The paid goods are not delivered: what to do if you paid the invoice, but the order was not delivered on time and a sample letter - claims for a refund of funds (advance payment) for failure

An unpleasant surprise for the buyer is the discrepancy between the quantity of goods according to documents and in fact. There is a violation of the supply contract, what to do in this case? How to correctly register an insufficient volume of goods received? What liability is provided for a negligent supplier? We look at it in this article.

If the shipping agent is not a party to the supply agreement, he cannot be sued for debt collection for short delivery of goods, even if the specified person is responsible for the quality and quantity of the goods supplied by virtue of the agency agreement and a local act mandatory for the agent and the parties to the supply agreement . View the court's opinion

The concept of non-delivery and under-delivery and legislative regulation

The concept of non-delivery of goods should be understood as the failure to deliver goods to the customer within the agreed time frame. Goods not delivered in full are considered undelivered.

Important! Short delivery of goods also includes the inability to take samples of goods due to the fault of the seller.

What should the customer do if the goods are paid for but not delivered? After the agreed delivery time of the order has passed, and the paid goods were not delivered on time and the parcel was not received, the buyer has the right:

Refuse to fulfill the contract (clause 2, clause 2, Article 450 of the Civil Code of the Russian Federation) and if the goods not delivered on time were paid for in advance, demand a refund for failure to deliver in the amount of the already paid cost of the goods as unjust enrichment (clause 1 of Article 1102 of the Civil Code RF).
If the goods are paid in advance, collect interest for the use of someone else's money (Article 395 of the Civil Code of the Russian Federation, Clause 4 of Article 487 of the Civil Code of the Russian Federation, clause 13 of the resolution of the Plenum of the Armed Forces of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation dated October 8, 1998 No. 13/14).
Demand a penalty for non-delivery of goods or other penalties provided for in the supply agreement (Clause 3, Article 23.1 of the Labor Code).

If the buyer is faced with a shortage of goods, this fact should be recorded using a special act.

What should a buyer do if he discovers a shortage?

While checking the invoices and counting the cargo, the buyer discovered a discrepancy. There is a shortage of supplies. How to properly file this violation?

Fixing shortfalls. The first step is to document the detected discrepancy between the quantity of goods and the numbers in the accompanying documents. This is done using a specialized act, which is drawn up by representatives of the buyer and supplier. If it is impossible to attract a supplier (for example, the cargo is delivered by a transport company), it is better to foresee this situation in advance and stipulate in the supply agreement the possibility of registering shortages with the participation of an independent person. Standard forms of acts:
TORG-3 – used for goods from import suppliers;
M-7 – acceptance of materials.

If the shortfall was not discovered immediately, the form of the report may be free (for example, the total number of packages was recalculated, and when they were opened, it turned out that some packages were incomplete). In this case, it is necessary to prove that upon acceptance it was not possible to check the actual quantity of the goods.

FOR YOUR INFORMATION! To additionally document the fact of underdelivery, it is recommended to photograph the invoices, as well as the goods, if this shows underdelivery (incomplete containers, cargo that can be counted in the photo, etc.).

Mark on the invoice. The fact of short delivery must be noted in the shipping document. If there are several items in the invoice, a mark should be placed only in those lines where the goods are missing, and at the end it should be noted that there are no discrepancies for the remaining items. The invoice should also indicate the number of the completed non-delivery report.
Drawing up a letter of claim. In a more or less free form, a claim document is drawn up, which indicates data on shortfalls: the name and quantity of goods under the contract and in fact, the number of the drawn up report. The claim is sent to the supplier within the period specified in the agreement, or as soon as possible upon discovery of a shortfall. The claim must also indicate one of the following requirements or an acceptable combination of them:
reimbursement of funds for the purchase of the missing quantity of goods from another supplier;
delivery of the missing quantity within the agreed time frame;
revision of the quantity of goods in the accompanying documents and the supply agreement (the buyer agrees to a reduced batch with recalculation of the cost).
Supplier response. Depends on the requirement expressed by the buyer:
You will also have to transfer money in the event of a claim for compensation for shortfalls;
when a replenishment or revision of the batch size is required, the supplier will need to change the invoices, certify them with the signatures of management and mark the date of correction (the invoices themselves do not need to be corrected, since there is a statement of shortfall, the number of which is entered in them when recording).
Last resort. If there is no response from the supplier within a month (or other agreed period) after sending the claim, you need to file a lawsuit for underdelivery - it should be considered within 3 months. Further contact with enforcement services may be required.

Responsibility of the seller and the buyer

If the prepaid goods do not arrive to the customer, the supplier will be guilty of negligent performance of the contract and one of the forms of property liability should be applied to him:

compensation to the buyer for losses caused (Clause 2, Article 23.1 of the PZPP);
payment of a penalty for each day of delay, which is equal to ½ percent of the amount of the cost of the goods (Clause 3, Article 23.1 of the Law of the Russian Federation);
compensation for moral damage resulting from violation of consumer rights (Article 15 of the PZPP).

Keep in mind that the seller has the right to prove his innocence . If he proves that a violation of the delivery time was due to the fault of external signs or as a result of the actions of the buyer, the seller will not be liable for this violation (Clause 5 of Article 23.1 of the PZPP).

The buyer may also be liable for breach of the sales contract. His responsibilities include receiving and paying for inventory items.

If the contract does not stipulate any special nuances, it is automatically subject to the general requirements for contracts (Articles 420-453 of the Civil Code of the Russian Federation) and obligations (Articles 307-419 of the Civil Code of the Russian Federation).

Short delivery of a consignment of goods

An order from a supplier does not always have to arrive to the buyer at once. Art. 508 of the Civil Code of the Russian Federation allows delivery to be divided into lots, stipulating the size and delivery time of each of them. Unless terms are specifically specified, the default period is one month. In such situations, how to deal with shortfalls detected in one of the batches? The law recommends rules (Article 511 of the Civil Code of the Russian Federation), but the parties to the contract can change them and establish their own procedure:

If there is a shortage in one of the first shipments, the supplier must make up for it in one or more subsequent shipments.
Unless otherwise provided, the shortage must be made up before the expiration of the supply contract, otherwise a delay will be added to the shortfall.
If the supplier makes up for the shortfall after the end of the established period, he does not have the right to demand payment for this and is even obliged to return the advance payment to the buyer, if any was given.
If the goods were delivered to several recipients at once and there was a shortfall in one of the shipments, it is not covered by the “extra” goods shipped to another buyer - the shortfall will have to be made up by the addressee with whom the contract was concluded and to whom exactly the goods were “underdelivered” (clause 2 of Art. 511 of the Civil Code of the Russian Federation).

Is it possible to force the violator to fulfill his obligations?

There are two options to force the seller to deliver the goods. If the product belongs to the category of individually defined things or is a thing that has generic characteristics.

An individually defined thing is a one-of-a-kind thing that has characteristics that are different from things that are similar to it.
This category includes registered things (apartment, yacht, plane, etc.); items of cultural and historical value (paintings, antiques, etc.). If the buyer can prove that the seller, who did not deliver the goods, actually has an individually defined item in stock, he has the right to force the delivery of such goods (Article 463 of the Civil Code of the Russian Federation).
A thing that has generic characteristics is an object that can be replaced by another object of the same kind. This category includes: sand, spare parts, building materials, etc. in this case, it does not make sense how exclusive the product is - what is important is that it was not registered and it does not carry any value.

What is a claim and why is it needed?

Supply contracts are documents that are widely used in commercial activities by legal entities and individual entrepreneurs. Their object is the delivery of any inventory items in a certain volume and on time.

If any clause of the contract is violated, the second party to the transaction has the right to write a claim to the counterparty. This document allows you not only to voice controversial issues and demand their resolution, but also not to bring the matter to court.

What should I do if my paid order is not delivered?

There are different options for behavior in this situation, let's consider some of them:

Here's what a buyer needs to do if he paid the invoice, but the order was not delivered. First, he should try to return the money for goods not provided through personal negotiations with the supplier. He gets in touch with him, makes a claim and, if there are no disagreements, the funds are returned. In this case, you should sign special forms stating that both parties have no complaints.
If personal negotiations are unsuccessful, then you should write a letter requesting a refund for undelivered goods addressed to the organization’s management. The addressee, in turn, is obliged to respond in writing within 30 days.
If the first two points do not work, then Rospotrebnadzor gets involved, where you should apply. Representatives of the organization must also respond within a month.
And as a last resort, if there are no options left, the injured party goes to court with a claim.

Letter of claim for return of funds

Before going to court, you should send a claim in advance , in accordance with Article 4 of the Arbitration Procedural Code of the Russian Federation. After which, only after a month you can go to court, otherwise the claim will not be considered.

Important! The claim should be sent as soon as the fact of non-delivery of the goods is revealed, and then oral negotiations should begin.

The claim must be made in writing and sent to the supplier's legal address. To do this, it is recommended to use the services of the Russian Post, send a valuable letter with a list of attachments.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-14-90

Lawsuit

If a month has passed from the stage of functioning of the complaint and the parties have not come to an understanding, in this case the victim has the right to file a claim for the recovery of unjust enrichment in the arbitration court at the place of the supplier’s legal address, unless otherwise provided by the contract under which these products are supplied. You should use the services of a lawyer who understands arbitration procedural law .

Enforcement proceedings

Not all entrepreneurs conscientiously approach the implementation of a court decision. In this regard, after the court decision enters into force, it should be executed through the enforcement procedure. This procedure is carried out through the Federal Bailiff Service of the Russian Federation.

Another option to return the funds is to claim them through the defendant’s bank account. To do this, you need to submit an approval and a writ of execution to the bank where the defendant is a client.

What should a buyer do if a product is delivered of poor quality or the delivery time is missed?

In the article “Return of goods by a consumer,” we examined the procedure for returning goods to the seller by individuals buying goods for personal purposes not related to business activities. In this article we will talk about disputes about the quality of goods, delivery times between entrepreneurs, we will analyze the procedure for determining the quality of goods and the delivery time in the contract, the procedure for returning goods by a legal entity, an individual entrepreneur under a supply, purchase and sale agreement.

Product quality

If an agreement is concluded between a legal entity (IP) and an individual (non-entrepreneur), then these relations are regulated by a special law - the Law on the Protection of Consumer Rights, which provides broad opportunities for consumer protection, regardless of the terms of the agreement. In relations between entrepreneurs, a different principle applies. Entrepreneurs, as persons acting at their own peril and risk, must first of all take care of themselves by providing for the necessary conditions in the contract being concluded, and in the absence of the necessary condition in the contract, be content with the provisions of the Civil Code of the Russian Federation, which are often very general and leave room for various interpretation. Therefore, when concluding a supply contract, we recommend that all potential risks and a protection mechanism in the event of such a risk be provided for in the contract itself. In particular, one of the buyer’s risks when purchasing a product is the possible non-compliance of the product with quality requirements or other special wishes. In order for the buyer to be protected upon delivery of low-quality goods, these requirements for the quality of the goods must be specified in the contract itself. However, buyers often miss this point, including in the contract general wording with something like “the product must comply with quality standards, GOST,” etc., which complicates the process of proving in court the fact of a violation on the part of the supplier when supplying goods of inadequate quality. Therefore, we recommend that the contract include specific quality requirements depending on the product supplied: GOST details, quality standards, product characteristics (dimensions, performance, weight, material, brand, model, condition that the product must be new, etc. .). If there are no conditions in the sales contract regarding the quality of the goods in accordance with Art. 469 of the Civil Code of the Russian Federation, the seller is obliged to transfer to the buyer goods suitable for the purposes for which goods of this kind are usually used. However, the goods supplied may meet the normal purposes of its use, but may not meet the special wishes of the buyer. In this case, a special rule applies. If the buyer, at the conclusion of the contract, informed the seller about the specific purposes of purchasing the goods, it must be suitable for use for such purposes (paragraph 2, paragraph 2, article 469 of the Civil Code of the Russian Federation). The buyer can communicate the purpose of purchasing a product in various ways. To avoid possible disputes, the parties should indicate the objectives in the contract.

What to do if there are no quality requirements in the supply contract, but the buyer believes that the product is of poor quality?

In this case, the buyer can make claims regarding the quality of the goods to the supplier only if he proves that the goods do not meet the mandatory quality requirements (the scope of these requirements, the applicability of these requirements to the supplied goods, the goods’ non-compliance with the requirements) or are not suitable for the purposes for which the goods of this kind commonly used.

The buyer's procedure for detecting defects in the quality of the goods

Defects in the quality of goods can be discovered during the acceptance of goods or during the operation of the accepted goods.

In the first case, when detecting defects in the quality of the product, the buyer must refer to the contract concluded with the supplier, since it may contain special requirements for fixing defects, calling the supplier, and making claims regarding the quality of the product. In particular, these may be the following conditions: the need to involve a third-party organization, the Chamber of Commerce and Industry, an expert organization to fix deficiencies, a mandatory call to the supplier to draw up a report, deadline requirements, and the contract may also contain references to the Instructions on the procedure for accepting production products. technical purposes and consumer goods in terms of quantity and quality, approved by resolutions of the USSR State Arbitration Court No. P-6, P-7. Thus, if defects in the quality of the goods are discovered upon acceptance, we recommend not to sign shipping documents confirming the transfer of the goods (TN, UPD) and follow the instructions for accepting the goods and making claims in the contract. Sometimes there are situations when the purchase and sale or delivery agreement does not provide for any procedure for checking the quality of the goods upon acceptance. In this case, the buyer must proceed from the norm of paragraph 2 of Art. 474 of the Civil Code of the Russian Federation, which states that if the procedure for checking the quality of goods is not established, in particular, by the contract, such verification is carried out in accordance with “business customs or other commonly used conditions for checking the goods subject to transfer under a sales contract.” At the same time, in accordance with Art. 513 of the Civil Code of the Russian Federation, the buyer under a supply contract must immediately notify the supplier in writing about any detected defects. In this case, we recommend suspending acceptance and calling the supplier for joint acceptance. Upon joint acceptance, draw up an act in which to record the shortcomings. If the seller does not show up for acceptance within a reasonable time or refuses to participate in the acceptance, carry out the acceptance yourself, record the deficiencies, and send a claim to the supplier. In any case, until the dispute about the quality of the goods is resolved, the buyer should not sign documents confirming the transfer of the goods (if signing such documents is necessary, then it is necessary to note their quality claims on these documents.

In the second case (when making claims regarding the quality of the goods after acceptance of the goods), the buyer also needs to proceed from the procedure established by the contract, as well as from the general requirements of the law and the deadlines for making claims. Also, if defects in the quality of the goods are discovered after acceptance of the goods, then the buyer needs to check whether the supplier’s warranty obligations are established in the contract, since the presence/absence of a guarantee of product quality in the contract affects the procedure and timing of claims and the scope of the supplier’s liability. A guarantee of product quality in a contract implies that the supplier guarantees that the product will be of high quality within a certain period specified in the contract. This means that during this warranty period the supplier will be responsible for any defects in the quality of the goods, unless he proves that they arose due to improper operation, storage of the goods by the buyer, due to the actions of third parties or force majeure. If the quality guarantee is not established by the contract, then the supplier will be responsible for the defects of the transferred goods only if the buyer proves that the defects arose before the transfer of the goods to the buyer or for reasons that arose before the transfer of the goods. Thus, the presence or absence of a guarantee in the contract affects the burden of proof: in the first case, the burden of proof lies with the supplier, in the second case with the buyer. At the same time, the specified circumstances (the reasons for the occurrence of product defects, the time period of their occurrence) are in practice difficult to prove, as a rule, they require special knowledge, so a specialist (expert) is often involved. If the product does not have a warranty period or expiration date, claims regarding the quality of the product may be made by the buyer, provided that defects in the sold product were discovered within a reasonable time, but within 2 years from the date of transfer of the product to the buyer (a longer period may be established by agreement ). If a warranty period has been established for the product, the buyer has the right to make claims related to defects in the product if defects are discovered during the warranty period, and if the warranty period is less than 2 years, then the buyer, within 2 years from the date of transfer of the product to him, can file a claim against to the seller, if he proves that the defects in the goods arose before the transfer of the goods to the buyer or for reasons that arose before that moment. In relation to a product for which an expiration date has been established, the buyer has the right to make claims related to defects in the product if they are discovered during the expiration date of the product.

So, the buyer has discovered defects in the quality of the goods, recorded them in accordance with the requirements of the contract and the law, what should he do next, what claims can he make to the seller?

If defects in the quality of the goods are detected, the buyer has the right to make the following claims against the supplier (at his choice):

proportionate reduction in the purchase price
free elimination of defects in the goods within a reasonable time (if this is possible based on the nature of the goods and the essence of the obligation)
reimbursement of their expenses for eliminating defects in the goods

If the supplier has committed significant violations of the requirements for the quality of the goods (for example, irreparable defects are discovered, or the defects cannot be eliminated without disproportionate costs or time, or they are detected repeatedly or appear again after their elimination, and other similar defects), the buyer has the right to choose :

refuse to fulfill the purchase and sale agreement and demand the return of the amount of money paid for the goods
demand the replacement of goods of inadequate quality with goods that comply with the contract (if this is possible based on the nature of the goods and the essence of the obligation)

Under the supply contract, the buyer also has additional rights if defects in the goods are discovered:

if the supplier has not complied with the buyer’s requirement to replace the low-quality goods within the established period, the buyer has the right to purchase undelivered goods from other persons, charging the supplier with all necessary and reasonable costs for their acquisition
the buyer has the right to refuse to pay for goods of inadequate quality and incomplete goods, and if such goods have been paid for, demand the return of the amounts paid until the defects are eliminated and the goods are completed or replaced, that is, suspend the fulfillment of payment obligations or return the money paid for the low-quality goods (if This does not constitute a refusal of the contract or termination of the contract)

In paragraph 4 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated March 14, 2014 No. 16 “On freedom of contract and its limits,” it is explained that the parties to the contract have the right to provide by their agreement other consequences of transferring goods of inadequate quality to the buyer than those specified in the Civil Code of the Russian Federation (Article 475). For example, the contract may provide additional conditions for the procedure for filing claims regarding the quality of the product (for example, the contract may establish criteria for the materiality of product defects).

Thus, the buyer needs to determine the nature of the identified deficiencies and, based on the nature of the deficiencies, send a claim to the supplier.

It is important to correctly draft and submit a claim to the supplier. We recommend that you indicate in detail in your complaint all the circumstances of discovery of deficiencies, the reasons for the occurrence of deficiencies, the essence of the identified deficiencies, references to regulations, contracts and other documents confirming quality requirements, as well as your requirements to the supplier. Attach to the claim documents confirming the facts to which you refer in the claim (acts, notifications, expert opinion, etc.).

If the claim is signed by a representative under a power of attorney, attach a copy of the power of attorney, which contains the authority to sign such documents.

Claims to a legal entity (individual entrepreneur) are sent to the so-called “legal address” - the address contained in the Unified State Register of Legal Entities (USRIP), and to the address indicated by the supplier, for example, in the contract as a postal address. In order to clarify the current “legal” address, use the free service “Check yourself and your counterparty” on the website of the Federal Tax Service of Russia.

We recommend sending your claim to the supplier by registered mail with a list of the contents and keeping the postal receipt and list of the contents, as these documents must be attached to the claim. When delivering a claim against signature, you must ensure the authority of the person accepting the claim; when the claim is received by a representative, obtain a copy of the representative’s power of attorney. You can additionally send a claim by email or serve it in another way in order to resolve the issue amicably.

The general claim period for filing a claim with the arbitration court is 30 calendar days from the date of sending the claim to the defendant, unless a different period is established in the agreement (for example, the parties may provide for a claim period of 15 days from the date of sending the claim, or vice versa, increase the claim period, also In the contract, you can change the moment from which the claim period is calculated, indicating, for example, from the date of receipt of the claim by the debtor). Therefore, before going to court, carefully study your contract for claim deadlines. If the dispute is not resolved out of court, you have the right to go to court.

As a rule, if the goods are pre-paid, then the buyer, having secured evidence of the significant defects of the goods, refuses the contract and demands a refund in court. In other cases, based on practice, the supplier goes to court to collect the debt, and the buyer files a counterclaim with demands in connection with the delivery of goods of inadequate quality or a response to the statement of claim.

Important: When presenting the requirements provided for in Art. 475 of the Civil Code of the Russian Federation in connection with the poor quality of the goods, the buyer must prove the identity of the transferred goods with those in which defects were identified (Resolution of the Federal Antimonopoly Service of the Moscow District dated April 28, 2008 No. KG-A40/1334-08 in case No. A40-27382/07-136-129 ).

Delivery times of goods, claims regarding delivery time of goods

The delivery time for the goods is established by the contract. It may be defined by a specific date, a period of time, or may also be defined by an indication of an event that must inevitably occur. If the delivery time for the goods is not specified in the contract, then it is calculated according to the rules of Art. 314 of the Civil Code of the Russian Federation, that is, in this case, the goods must be delivered within 7 days from the date the buyer submits a demand for delivery of the goods, with some exceptions. In cases where, under the terms of the contract, the supply of goods is carried out in batches during the term of the contract, but the delivery dates for the batches (delivery periods) are not agreed upon, the supplier is obliged to supply the goods in equal batches monthly.

At the same time, in some cases in the situation under consideration, the courts indicate that the delivery time is an essential condition of the contract (taking into account the provisions of Article 506 of the Civil Code of the Russian Federation) and its non-approval entails the recognition of such a contract as not concluded (clause 1 of Article 432 of the Civil Code of the Russian Federation). In this case, the courts qualify the relationship of the parties as a purchase and sale agreement or a one-time purchase and sale transaction. Liability for violation of the delivery time is provided for in the contract. This may include a penalty for violating the delivery deadline, as well as the buyer’s right to terminate the contract. Claims in connection with violation of delivery deadlines are made in the same manner as claims for quality (also in this case, it is necessary to take into account the terms of the concluded contract). If the requirements of the claim are not met, the supplier has the right to go to court. Read more about debt collection, interest, and penalties in court here.

Need a debt collection lawyer? To assess the prospects for debt collection and calculate the cost of our services, call us at 8 (495) 223-48-91 or submit a request.

Order

How to return the advance?

Often in business it happens that the delivery of goods is disrupted . In such cases, the supplier is forced to go through the procedure of returning the advance payment to the buyer.

The advance can be returned in several ways:

Oral negotiations with the supplier. A well-formulated oral demand from the injured party will be sufficient.
Send a letter of claim, so that in case of unsuccessful oral negotiations there will be evidence to file a claim in court.
If the supplier does not respond to the claim or does not communicate at all, the buyer has the right to go to court.

If the contract stipulates the terms for the return of the advance, the supplier is forced to pay the money according to the established dates.

If there is no such clause in the contract, then the terms of payment of the advance are determined during the negotiations, or if the case goes to court, then the court sets the number of days required for payment of the advance.

How to send a document

You can forward your claim in the following ways:

By registered mail with return receipt requested.
Deliver by courier or company employee. In this case, you should obtain an autograph from a representative of the counterparty confirming receipt of the document.
Today, the development of technology allows the transfer of such documents through electronic means of communication, but only if the sender has an officially registered digital signature (although even this will not guarantee that the letter will be received and read by the recipient).

Consumer rights

Often, the consumer encounters delays in delivery of the goods he ordered remotely. At the same time, he does not receive any explanations from the supplier. In this case, the consumer is protected by the statements defined in Art. 23.1 of the Law of the Russian Federation “On the Protection of Consumer Rights”, which states that if the agreement specifies payment in advance for a product, it must specify the period for its transfer to the consumer.

Provided that if the goods are paid for, but the buyer has not received his order, he has the right:

set a new deadline for the supplier to deliver the goods not received;
terminate the contract and demand a full refund.

Setting a new deadline

If the supplier is dishonest regarding the delivery time of the goods, the buyer has the right to set a new delivery time for the goods he ordered.

It is recommended to competently present demands to the seller and conduct all communications in writing . Prepare a claim in two copies. The buyer indicates his and the supplier’s data and contact information. The delivery dates specified in the contract and the amount of advance payment are required.

Next, you should indicate that in connection with the failure to deliver the goods within the specified period of time, deliver the goods before a specific date convenient for the buyer. Give both copies to the supplier and request that they put a note indicating acceptance of the claim and the date, and take the claim with the marks for yourself.

The seller, in turn, is obliged to fulfill the requirements for delivery of the goods within the period specified by the buyer.

Does the buyer have other ways to protect his rights other than court?

The actions of a supplier who received money and did not deliver the goods can be recognized as fraud (Article 159 of the Criminal Code of the Russian Federation), if the supplier initially did not have the intention to supply anything, that is, there was intent to commit a crime.

But this is a theory. In practice, convincing law enforcement agencies to open a case is not an easy task.

. In such cases, the applicant is sent a standard refusal to initiate a case with the wording “civil legal relations have developed between the parties, which, in accordance with current legislation, are authorized to be considered by the courts of the Russian Federation.” “Near-legal” methods of “persuasion” will be required.

So recourse to arbitration court is the most effective and accessible means of protecting the rights of the buyer

who paid but did not receive the goods.

How to choose a return method

Here you will have to make a decision and calculate the costs yourself. But for inexpensive parcels with defects, as a rule, it is more profitable to issue only a refund without sending the goods.

Let's say you ordered a blouse according to the seller's size chart, but the item turned out to be too small for you. Its price is 800 rubles, weight is 350 grams. Sending it to China from St. Petersburg costs approximately 540 rubles. So you will win only 260 rubles. It is much more profitable to request a refund, for example, 90% of the cost of a blouse - 720 rubles, and then resell the item or give it away.

What to remember

Don't be afraid to order on AliExpress. A bad purchase does not mean you will lose money. The platform insures you against unscrupulous sellers and often takes your side.
Choose a product on AliExpress more carefully, read reviews and correspond with the seller so as not to miss the order. Adequately evaluate the price-quality ratio. If you are responsible for an unsuccessful order, you will have to send the goods back, and this is expensive.
Take a video of the unpacking of the parcel. Support your claims for a dispute with the seller with photographs and screenshots.
Keep an eye on the deadlines within which you can open a dispute. This is the best way to solve your problems. But if the deadline has passed, do not lose hope and write to the support service.

Advice from an arbitration lawyer

As a practicing lawyer, I will never tire of stating the truism: if you want peace, prepare for war.

Do not neglect documenting legally significant actions; check the details and powers of the recipients indicated in the shipping documentation.
Did you make a mistake when transferring the goods - did the delivery note contain the signature of an “inappropriate person”? Do not rush to write a claim, ask the buyer to provide a letter of guarantee for payment. Thus, the counterparty will confirm receipt of the goods in an official document. If suddenly the defendant states the opposite in court, it will be possible to present at least some written evidence and draw the court’s attention to the buyer’s dishonesty.

In general, before doing anything, consult a competent specialist. If a conflict arises with a counterparty, litigation most likely cannot be avoided - immediately involve professional arbitration lawyers in the case. This increases your chances of success many times over.