What happens if I don’t pick up the parcel with cash on delivery from the post office, I live in Belarus, it was sent from Moscow...

Threats from the online store

I ordered sports nutrition in an online store, confirmed the order by phone, but I don’t want to buy it. The online store is threatening... a package for 7950 rubles, just after ordering I tried their food and it made my kidneys hurt and I lost my appetite, I’m not sure about the quality of their food and I don’t want to buy more of this food. Today I receive an SMS “You are kindly requested to pay and pick up the parcel. MuskulSPB” I wrote to them in response that I will not buy anything and I have no money and that I do not work anywhere, and in response I receive an SMS “Your order and correspondence will be sent to the local police department. Your debt is 7950 rubles" I wrote that I am not going to buy anything and will not do what you want, they write to me this: "We notify you that in addition to collecting the debt, the bailiffs will impose an administrative fine on you in the amount of 10 minimum wages for their services, I don’t know what to do, please help, I don’t want to buy it and ruin my health. Thank you! IT WAS THE DAY BEFORE YESTERDAY!

YESTERDAY I WENT TO THE POST OFFICE AND WRITE A REFUSAL STATEMENT FOR THE PACKAGE! THAT MEAN, I REFUSED IT! PLEASE TELL ME, BY LAW I DO NOT HAVE TO PAY ANYTHING?!

But, since you did not pay for the goods, the seller can only claim payment for the delivery of the goods back from the consumer. Therefore, you should not have refused to receive the parcel, but sent it back, having paid for the delivery of the goods to the seller; at this point, all material issues would have been settled, and the seller would not have the right to make any legal claims against you. In the meantime, he has the right to demand that you only pay for the delivery of the goods back. So never mind, all the store’s threats are baseless and designed to intimidate consumers who do not know their legal rights. If you receive a notification about payment for shipping the goods back to the seller, pay and the issue will be closed.

Thus, you have the right to refuse the goods you ordered both before it is delivered to you and after delivery (receipt at the post office). The seller has no right to insist that you accept the goods and pay money for it.

However, if you nevertheless refused the goods after the parcel with it arrived to you by mail, in accordance with clause 4 of Art. 26.1 of this law, you must reimburse the seller for his costs of delivering the returned goods (i.e., postage costs), if the seller makes such a demand.

Russian Post fine for storing and sending back

The storage period for postal orders and written correspondence, which also includes international small packages, is 30 days.

Other postal items - 15 days, unless a longer storage period is provided for in the contract for the provision of postal services. Items marked “Judicial” are stored for 7 days.

The calculation of the storage period begins from the next working day of the postal service following the day of receipt of the item or postal order at the place of delivery.

The storage period for registered mail items can be extended for up to 2 months from the date of receipt at the department using an additional service.

To do this, the addressee (or his authorized representative) must submit to the department where parcels or letters are received at his address, a written application indicating passport data.

When a shipment arrives at the department, postal service employees bring a notice to the addressee, according to which the addressee

How long is a parcel stored at Russian Post before being returned - terms and rules

» Online shopping is becoming more and more diverse. Most stores send orders by Russian Post.

Anyone may find themselves in a situation where receiving mail is impossible for objective reasons (hospitalization, business trip).

How long will the long-awaited purchase be stored and how to extend the shelf life?

The advantage of this delivery is its low price compared to other types.

Let's take a closer look at the rules for postal items by Russian Post. They come in several types. No. Name Types Weight 1 Letter written message

Post office. Package. Penalty for storing parcels

Hello! .essentially, I found an already existing answer to my question on your website, but nevertheless, I still don’t understand everything from it.

I have been buying parcels by cash on delivery for over 4 years now, in large quantities and often. I have never had any problems with any penalties (often even my parcels lie in the mail for a month and I also write an application for them to be held for a month due to my frequent departures , that is, some parcels lay in the mail for two months.

and then suddenly I came for the next accumulated parcels at the post office and they told me, now you will pay not only the cost of the parcel + shipping delivery note, but also the accumulated debt for each parcel!!! this has not happened since birth, and now suddenly, out of nowhere, such a law has appeared that for such a scheme. The state has already, well, infringed on everything. It even got to the post office. And since they know me at the post office well, I come often, they never send second notices. Why earlier

Lawyers' answers (3)

Good afternoon, Aigul. Could you explain exactly what product you ordered, whether it has individually defined properties, and can only be used by you. Also, can you explain whether you have already made payment, and whether the Seller has sent you information about the possibility of returning the goods.

Client clarification

The product is a course for the development of speech in young children, no payment was made. About the possibility of returning the product - it was indicated that if you are not satisfied with the product, after receiving it at the post office, you can send it back and get the money spent back. But according to reviews, many who sent back the goods received back only a small part of the money spent

07 May 2014, 14:06

Have a question for a lawyer?

Article 440 states:

Conclusion of a contract on the basis of an offer defining the period for acceptance

When the offer specifies a period for acceptance, the contract is considered concluded if acceptance is received by the person who sent the offer within the period specified in it.

According to your case, yes, they can file a lawsuit under this article.

If you don’t want to buy the order, then you need to wait until they file a statement of claim in court, and then you will write a response to the court, and it depends on their evidence, what the response will be

any product without explanation within 7 days after delivery . When selling goods remotely, the List of goods that cannot be exchanged or returned does not apply

The only limitation is that you cannot return a product made to order (according to individually defined characteristics) if there are no defects.

Another condition is that the product must not have signs of use, labels and seals must be preserved, and the packaging must be preserved.

Since the online store is a remote method of sale, special rules apply to this method of sale. These rules are regulated by Article 26.1 of the Federal Law “On the Protection of Consumer Rights” , as well as the “Rules for the sale of goods by remote means”, approved by Decree of the Government of the Russian Federation of September 27, 2007 No. 612.

At the time of delivery, along with the goods, the buyer must be provided with a written reminder of the right to return the goods within 7 days. If such a reminder was not provided, the return period increases to 3 months .

Accordingly, if you have already paid the amount for the product, I advise you to receive it by mail, if the return period within 7 days is still possible, return it, if there was no reminder about the right to return the product, even more so. At the same time, I advise you to write a proper claim for the return of the goods. Indicate your possibility of filing a claim in court for compensation for moral damage.

Answers from lawyers (8)

a consumer, purchasing any product “through” an online store (remote sales method), by virtue of Article 26.1 of the Law on the Protection of Consumer Rights, has the right to refuse it ( with the exception of goods of appropriate quality, made “to order”; according to individually determined characteristics ) at any time before its transfer , and after the transfer of the goods - within 7 days (regardless of the reasons).

4.The consumer has the right to refuse the goods at any time before its transfer, and after the transfer of the goods - within seven days.

If information on the procedure and timing for returning goods of proper quality was not provided in writing at the time of delivery of the goods, the consumer has the right to refuse the goods within three months from the date of delivery of the goods.

Return of a product of proper quality is possible if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified product are preserved. The consumer’s absence of a document confirming the fact and conditions of purchase of the goods does not deprive him of the opportunity to refer to other evidence of the purchase of goods from this seller.

The consumer does not have the right to refuse a product of appropriate quality that has individually defined properties if the specified product can be used exclusively by the consumer purchasing it. If the consumer refuses the goods, the seller must return to him the amount of money paid by the consumer under the contract, with the exception of the seller’s expenses for delivery of the returned goods from the consumer , no later than ten days from the date the consumer submits the corresponding demand.

GARANT system: base.garant.ru/10106035/2/#block_18#ixzz3U6doYGCr

Sincerely, Elena

Client clarification

Can you do it in your own words?) I understand that I don’t have to take it. In this case, will I have to pay something to the store?

And is it necessary to somehow notify the store that I will not pick up the parcel? Or is the package not received automatically returned to the store?

16 May 2015, 03:14

Returning a parcel after opening

The recipient can open the box and check the quality of the arrived goods only after paying for the parcel. However, if upon receipt, based on any external signs, a citizen determines a possible defect or discrepancy, then together with the post office employees a report is drawn up and the parcel is opened.

In this case, payment for the order is not charged to the recipient until the inspection is carried out. If, after checking, it turns out that everything is in order with the goods, then the cash on delivery amount will be charged, and the act itself will be cancelled.

A conscientious seller can include an inventory of the contents in the parcel and use the Russian Post service to list the contents. In this case, the parcel is also opened together with the postal worker, and payment is made after checking the contents of the parcel.

If, after inspection, it turns out that the product has a defect, a shortage or an unauthorized replacement, then the postal employee draws up a report, which is signed by the manager and the postal employee who opened the parcel, as well as by the addressee. Then the goods are returned to the receiving post office for delivery to the sender.

To make sure that the seller did not commit a fraudulent act by sending a completely different product, many buyers open the parcel immediately after paying at the post office. However, this will not help restore justice immediately, and the post office employees will not be able to accept a claim for cash on delivery. In this case, only contacting law enforcement agencies will help to identify the fact of fraud.

If the contents of the parcel do not correspond to the order

Despite the apparent attractiveness of shopping in online stores, the difficulty of choice for customers lies in the lack of opportunity to examine the product and evaluate its quality. The basis for making a decision to purchase is only the photographs and description of the object presented on the seller’s website.

Therefore, consumer rights are protected by a law with the appropriate title. According to the Federal Law “On the Protection of Consumer Rights” (Article 26-1), the consumer has the right to refuse the product within seven days after receipt. If the contract between the seller and the buyer did not initially establish possible return periods, then the maximum period for the client to make a decision to refuse is 3 months.

Read more: Can a civil servant be a deputy?

Good quality product

Goods that are returned not due to poor quality or defects must retain their presentable appearance and original properties at the time of sending to the seller. At the same time, the buyer of a cash on delivery parcel must retain documents confirming the fact of sale - checks, receipts. If the client does not have such documents, he has the right to prove in other ways the fact of purchasing the property from a specific seller.

The procedure for returning a parcel by cash on delivery to the online store consists of three stages:

1. notification to the seller of the intention to return the goods;
2. drawing up a return application;
3. forwarding the goods to the seller.

Attention

The fee for sending money back to the buyer is paid by the seller.

It is prohibited to return products made to order or intended for personal use.

Defective product

If the purchased item does not meet the consumer’s quality expectations, he can expect one of the following compensation options from the seller:

• elimination of defects at the expense of the company;
• reimbursement of the buyer's expenses when eliminating defects independently;
• proportional reduction in the original cost;
• replacing the product with a similar one, but of proper quality;
• replacement with a similar product with recalculation of its cost (additional payment by the client or refund of the remaining amount).

Additional Information

The main thing is to act in accordance with the law and comply with established deadlines. In this situation, the post office acts only as an intermediary between the parties to the transaction. The duties of the employees include accepting payment and issuing the parcel cash on delivery to the client on behalf of the sender.

Have a question for a lawyer?

if this is not a “made to order” product, you don’t have to pick it up; The seller may request reimbursement of “delivery costs for returned goods”

Sincerely, Elena

Have you already paid for the item itself? If yes, then the online store can refund your money, except for shipping costs.

Law on Consumer Protection":

If the consumer refuses the goods, the seller must return to him the amount of money paid by the consumer under the contract, with the exception of the seller’s expenses for delivery of the returned goods from the consumer, no later than ten days from the date the consumer submits the corresponding demand.

The parcel will be sent back if you do not pick it up, but I think it would be better to send them a letter of termination of the contract.

Client clarification

Yeah. Is this letter drawn up according to the form or should I just write to the store that I won’t pick up the parcel?

16 May 2015, 03:28

Write in a simple form that you are refusing the product. Let me remind you once again that they have the right to demand from you the costs of shipping the returned goods.

The parcel will be stored at the post office for 30 days.

You should receive two email notifications that your package has been received. Moreover, the second must be handed over against signature. If the parcel is not picked up within a day, then a storage fee may be charged. This fee will be paid either by you (if you decide to pick up the parcel) or by the sender (when returning the parcel).

Thus, when returning a parcel, its sender will have to pay:

- fee for storing the parcel at the post office,

— cost of return shipping.

(Ministry of Telecom and Mass Communications of the Russian Federation, order dated July 31, 2014 No. 234 on approval of the rules for the provision of postal services)

Naturally, these expenses will then be collected from you by the seller. (Law on the Protection of Consumer Rights)

To pay less for the costs of storing a parcel at the post office, you can go there and issue a refusal of the parcel.

Good day, Elena! Of course you can - this is your right by law - you have the right to refuse goods ordered via the Internet either before receiving it or within 7 days after receiving it!

Is this letter drawn up according to the form or should I just write to the store that I won’t pick up the parcel? Lena

Yes, can you not make up anything? What is the point? In any case, it will remain in the mail for 30 days and no one will send it back before that, so I would not waste time on useless correspondence!

Will I have to pay anything to that store? Lena

I understand that you have not paid for this product yet. According to the law, as colleagues have already said, pay for the shipment of goods from you to them. If you do not pay, theoretically they have the right to sue to recover the amount of money from you for the shipment. In practice, this is unlikely (who would sue a person from another city for the sake of 500 rubles, or even less?).

If you ordered a product without any confirmation, i.e. you just ordered it on the website and they didn’t call you or write to you, but just sent it - even if they go to court to prove that it was you who ordered the product and YOU are obliged to pay for delivery, it will be unrealistic!

I hope that my answer was useful to you, if necessary, please contact me! Sincerely, A. Sayapin!

in practice this never happens! The postman simply sends a notice to the mailbox and that’s it!

If the parcel is not picked up in a day, then a fee for its storage may already be charged Rakitin Alexey

This is only possible if the notice is handed in against signature; again, such cases are unique and the recipient is not required to sign this notice!

Amount of fine for not accepted parcel

If the parcel is paid for, then after a month of storage, when you pick it up, you will have to pay a penalty for storage. For my parcel, worth about 3 thousand, weighing a couple of kilograms, I paid a fine of 150 rubles, so it’s better not to delay receiving it.

In my opinion, if you don't receive the package, you won't have to pay. The sender also counts on such moments.

These are the features and costs of online business. But I would like each customer to think carefully beforehand and then order the product. After all, when sending it, in addition to the costs, the contractor’s employees—the seller and the postal workers—worked in vain.

No, it will not. Even if the parcel is with cash on delivery. It will stay at the post office for a month and go back with a note, for example, “The addressee has left.”

There will be no fines or sanctions for you. But if you bought it in a store, it can blacklist you.

Russian Post faces new fines for delayed parcels

Recently it became known that Russian Post is facing further fines for delayed parcels.

However, it should be noted that the relevant Ministry of Telecom and Mass Communications proposes to impose a more lenient punishment for such a violation. There are even options to impose fines on them much lower than those proposed by the Code of Administrative Offenses.

It should be noted that these amendments propose introducing a fine for officials - from 500 to 1,000 rubles, as for legal entities, the amount should be from 5,000 to 10,000 rubles.

However, it was also noted that for the loss of registered mail, fines will range from 1.5 to 10 thousand rubles, depending on whether they are officials or legal entities. Do not forget that the standards for delivery times are approved by the government of the Russian Federation.

If we take as an example the sending of correspondence by land transport, we can see that they are approximately 40 days (From Vel.Novgorod to Petropavlovsk-Kamchatsky). However, shipment within one city should not exceed more than three days.

It should also be noted that in addition to postal services, you can use the Internet resource, where submitting an ad will not take much time from users - quickly and conveniently.

However, original documents cannot be sent via the Internet, so you have to use the postal service.

It is worth mentioning that at the moment Russian Post employees are also responsible for delivery delays and loss of parcels, which happens quite often. In this case, operators pay a penalty in the amount of 3% of the fee for the forwarding service for each day of delay, but the fine cannot exceed the cost of the service itself.

But there is another point - the law “On Postal Services” states in bold and white that the Russian Post is not responsible for the loss and damage of parcels and for violation of their delivery deadlines, but only if it is proven that the fault was - “force majeure circumstances or properties attached by the mail sender.”

Let us remind you that such delays today number in the thousands, as Marina Goncharova, head of the postal directorate, tells Business FM: “And in the current federal law there are administrative fines, penalties, our responsibility to the client, both in case of loss of a postal item, or part of it, or and in case of violation of deadlines. So nothing new has appeared in the proposed law, some approaches, amounts, and so on have changed.” Russian Post has been fined more than once for late delivery of items (Part.

3 tbsp. 14.1 Code of Administrative Offenses of the Russian Federation. – maximum punishment from 1 to 40 thousand rubles, depending on the individual, official or legal entity). In the month of October 2012 alone, they were fined several times under this article.

For example, 35 thousand rubles for a letter from one of the residents of the city of Ufa reached the reception of the President of the Russian Federation only after 8 days, although it should have been in 4. However, this does not mean that the courts are always on the side of clients -

“In October, the Supreme Arbitration Court of the Russian Federation, when examining the conflict between Russian Post,

and the Volzhsky Electromechanical Plant sided with the post office. The plant demanded compensation for damages in the amount of 500 thousand rubles for the fact that electrical appliances sent by mail were destroyed during the fire.

And the Supreme Arbitration Court came to the conclusion that the postal operator has a limited amount of liability, which excludes full compensation for losses.” Also, do not forget that these delays also occur due to other reasons - the number of parcels is growing, but a large number have to be sent by ground transport.

If we take the indicators for 2010 - “The share of railway transport in the transportation of correspondence has decreased from 49% to 36% since 2010, the share of aviation is about 7%. Road transportation, which Russian Post carries out independently, accounts for 57% of the total volume.”

Source: https://vlad-expert.ru/velichina-shtrafa-za-ne-prinjatuju-posylku-10309/

Will I face a fine if I don’t pick up a parcel sent by cash on delivery at the post office?

Good afternoon, please tell me, can I not pick up a parcel at the post office sent by cash on delivery, and will I face a fine or any payment for delivery or storage for this? I ordered a bag from an online store, the package is already waiting for me at the post office, but I changed my mind about picking it up because... I found the same one much cheaper. However, the employees of this store call me, call me a fraudster and threaten to charge me a fine of 7,000 rubles if I do not pick up the parcel. Tell me, do they have such a right and what will happen if I just ignore them and don’t come for the parcel?

Possible reasons for parcel refusal at the post office

In order to cancel receipt of a shipment, no special reasons are needed, but you should still figure out when such a need arises. Thus, a number of reasons are identified that lead the client to refuse to receive the incoming parcel:

• the product took too long and became irrelevant;
• the box contains the wrong product that was planned to be ordered, or its condition does not suit the customer;
• the buyer is not physically able to visit the branch on time to pick up the goods;
• There is no money to receive the box, because you need to pay the full cost that the sender imposed upon registration.

The parcel can be returned at any time until the customer has paid for it, and this possibility remains even if there is an item inside that cannot be returned by law.
First of all, this is possible because the postal service does not involve the disposal of goods, and the company is not responsible for what is inside. In addition, until the buyer receives the shipment and pays for it, the purchase and sale transaction remains incomplete. In the second case, the seller remains the owner of the contents, and he cannot make any claims to the person who did not pick up the goods. However, such an opportunity exists in terms of delivery, because the sender paid for it, and as a result of the refusal, he suffered material damage.

READ Sample of the correct drafting of a power of attorney to receive a parcel at the post office

Have a question for a lawyer?

hello, you don't have to pick up the parcel; The seller may request reimbursement of “delivery costs for returned goods”

Art. 26.1 PZPP: ... The consumer has the right to refuse the goods at any time before its transfer, and after the transfer of the goods - within seven days. If information on the procedure and timing for returning goods of proper quality was not provided in writing at the time of delivery of the goods, the consumer has the right to refuse the goods within three months from the date of delivery of the goods. Return of a product of proper quality is possible if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified product are preserved. The consumer’s absence of a document confirming the fact and conditions of purchase of the goods does not deprive him of the opportunity to refer to other evidence of the purchase of goods from this seller. The consumer does not have the right to refuse a product of appropriate quality that has individually defined properties if the specified product can be used exclusively by the consumer purchasing it. If the consumer refuses the goods, the seller must return to him the amount of money paid by the consumer under the contract, with the exception of the seller’s expenses for delivery of the returned goods from the consumer, no later than ten days from the date the consumer submits the corresponding demand.

Hello, Ekaterina Viktorovna! No monetary penalties can be brought against you. Art. 26.1 Law of the Russian Federation dated 02/07/1992 N 2300-1 “On the protection of consumer rights”

4. The consumer has the right to refuse the goods at any time before its transfer , and after the transfer of the goods - within seven days.

zakondostatka.ru

good afternoon, I ordered cosmetics on the Internet, then I found out that they don’t suit me, I don’t want to pick up the parcel from the post office, but from the site they send me threats that they will sue me if I don’t pick up the parcel, can they apply to me? or sanctions???

July 11, 2021, 15:48, question No. 1310957 Elena,

St. Petersburg Online legal consultation Reply on the website within 15 minutes Answers from lawyers (2) 110 answers 20 reviews Chat Free assessment of your situation Lawyer, Krasnodar Free assessment of your situation Hello, Elena! In accordance with paragraph 4 of Article 26.

1 of the Law on the Protection of Consumer Rights, the consumer has the right to refuse the goods at any time before its transfer, and after the transfer of the goods - within seven days.

If the consumer refuses the goods, the seller must return to him the amount of money paid by the consumer under the contract, with the exception of

Receive your parcel by cash on delivery! Refusal!

I ordered goods online, with cash on delivery upon receipt at the post office in the amount of 6,000.

The goods have already been sent and will soon be delivered to the post office.

But the problem is that I changed my mind about receiving the package for personal reasons.

Tell me, what will happen to me if I just don’t go get it? Can any authority issue me a fine for this (the post office or the online store itself)? Is it necessary to do something specific in this situation or just score and that’s it?

What happens if you don’t pick up a parcel ordered by cash on delivery from the post office?

I ordered a parcel online via cash on delivery, for example, for 1000 rubles. What happens if I don't pick it up? I know that in 30 days it will be sent back and I will be blacklisted on the customer’s website, but I would like to clarify whether they can give some kind of fine for this, etc. In general, if I don't pick up the package, will I have any problems with the mail?

And one more question: after a parcel sent by cash on delivery has been in the mail for more than 5 days, the addressee, in order to pick it up, will also have to pay for its storage. That is, starting from the 5th day, storage of the parcel becomes paid. As a result, interest accrues every day for this storage. Question: how much interest does this storage cost?

How to refuse a parcel by cash on delivery?

From the point of view of protecting the rights of both parties to the transaction - both the buyer and the seller - purchasing goods remotely has great risks. Because of this, and also because of the popularity of this method of making purchases, various disputes often arise between the parties to the transaction.

One of the topics of debate is the redemption of a parcel that is sent by mail with cash on delivery. It is important to know what rights the buyer and seller have in this case, whether there are legal grounds for refusal and what the consequences may be.

How to refuse a parcel by cash on delivery?

Reasons for refusal to receive a parcel by the buyer may be the following reasons:

• there are doubts about its contents (for example, if a large item was ordered, but the size or weight of the box indicates otherwise);
• the cost of the parcel does not correspond to the price of the goods at which it was purchased;
• the buyer simply changed his mind about purchasing the order or is unable to do so (went to another city, is in the hospital, etc.).

The procedure for refusing a cash on delivery parcel can be carried out in two ways:

1. The buyer can come to the post office and refuse to receive the parcel in writing or put a corresponding mark in the notice. The basis for this will be clause 45 of the Rules for the provision of postal services, which were approved by Decree of the Government of the Russian Federation No. 221 of April 15, 2005. In this case, no payment will be required from him, and the goods will be sent back to the seller.
2. The buyer can simply ignore the notification from the post office and not show up to receive the parcel. After a certain period (about a month), the goods will be sent back. Moreover, even if the recipient received a notification about the parcel and signed for it, this does not impose any additional obligations on him.

Of course, the first option will be more honest and fair towards the seller, but the second method of behavior is also completely legal. However, in each of these cases, certain consequences may occur for the buyer.

To whom should I return the parcel with cash on delivery?

The parcel is returned to the sender at the address indicated on it. This happens regardless of the return method - both in the case when the parcel is returned by postal employees, being unclaimed for a month, and in the case when the buyer decides to independently return it to the seller. The parcel is returned regardless of the country of destination - be it to Russia, Belarus, or China.

Read more: Sample act of transferring an object for work to a contractor

If a clear return address is not indicated directly on the parcel, you should contact the resource where the purchase was made. Typically, the site rules indicate the return address to which returns are accepted. Responsible sellers usually include an information sheet with such information directly in the parcel itself. If you have difficulty finding information, contact a store representative or the seller directly.

Possible consequences of failure

To avoid litigation, warn the seller about the refusal

The only legal action the seller can take is filing a lawsuit. Since ordering goods remotely is a special way of concluding a purchase and sale transaction, its parties have certain rights and obligations.

The buyer, although he has the right to refuse to purchase the item, is still obliged to reimburse the seller for the cost of its delivery.

In accordance with clause 20 of the Rules for the sale of goods by remote means, approved by Decree of the Government of the Russian Federation of September 27, 2007 N 612, a transaction for the retail sale of goods by remote means is considered concluded from the moment payment has been made or the seller has received an order from the buyer for its purchase . Therefore, if the seller has evidence of the order, he can recover from the buyer the costs incurred by him.

However, in practice this option almost never occurs. This is due to the fact that the cost of shipping is not so high, so not a single more or less reputable store will sue over such an amount.

If the seller works according to a cash on delivery scheme, the risk that the goods will not be purchased should be included in his expense item or included in the cost of the item itself. But besides the threat of possible litigation, other consequences are possible:

1. Including the client in the store's blacklist. Not everyone has such lists, but most sellers still practice compiling them. It includes all clients who have not fulfilled their obligations to the seller. In the future, this may result in the store simply not cooperating with such a client and even transferring data about him to other sellers.
2. Selling debt to collectors. This method is not entirely legal, but is practiced by some stores. Its essence is that employees of a collection agency call an unscrupulous buyer and demand the purchase of the parcel, threatening or insulting him. Of course, all this is illegal and does not pose any particular threat, but there is also little pleasant in it.
3. Restriction on future transactions. When further placing orders in this store, the buyer may be required to make an advance payment and even reimburse postage costs for the previous parcel.

But all these risks are not particularly great and are most often applied only to those buyers who have not purchased the parcel more than once.

Useful tips

The need to refuse a parcel by cash on delivery may arise for any, even the most responsible buyer. To act in this situation legally and fairly in relation to all parties to the transaction, you need to adhere to the following rules:

1. It is worthwhile to notify the seller as quickly as possible about the refusal to repurchase the parcel and explain the reasons for this. Of course, this won’t save him from shipping costs, but at least he won’t have to pay for postal services to store the goods.
2. Another way to protect the seller from additional expenses is to go to the post office and write a refusal to receive the parcel. In this case, it will be sent back immediately, and you will also not have to pay the cost of storing it.
3. It is better to buy goods with advance payment and at the moment when you have money for it. In this case, the risks are transferred to the consumer, but if the transaction is made with a large and reliable online store, their level is low.

It is important to remember not only your interests, but also those of the seller. In order to safely make purchases online in the future and not be afraid of a lawsuit or threats from debt collectors, it is better to try to fulfill your obligations or at least notify the store of your reluctance to buy the parcel.

A way not to redeem a parcel that is processed through cash on delivery

If a scammer is trying to convince you to pick up an item from the post office, you can safely ignore his words. Such people take advantage of the fact that many citizens have very vague ideas about the laws. Therefore, it is easy to confuse people by making a stern voice and talking about “serious consequences.”

Of course, the store can sue and demand a refund of the money paid for delivery. However, if you are dealing with large networks or scammers, then it is unlikely that you should worry about this. Legal costs will exceed shipping costs, and the proceedings will take an unreasonably long time.

In order to be guaranteed to collect funds according to the law, you need to enter into an agreement with the client. Rarely anyone does this. Screenshots from correspondence are unlikely to be sufficient confirmation that the seller is right.

For most people and organizations, it will be easier to turn a blind eye to the current situation. Even citizens deceived by scammers often do not go to the police, just to avoid wasting their time and nerves. Which is what attackers usually take advantage of.

If you are dealing with a reputable seller, the following options are worth taking:

If you do not want to pick up the delivered goods, then in the vast majority of cases no one will force you to do so. Therefore, do not be afraid of phone calls and threats. Just in case, you can record conversations and also record the time of communication. These materials will come in handy later if you want to file a report with the police or go to court.