 18 of the Law). If the results of the examination show that the buyer is to blame for the damage to the goods, then it is he who bears the full cost of the examination. If a retail outlet sells products with warranty period, then a professional, for example, a warranty specialist or a service engineer, can decide whether to return the money or exchange the product for an analogue - it is he who identifies the causes of problems. Based on the results of the study, the further outcome of the case becomes clear.

Often, product problems are caused not only by manufacturing defects. The reason is incorrect installation, incorrect operation, and poor maintenance. The seller should remember this and if conflicts arise regarding low-quality goods, inform the buyer about the need for an examination.

3. Focus on training your salespeople.

If the seller understands the properties of the product, then, of course, he feels confident, which means he can resolve disputes with consumers with dignity and competence. But don’t expect that all sellers (especially beginners) will themselves understand what your product is, understand its characteristics and operating features. Train your staff regularly, organize special lectures, trainings, and seminars.

Remember how important Feedback. At periodic demonstration presentations, each seller can choose products at his own discretion, tell everything he knows about it, and also give practical advice How to answer tricky questions from consumers.

4. Prepare instructions for resolving a conflict with the buyer.

The seller's knowledge does not guarantee his correct behavior in disputes with buyers. Many people tend to feel embarrassed and lost. You can write and print instructions, reflecting in them a pattern of behavior in a particular case.

The instructions should describe when and how you can solve the problem yourself, and when it is better to contact management or a senior salesperson; whether the buyer has the right to photograph the seller or the product; at what point is the intervention of security guards required; when the client can be asked to write a statement in writing; when to press the panic button. Give a copy of the instructions to each employee.

Also prepare blanks - formulations that sellers will use when resolving conflicts. In disputes, buyers often raise their voices and use profanity, which makes it quite difficult for sellers to understand how to react and what to say. The list of ready-made expressions will significantly simplify the way out of the situation. In addition, sellers will feel more confident.

All of the above measures will bring the desired result only if you train sellers from time to time and check how well they know the instructions and the law “On Protection of Consumer Rights”.

Algorithm of actions in case of conflict with the buyer

Conflict situation	What to do as a seller	How to psychologically prepare a seller
The customer claims that the seller lied to him when providing information about the country of origin of the product or the expiration date.	Provide the buyer with a catalog and offer to read the instructions or information on the official website. If these measures do not have the desired effect, it is worth calling a senior seller.	Tell that many people, due to their personal qualities, do not trust anyone, and the seller should not regard this distrust as a personal insult.
The client is indignant that the store does not give him a discount on his purchase.	Provide a discount card or discount coupon for next purchase. Tell everyone possible options, at which you can get a discount. If all this doesn't work, call a senior salesperson.
The client insists on providing him with special services.	The seller must explain that because of this he risks losing his job, and offer an alternative option. If this does not help, you need to invite a senior manager.	Talk to the seller about people who are convinced that their actions are permissive.
The buyer harshly says that the seller is annoying.	The salesperson should no longer assist the customer. It’s better to say something like this: “If you need my help, I’ll be at the checkout.”	Explain to the seller that not everyone likes to choose a product with outside help. Many people feel more comfortable choosing their own products. The seller must be able to distinguish different categories of people from each other. So, if the question: “Do you need help?” the client answers unkindly and incomprehensibly, the seller should leave him alone.
A drunk customer enters the store, wears dirty, dirty clothes, brings food with him, brings a dog, or behaves inappropriately.	The seller should call the security guards. If there are no permanent security guards, invite the largest employee point of sale. If there is such a need, press the panic button.	Sales staff must know about the presence of a panic button and be able to use it. It is necessary to constantly check the functionality of the panic button.

At the checkout counter in stores, the usual message is heard every now and then: “There will be no change, look for change.” But should the buyer run around all the nearby stalls and whine at each counter: “Change a hundred rubles, please.” Or is this still the job of the seller? And if so, how to force it? The Village addressed these questions to the Society for the Protection of Consumer Rights.

What to do if the seller does not have change?

Tatyana Koshkina

Lawyer of the Society for the Protection of Consumer Rights

The purchase and sale agreement is a public contract, therefore the rules established by Part 3 of Article 426 of the Civil Code of the Russian Federation can be applied to it: “The refusal of a commercial organization to conclude a public contract if it is possible to provide the consumer with the corresponding goods, services, or perform the corresponding work for him is not allowed.” . That is, if they do not take your money from you, but send you to exchange it, this may mean an actual refusal to sell the goods.

The store must have a certain amount of cash that allows it to serve customers more or less painlessly. In accordance with letter of the Ministry of Finance of the Russian Federation No. 104 dated August 30, 2003, the cashier is obliged to give change to the buyer along with the check. And if the cashier refuses to give change, citing lack of money, we can talk about a violation of your rights.

How to defend your rights? There are several options. But, unfortunately, we have to make a reservation that there are no quick ways to force the cashier to give us change. We can only educate them. You can, for example, write a complaint to the territorial division of Rospotrebnadzor. They will be required to conduct an inspection and, most likely, will fine the store management.

You can also resort to a proven method - a book of complaints and suggestions. By law, it is a document of strict accountability; its pages must be numbered and bound, and it must be in a visible place in the consumer’s corner. Write a complaint, leave your phone numbers - within a month the store administration or the Rospotrebnadzor branch should contact you and inform you what measures have been taken.

Legal protection of the rights of the seller. Give sellers the right psychological attitudes

Discussions

Is the seller (cashier) obliged to change money if there is no change? Or just exchange money?

59 messages

If the seller does not have change when paying the consumer

So, the seller does not have change, and he refuses to pay for the goods and sell the goods.

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What to do when the client is wrong

4 ways to prevent conflict from developing and not to violate the rights of the buyer and seller

1. Give sellers the right psychological attitudes.

How to Deal with Difficult People

2. Arm your sales staff with knowledge of the law.

3. Focus on training your salespeople.

4. Prepare instructions for resolving a conflict with the buyer.

Algorithm of actions in case of conflict with the buyer

What to do if the seller does not have change?

Tatyana Koshkina