The rights of buyers, if the goods they purchased turned out to be of poor quality, are protected by the law “On the Protection of Consumer Rights”. If these facts are discovered, they should contact the trading organization with a claim and justify their demands to replace the product with a quality one or return the money paid for it.
A receipt or other payment document will serve as confirmation of the purchase of goods from this particular seller. If the applicant's demands are justified, his requests will be granted.
If the parties to this conflict cannot agree among themselves and a dispute arises between them, then it will have to be resolved in court. You should also know that the law allows the buyer to return quality goods. In what cases is this possible?
Stages of transition to the circulation of labeled tobacco products
According to Government Resolution 792r dated April 28, 2018, the deadline for introducing mandatory labeling of cigarettes with identification means was set as March 1, 2021. It was not clear how to interpret this date. Is it possible to sell unlabeled cigarettes after this date? What to do with leftover unlabeled products? And recently we received clarification on the procedure for transition to mandatory total labeling of cigarettes. It is divided into several stages.
- Stage 1. Connection of tobacco product manufacturers to the tobacco labeling information system, installation and configuration of equipment for applying control identification marks to products. This phase will last from March 1, 2021 to July 1, 2021. During this period, manufacturers will produce both labeled and unlabeled tobacco products.
- Stage 2. Cessation of production of unlabeled products. Retail sale of labeled tobacco products through on-line cash registers with mandatory transmission of the labeling code to the OFD. At this stage, which will begin on July 1, 2021, the retail segment and wholesalers will stop receiving unlabeled products from manufacturers and will sell off their remaining stock.
- Stage 3. Connection to the tobacco product traceability information system of wholesale trade enterprises. A complete ban on the circulation of unlabeled tobacco products, including unsold stock. July 1, 2021.
At the final stage, it is planned to expand the labeling not only to cigarettes and cigarettes, but also to all tobacco products - tobacco, cigars, cigarillos, etc. Also at this stage, the state plans to abandon the use of excise stamps on tobacco products in favor of control identification markings.
Returning washing powder of inadequate quality (defective)
A product of poor quality or defective is considered to be one that has deviations from the normal one.
Marriage if
- There are deviations in appearance from normal, or the equipment is not complete;
- There are shortcomings due to which the washing powder is not able to satisfy the expected needs of the buyer;
- There are shortcomings that prevent the product from fulfilling its direct functional purpose;
- Characteristics differ from those stated in the accompanying documentation;
- The parameters do not correspond to GOST or TU, according to which the goods were produced.
Reasons for return
There are different types of marriage.
| View | Description |
| Ordinary | The quality of the product does not meet the standards established for it |
| Essential | Defects are difficult to remove and may require a high investment of time and money |
| Explicit | This type of defect is detected during a routine inspection. It is also detected at the technical control stage |
| Hidden | This type of defect is discovered during the operation of the product or during long-term storage |
Any of the above types of defects allows you to return the washing powder to a store or other retail outlet.
However, it is not possible to return the goods in the following cases:
- If the defect arose due to the actions of the buyer;
- If the buyer was informed in advance about the existing defects;
- If the warranty period has expired.
The warranty period is the period during which the manufacturer or seller provides the buyer with the right to return a defective product. It is installed on each item separately, depending on the characteristics of a particular product and legal requirements.
The warranty period includes:
- warranty from the manufacturer - which is established by the manufacturer in accordance with the law (for example, in GOST);
- warranty from the point of sale - which must be no less than the period specified by the manufacturer.
The buyer can return the product within two years after purchase, even if the warranty period has expired. However, this requires serious reasons. And the return procedure in this case will be complicated.
Buyer's rights
If the washing powder is of inadequate quality, that is, violations and defects are identified, then according to Article 18 of the Law “On Protection of Consumer Rights” the buyer has the right to a number of demands.
The buyer has the right to:
- To return and receive money;
- To exchange the product for a new one with the same declared characteristics;
- To carry out repairs free of charge;
- To exchange for a product with other characteristics with payment of the difference in price
- By agreement of the parties, a reduction in the price of the product equal to the amount of the defect found.
It is important to consider that the choice of one of the above items should be made by the buyer, but not by the seller.
Procedure
If after purchase a defective washing powder is discovered, the first thing the buyer should do is contact the seller. At the initial stage, you should try to come to an agreement with him verbally, but if nothing works out, then you need to move on to serious action.
Which tobacco products are subject to labeling with control identification marks?
According to the draft government resolution, the HS group 2402 20 (cigarettes containing tobacco) falls under mandatory labeling. In addition to cigarettes containing only tobacco, this heading includes products prepared from mixtures of tobacco and tobacco substitutes, regardless of the ratio of tobacco and tobacco substitutes in the mixture.
According to OKPD2, this group falls under code 12.00.11.130 - “Cigarettes”.
Also included in the labeling is group OKPD2 12.00.11.140 – “Cigarettes made from tobacco or tobacco substitutes.”
So far excluded from the labeling are cigars, cigars with cut ends and cigarillos (thin cigars) containing tobacco, cigarettes made from tobacco substitutes, for example (“smokes”) “cigarettes” made from specially processed leaves of a variety of lettuce that does not contain any tobacco , no nicotine.
This heading also does not include medicinal cigarettes (HS group 2402 30). However, cigarettes containing certain types of products formulated specifically for smoking cessation, but which do not have medicinal properties, are still classified in this heading and are subject to mandatory marking with control marks.
Formation of assortment
When forming the assortment of a tobacco shop, you should offer potential buyers the widest possible range of cigarettes, including products from at least three of the most popular manufacturers - Philip Morris, British American Tobacco and Japan Tobacco International.
The most popular brands of cigarettes in Russia at the time of publication of the article, which must be present in the product line of any tobacco shop:
- Winston Blue
- the most popular cigarettes in the country for several years, the sales locomotive of the JTI concern. “Blue Winston” accounts for 3.6 percent of total sales of traditional paper cigarettes in Russia.
- Rothmans Demi
– 2.9% of the total cigarette market, popular mainly due to its low price. They will be in demand in residential areas with low purchasing power.
- WinstonXStyle Blue
- again Winston, and again JTI, and a share of 2.8% in the Russian market. It is popular among smokers due to its reduced odor after smoking.
- Paliament Aqua Blue
- despite the higher price compared to its competitors, it makes good sales to the Philip Morris concern. “Two and three” percent on the country’s tobacco market.
- Philip Morris compact premium mix
– cigarettes with so-called “buttons” that add specific flavors when smoking. Share of sales - 2.2%.
In addition to traditional cigarettes, it is also necessary to take into account the trend of many consumers switching to electronic cigarettes. The most popular product, Heets Purple for IQOS devices, is now surpassing even the leaders in the “tobacco” market, blue Winston, in terms of sales volumes. These products occupy 4.8% of the tobacco products market, that is, every twentieth buyer of tobacco products chooses purple sticks, which must be taken into account when forming an assortment.
Also, a tobacco shop can generate additional income from the sale of related products, such as lighters, chewing tobacco (snus) and hookah tobacco.
How is the owner of labeled products changed in the Markirovka IS?
IS “Marking” receives and records information on the movement of marked cigarettes only between different legal entities, without taking into account internal movements within the same company. Information about the transfer of tobacco between legal entities is transmitted to the system by the electronic document management operator when processing legally significant documents. The list of control identification marks from cigarette packs must be written down in the “INFPolFKhZh2” field of the tabular part of the universal transfer document (UDD). Signing the UPD with your electronic signature is a fact of acceptance for your balances in the Markirovka IS of the list of product codes contained in this document.
For the retail segment, the main way to write off such products from balances in the labeling system will be to send an electronic cash register receipt containing the labeling code in tag 1162 “Product code”. Also, such products can be returned to the supplier or sold in bulk, indicating the full list of labeling codes in the electronic document.
Thus, there is no need to provide any special reports or documents to the Markirovka IS; all information about the turnover of labeled products is transferred to the system by EDI and OFD operators.
The deadline for signing the UPD is no more than three working days from the date of receipt of tobacco products, but no later than the date of transfer to third parties (sale through the cash register, wholesale or return). Thus, three working days are given for acceptance, inspection and processing of labeled products. Tobacco products that are not accepted according to documents cannot be sold, moved or returned.
What is vaping?
A vape is an electronic cigarette, when smoked, a person inhales not smoke, but a special smoking mixture, for the preparation of which propylene glycol, nicotine, glycerin, water and aromatic additives are used. Some varieties of vaping do not even contain nicotine.
When trying to get rid of a bad habit—smoking, which has become an unpopular and expensive activity that can significantly shorten a smoker’s life—when using a vape, he inhales steam instead of smoke.
As a product, an electronic cigarette does not belong to tobacco products (letter of the Ministry of Revenue dated July 4, 2014 No. 4403/b/99-99-21-03-14), it is an ordinary product for clothing purposes, like a battery-powered watch, a flashlight, etc. electronic items that are not technically complex.
On the other hand, when used, the electronic device comes into contact with the smoker’s mucous membrane, so such a product can be classified as an individual product or as a means of personal use - for example, like a toothbrush.
Will labeled tobacco have its own EAN barcode?
This issue is related to the need to monitor the work of cashiers. If you scan bar codes from goods for which marking has been entered, the cash register program will not allow you to perform the following actions with the receipt until the cashier scans the marking code. According to this principle, many stores now work with EGAIS - the cashier scans the barcode from the alcohol, then the system prompts him to scan the code from the excise stamp.
Taking into account the peculiarities of work during the transition period, it would be easier for retail if marked cigarettes had a barcode different from the same ones, but not marked. For now, this issue is under consideration and the final decision remains with the manufacturers. They can register additional EAN codes themselves to facilitate the sale of labeled cigarettes at the checkout.
In experimental mode, work is underway to completely abandon EAN codes on a pack of cigarettes in favor of a control labeling code. If such an experiment is considered successful, then in the future there will only be one code left on cigarettes - the labeling code, which includes a GTIN, similar in purpose to the EAN code.
We recommend that you start preparing to work with the system now. If you have questions about your company’s readiness to work with IS MOTP, please contact us, we will definitely help you understand this issue.
Deadlines
A high-quality electronic cigarette can be returned if 14 days have not passed (the day of purchase and sale is not taken into account). A vape of inadequate quality may be returned within 15 days or during the entire warranty period.
A vape is a device consisting of several components, and each part has its own warranty and operation period. For example, a sprayer has a 1 month warranty. All these nuances should be known and taken into account so as not to receive a completely legitimate refusal.
