21/02/2013
Last summer, Russian Post was named the worst mail in the world. Which, however, is not a discovery. It is known that the Russian mail works much worse than the Soviet mail, that letters and parcels are delivered in violation of all regulatory deadlines, often disappear altogether without a trace. Online812 was trying to figure out if it could be somehow dealt with?
NS experiment
It was very easy to find out which mail was the worst of all. Professor of economics at Harvard University, Andrei Shleifer, together with other scientists, conducted an experiment, sending two letters each to the five largest cities of 159 countries that have signed international postal agreements. All letters were misspelled in name or address. The goal was to find out how soon the letters would come back.
Sooner or later (up to 2 weeks), all letters from the USA, England, Germany, Czech Republic and other Western countries were returned. Not a single one from Russia, as well as from Tajikistan, Cambodia, Ghana. Even Angola and Honduras did better and returned something.
For example, if in the United States government subsidies for postal operators amount to 15 billion dollars a year (this is almost 500 billion rubles), then in Russia it is 100 times less - 5-6 billion rubles. All over the world postal operators have their own fleet of cars and aircraft. For Russian mail, airplanes are a luxury. But on its balance sheet there are deer. And the first plane with the Russian Post logo appeared in December last year - it will be operated in the Khabarovsk Territory. Such an aircraft can take on board up to 1.5 tons of mail and cargo. For the rest of the directions, "Russian Post", as before, will use the services of local airlines, deliver no more than 50 - 100 kg in one flight.
However, all this does not explain why in Soviet times and even 10 years ago a letter from Moscow to St. Petersburg arrived in 3 - 4 days, and now it takes two weeks. According to the collector Vladimir Mikhailovich, who regularly uses mail services, "the situation is getting worse every year." Russian Post has set deadlines for itself, which are initially unaffordable for it. I still have not received the letters sent in early December - more than two months have passed. These are letters from abroad - you can still understand whether you never know where they are stuck. But why letters travel across Russia for a long time is inexplicable! "
The second big problem is the loss of letters. According to Vladimir Mikhailovich, 25% of ordinary letters sent from abroad disappear. “Over the past year, I have lost 21 letters. On average, each of them cost 400 rubles. That is, more than 8 thousand rubles disappeared out of the blue! I have a friend, a philatelist, his volume of correspondence is much larger than mine. He loses about 50 thousand rubles a year because of the "Post of Russia"! It feels like a large amount of correspondence is simply thrown away in bags. Nobody bears responsibility for the letters. "
It is impossible to defend your rights to a sent simple letter - there are no documents confirming its existence. There is only one way out - to send only registered letters. Then you will be given a receipt, which contains the identification number of the letter. If the letter is delayed, on the Russian Post website you can track its location by this number (but only within Russia). If you get lost, you can try to find it.
“Sometimes it’s very interesting to watch how the letter moves: everything is written correctly on the envelope, and the letter first goes to one post office, then to another, and only after that it goes to its destination,” says Vladimir Mikhailovich.
Smaller experiment
We did a little experiment. On January 28, a registered letter with the number 10707657100332 was sent from Moscow to St. Petersburg. It was in Moscow for about a week. We called the hotline to find out the reason for the delay.
“Why is the departure delayed, we do not receive the data,” the operator said. “There is a lot of correspondence at the Moscow ASC in a day, perhaps because of this the letter was delayed. And since the delivery time has expired, it is impossible to say when the letter will arrive now. "
The letter arrived in St. Petersburg on February 11 - exactly two weeks later. And the way it went like this: from January 29 to February 4, it lay on the sorting in Moscow. It arrived in St. Petersburg on the 6th and got stuck on sorting by 9th. And on the 11th it came to the recipient. Please note: the deadline for the delivery of a letter from Moscow to St. Petersburg, set by the Russian Post, is 4 days.
The press service of the post told us that “a slowdown in the passage of 8 days occurred at the stages of processing in the Moscow and St. Petersburg ASCs (automated sorting center. - A. D.).
Interestingly, there are only two automated sorting centers in Russia - in Moscow and St. Petersburg. It is even more interesting that there were 80 such centers in the USSR, but they were out of order long ago. These two centers handle about 30% of correspondence, the remaining 70% are sorted manually. If in the ASC letters are delayed for a week, then
How to contact the West
Letters from abroad go even longer. From Europe, the letter goes well if a month, from the USA - a month and a half, although earlier it was 22 - 26 days, says Vladimir Mikhailovich. “The post office is the face of our country. When I buy something on ebay, people often refuse to contact Russia in advance, equating it with third world countries. They know that a certified letter will take a long time, and a simple letter may not reach at all. A year and a half ago there was a story: they sent me a certified letter from Canada. It went on for 3 months. The Canadian didn’t believe that I hadn’t received it for so long. And for the rating, he needs me to quickly confirm receipt. "
Only registered letters are guaranteed to arrive. “Although I’m not sure about that now,” says the collector, “on December 4, they sent me a letter from Europe. More than two months have passed a month, I opened a dispute with a seller on ebay, now the whole world is looking for this letter. Lost somewhere in the vastness of Russia. I have already written an application for the wanted list. "
Registered letters between countries are expensive, says Vladimir Mikhailovich. “For example, I buy mainly philatelic materials with an average cost of 10-12 dollars. A simple letter from America costs between $ 1.5 and $ 2. And custom - $ 14. That is, I have to pay 420 rubles to receive the goods for 300 rubles. It is not profitable. "
For letters, especially foreign ones, the most terrible months are December and January, when the volume of correspondence increases sharply, says Vladimir Mikhailovich. “I do not risk using Russian mail at this time. On these Christmas holidays, for example, I asked all my correspondents to send letters not to me, but to my friend in Germany. And watched them go. Inside Germany - 2 days. From England - 4 days, from America - 5 days. Even within Russia, we cannot count on such a timeframe. ”
If the letter is missing
If something happened to your letter (registered) or parcel, you can try to defend your rights. To do this, you need to come to your post office, or better - to the building of the Main Post Office and write a statement on the search for the item, indicating its identification number. This is if the letter is lost. And if it arrived damaged, then you can ask for compensation.
Claims related to non-delivery, late delivery, damage or loss of internal postal items are presented, according to the head of the postal service of the branch of the Russian Post State Unitary Enterprise Marina Orlova, within 6 months from the date of dispatch of the postal item. Letters with errors on the envelope, "not allowing them to be sent to their destination or returned to senders, are transferred for temporary storage to the number of undelivered."
If the mail does not respond to your complaints, you can complain about the work of the Post to Rospotrebnadzor. A year ago, Russian Post was fined 30 thousand rubles for slowness. Another 30 thousand "Mail" was fined at the beginning of this year - for the fact that the express dispatch of EMS from Ufa to Moscow took 11 days instead of the prescribed 3. Last week, a protocol was drawn up on an administrative violation due to a valuable parcel, the delivery of which was delayed for 43 days.
When asked why the Russian Post is working so slowly, the Russian Post did not answer us.
“What is the reason is not very clear to me,” says Vladimir Mikhailovich. - We can say that this is our mentality. But after all, Ukraine and Belarus are also the countries of the USSR, which means that they are close to us in worldview and spirit. Why does a letter from abroad go there three times faster? Because they wanted to there - and put things in order. "
Last week, the Minister of Communications and Mass Media of the Russian Federation Nikolai Nikiforov said that the work of the post office deserves criticism from the population: “Unfortunately, in recent years, we ourselves have driven the enterprise into a trap. The situation is critical, and radical reforms are needed. " He said that the expenses of Russian Post annually amount to about 170 billion rubles a year. And only 70 billion a year "Post" earns.
He proposed to cover 100 billion of losses by investing in an enterprise, which means that Post has to enter the market. The post offices themselves will remain budgetary institutions, and in the field of logistics, the post office can be put into free float - this is the idea of the minister, and it is already being discussed within the framework of the draft law "On Postal Communication". It is not yet clear whether the post office will be subsidized by the state if the changes are adopted. How it will affect the delivery time - too.
Post office. Delivery terms
Deadlines for sending written correspondence between cities of federal significance, administrative centers of the constituent entities of the Russian Federation. Approved by Decree of the Government of the Russian Federation of March 24, 2006 No. 160.
The following deadlines for the passage of written correspondence are established:
- on the inner-city territory of cities of federal significance, on the territory of the administrative centers of the constituent entities of the Russian Federation - 2 days;
- between the administrative center of a constituent entity of the Russian Federation and the administrative centers of municipal districts on the territory of a constituent entity of the Russian Federation - 2 days;
- between the administrative center of the municipal district and settlements located on the territory of the municipal district - 3 days.
How letters circulated in Russia in the 17th century
According to the Russian general, Scotsman Patrick Gordon (1635-1699), at the end of the 17th century, he received a letter in Moscow sent from Smolensk 10 days after it was sent, and a letter from Moscow to London took 43 days.
Best mails
The government mail of the German states was famous for punctuality and organization: Saxony, Braunschweig - Hanover, Hesse, especially Brandenburg - Prussia. From 1655 on the Cleve-Memel line, mail went out twice a week; she arrived from Konigsberg to Berlin in 4 days, from Konigsberg to Kleve in 10 days.
Postal wars
During the American Civil War, the Northern States Postal Office did not recognize Confederate States of America postage stamps. From 1861 to 1864, there was no mail exchange between the two warring parties.
After the Second World War, postal and stamp conflicts repeatedly arose between the FRG and the GDR. So, in 1964-1969, stamps with images of architectural monuments in the territories of the GDR, Poland and the USSR, which were part of Germany in 1923-1937, were issued in the FRG. Postal items from the Federal Republic of Germany, franked with such stamps, were returned to the senders or were recognized as unpaid.
Hanging Letters
At the beginning of the 14th century, English aristocrats painted a gallows on letters sent, which was supposed to remind the letter carrier that he was in danger of death in case of delay. During the reign of Elizabeth I (1558 - 1603), "hanging" letters were official mailings. On the letters, sketches were made by hand of one or more gallows, sometimes with a hanged man, and inscriptions about the urgency of such a message: "haste haste" ("hurry, hurry"), "post haste" ("mail, hurry"), "haste for life "(" Hurry for the sake of life ")," for life haste "(" hurry for the sake of life ").
by the way
Russians make 28-29 thousand orders daily on the eBay online auction. Not so long ago, representatives of the company announced that they would work on the delivery of goods to Russia, contacting other (besides Russian Post) logistics companies .
In the absence of the addressee (at work, away), registered letters are not delivered to relatives living in the same house as the addressee. In this regard, there is a large return of ordered letters from organizations.
Return of a registered letter
What would I do when returning an archival document, for the untimely sending of which a kirdyk is due: I would make a note in the “note” column in the OUTCOMES journal. those. I would find the registration record of the returned letter and add “returned 00.00.0000 the address is incorrect. re-sent 00.00.0000 "or" returned 00.00.0000 was mistakenly sent to LLC "Bores of Siberia". resent 00.00.0000 with an explanatory letter see ref 00-00 \ 000 from 00.00.0000 ″ or “returned 00.00.0000 the addressee left.
Return of registered letters
21.1. After the expiration of the established storage period, those not received by the addressees of the RPO are returned to the return address indicated on the postal item, and if it is absent, they are transferred to the number of unclaimed ones along with the f.20 label.
21.3. Return of unhandled postal items in postal facilities of the place of destination to the return addresses indicated on these items is made in the following cases: 21.5.
How and where to send a certified letter with acknowledgment of receipt?
A registered letter with notification is sent when it is necessary so that the sender knows that the mail has been delivered to the addressee. We will tell the readers about the procedure and cost of sending a registered letter with notification in this article.
A citizen can determine the location of the required post office on the Russian Post website. After entering the postal code of the settlement, the delivery address or location and the list of branch services, the citizen will be able to see the list of post offices that meet the specified conditions.
The page will contain the address, contact phone numbers of the department and data on its working hours.
Sending registered letters by mail
A registered letter is a postal item with a written message, which has been assigned an individual number (barcode). Registered letters are sent using the approved form (form 103.) and handed over against signature. The passage and delivery of a registered letter can be tracked online on the website of the Federal State Unitary Enterprise "Russian Post".
Terms of passage of registered mail through FSUE
Free legal advice:
Post office
It is unclear from whom, having heard that I allegedly do not live at my address, the Russian Post decided to send the registered letter addressed to me back to the sender, without waiting for the deadline of 1 month. Unexpectedly, since, in general, the blank of the statement is already ready, it will not be difficult to draw up an adjusted version of the work for Roskomnadzor.
On 03.02.2012, in my mailbox, I found notice No. 93 that a certified letter *** had been sent to my address (Moscow, ***).
Is it legal for the post office to charge for the return of a valuable notification letter
1 answer. Moscow Viewed 2561 times. Asked3 13:16:39 +0400 in the topic "Consumer Protection" A valuable letter was sent to the Employer with an inventory, a notification with a written request to withdraw the letter of resignation - A valuable letter was sent to the Employer with an inventory, a notification with a written request to withdraw the letter of resignation. Further
1 answer. Moscow Viewed 163 times.
About proper notice
Question: Is the proof of delivery of the notice to the addressee a postal notice containing only the signature of an employee of the communications authority on the delivery of the mail, or is the signature of the addressee's authorized person necessary?
Free legal advice:
By sending a postal notice, the sender concludes with a telecom operator a civil law transaction for the delivery and delivery of correspondence on the conditions stipulated by the Rules for the provision of postal services, approved by Decree of the Government of the Russian Federation of April 15, 2005 N 221.
How much is a certified letter stored in the mail
A registered letter is correspondence that is sent after the execution of documents confirming the responsibility of the postal service for the delivery and safety of the content. In the event that the correspondence is lost or damaged, the employees who allowed this will be punished accordingly and will be obliged to compensate the sender or addressee.
Payment for the postage of a registered letter is charged from the sender in accordance with the tariffs established by the post.
Return of a registered letter.
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Free legal advice:
Russian Federation Moscow
however, it will not hurt to make a mark in the outgoing log in front of the sent document about the date, reason for the return and the further fate of the letter.
the letter itself (together with the envelope.) should be handed over to the initiator to determine further actions.
Russian Federation Moscow
Free legal advice:
My question is: they want, retroactively, to write the Regulation on the document flow of our company, where it will be written that I must register the return of registered letters in the book of incoming correspondence, what should I do with those 50 missed letters? To issue in the form of a memo, where to indicate by whom the letters were not received and when the letters were returned? Or what should I do? Can you insist that you didn't have to register them and again stop writing them down in the book? Help me please.
What would I do when returning an archival document, for the untimely sending of which a kirdyk is due: I would make a note in the "note" column in the OUTCOMES journal. those. I would find a record about the registration of the returned letter and add "returned 00.00.0000 the address is incorrect. Re-sent 00.00.0000" or "returned 00.00.0000 mistakenly sent to LLC" Bores of Siberia ". Re-sent 00.00.0000 with an explanatory letter see .out 00-00 \ 000 from 00.00.0000 "or" returned 00.00.0000 the addressee left. filed in the case Reports on the implementation of decisions of the disc commission "
firstly, this contradicts the postulate that a document in an organization is registered once (on the day of receipt or on the day of sending), the document returned to you has already been registered as ref, which means it is in your database.
secondly, when the time comes for the proceedings, they will ask you (your receiver) about the fate of the sent letter: they say why it was not sent on time. the first logical urge will be to look in the log of the ishs. and there is nothing useful. you have to look for another journal (specialized in accounting for returns) or you need to know that returns are recorded in the inbox.
This is time-consuming. and as you know, in our profession, everything must be done with lightning speed.
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The boss has a status in contact: "Sick" and 16 people have already pressed the "Like" button
Russian Federation Moscow
Russian Federation, Samara
I will quote her words:
I would find the registration record of the returned letter and add "returned 00.00.0000 the address is incorrect. Re-sent 00.00.0000" or "returned 00.00.0000 mistakenly sent to LLC" Bores of Siberia ". .out 00-00 \ 000 from 00.00.0000 "or" returned 00.00.0000 the addressee left. filed in the case Reports on the implementation of decisions of the disc commission "
Russian Federation Moscow
Free legal advice:
I have one more question. You can write in the book of outgoing correspondence: "from No. 232 to No. 632 according to the list." And put an inventory in the book?
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Chapter 19. Return and forwarding of domestic postal items
262. Postal items are returned to the sender in the cases stipulated by clause 135 of the Rules for the provision of postal services.
Free legal advice:
Print media addressed to “On Demand” and to a post office box, after the expiration of the established storage period, are transferred to waste paper.
263. Ordinary letter-post items and all registered postal items are sent (returned) and handed over to addressees (senders) with a certificate f. PS20 which indicates the reasons for sending (return). The certificate is certified by an imprint of the calendar stamp. A note about the reason for the return (sending) is made in the invoice f.16, register f.11 (dispatch card f.PS16), at which the registered mailings were received, indicating the date of return or sending. When returning registered letter-post items, a mark on the date of sending or returning parcels, letters (small packages) with declared value, transfers is made on the incoming documents, and the reasons for sending (returning) - on the outgoing documents.
The correctness of sending and returning postal items is checked by the controlling persons who sign the certificates f. PS20. Dispatch and return is not allowed without the signature of the controlling person.
264. Ordinary letter-post items and all registered postal items are sent (returned) and handed over to addressees (senders) with a certificate f. PS20, which indicates the reason for the dispatch (return) and is certified by the imprint of the calendar stamp. A note about the reason for the return (D) is made in the dispatch card f. PS16, at which the registered postal items were received, indicating the date of return or dispatch. When returning registered letter-post items, a note is made in f.PS55.
The correctness of sending and returning postal items is checked by the controlling persons who sign the certificates f. PS20. No return is allowed without the signature of the controlling persons. Before returning postal items, it is checked whether all measures for delivery have been exhausted.
Free legal advice:
265. On sent and returned postal items, accompanying addresses for parcels or on forms of money transfers, the old addresses are crossed out, and on the address side it is written:
When sending - the letter "D" and the name of the new destination;
When returning - the letter "B".
When sending, a new address is written on the help form PS20, which is attached to the address side of the mailing envelope. On parcels, the certificate is attached to the shipping address and to the parcel itself.
266. The sent and returned postal items are assigned by name to the invoice f.16, register f.11 (dispatch card PS16) with the letter "D" or "B", the filing number of the postal item, the amount of cash on delivery, the place of delivery and the place of dispatch ( return), if the invoice f.16, register f.11 (dispatch card PS16) is not issued to the destination of the sent (returned) postal item. At postal facilities of regional significance, a note is made on the date of dispatch (return) of the postage with cash on delivery in the log for monitoring the timeliness of sending COD amounts.
267. The returned postal item shall be issued to the sender in accordance with the general procedure provided for the issuance of incoming items.
Free legal advice:
Before the payment to the sender of funds on the returned money transfer, in order to prevent secondary payment, an inquiry is made whether the payment of this money transfer has not been made earlier.
If a registered postal item is returned to the sender, which has not yet been sent to its destination, it is recorded in the invoice f.16, register f.11 (sending card f.PS16), which is drawn up in one copy indicating the reason for the return, a notice f.22 is issued and issued in the manner prescribed for the issuance of incoming registered postal items. The receipt of the receipt of the postal item is withdrawn from the sender. Money transfers received from business entities by bank transfer are returned only by transferring to their current accounts.
268. The orders received at the post offices of the places of destination on the forwarding or return of postal items after their execution are attached to copies of invoices f.16, registers f.11 (sending cards f.PS16) to which the sent and returned items are assigned.
Rules for the return of goods between legal entities, a sample letter for the return of goods
Everyone can face the purchase of a low-quality product or service. And if an individual can demand a refund or exchange of goods for another, guided by the law on the protection of consumer rights, then for legal entities in this part the practice is somewhat different. The return of goods between legal entities has certain differences than the return from an individual.
Most often, legal entities purchase most of the goods remotely (without examining them). For example, wholesale purchase of products, purchase of goods to service a company or employees.
Free legal advice:
Purchase of goods
Legal entities conduct financial settlements with each other for non-cash payments. The purchase takes place through the conclusion of sales contracts or the supply of goods. Payment under the agreement is made to the settlement accounts of sellers (suppliers). In most cases, the buyer receives the goods only after prepayment or full payment. This is the main problem, because the buyer cannot always see the product with his own eyes. Of course, before buying, you can choose the desired product, familiarize yourself with its characteristics and properties. However, if we are talking about the purchase of more than one unit of goods, the seller may not ship a specific item, but another from this batch of goods. As a result, there is a risk of getting a low-quality product.
Since the contractual legal relationship of legal entities is regulated by civil law (Civil Code of the Russian Federation), then the return of the goods will take place in accordance with the norms of civil law. If a written agreement has not been drawn up, then the norms of the Civil Code of the Russian Federation are also taken into account.
Important
When returning goods by an individual, the norms of the Law "On Protection of Consumer Rights" are applied. This law does not apply to legal entities.
Reasons and conditions for the return of goods between legal entities
The grounds for the return may be:
- Purchase of low-quality goods (services) or goods that do not meet the stated requirements;
- Purchase of goods with defects, defects, faults;
- Hiding by the seller of existing shortcomings.
The parties may provide for that option if initially the goods are purchased with defects (damages). A separate act to the agreement is drawn up about this. The act specifies the name of the product, its characteristics, the number of units and specifically describes the existing defects. If the buyer signed such an act, then in the future it will be almost impossible to return the goods between legal entities.
Free legal advice:
Return conditions must be specified in a separate clause in the contract.
The dispute can be resolved in several ways:
- The seller undertakes to eliminate the defects on his own;
- The buyer will eliminate the deficiencies and the seller will compensate for the costs;
- The seller will lower the price of the item.
However, if the seller has not brought the product into proper condition and cannot be used for its intended purpose, the buyer may demand to terminate the contract or replace the product with a new high-quality item.
Important
It is impossible to make a return of good quality goods between legal entities.
In situations where the defects of the goods are found not during receipt, but during operation, the same rules apply as when returning goods with defects found during acceptance.
Free legal advice:
As a result of the return, the goods are returned to the seller, and the money is returned to the buyer to the current account.
Sample return letter
Initially, the legal entity must draw up a claim in writing and send it to the seller (supplier). This document will be a notification to the seller about the sale of a product that does not meet the declared parameters or has a defect. Of course, you can contact the seller by phone, which is much faster and more convenient. But the telephone conversation will not serve as confirmation of the claims for refunds. At the same time, a written claim can be useful as a document for the court.
The claim is made in any form. There is no established claim form. On the letterhead of a legal entity in the form of a letter, a claim is made to the name of another legal entity - the seller (supplier). The return letter must contain:
- Full name and details of the legal entity - the buyer;
- Number and date of the sales and purchase agreement (supply);
- Product name, number of units;
- Identified malfunction;
- Request for satisfaction of the claim (request for replacement, refund, reduction of the amount, etc.).
The claim must be signed by the head of the legal entity on whose behalf it is being sent, and sealed. It is better to send a letter of return of goods by registered mail with notification.
Free legal advice:
In case of a peaceful solution to the problem, the seller will replace the product with a quality one or offer to return the amount paid. If the claim was left without consideration, there was no response and the seller continues to ignore the buyer, it makes sense to go to court.
Return terms
The contract must specify the period during which the buyer can make claims regarding the goods. If the terms are not specified, then the civil law established a 30-day period for the return between legal entities. If the parties have agreed on a return, the seller is obliged to return the amount of money for the goods to the buyer within 10 days. All costs for the return are borne by the seller (including bank commissions), unless other conditions are stipulated by the contract.
It is more convenient to calculate the return period from the moment the claim is sent to a legal entity. If the claim was sent by letter with notification, then from the moment the seller receives the claim, the period for satisfying the claims can be counted.
The above procedure is a pre-trial resolution of the dispute. The buyer, who failed to deal with the dishonest seller at the pre-trial stage, can use the right to go to court.
Return of goods through the court
The return procedure also takes place in court. This is done by terminating the sales (supply) contract. A party cannot unilaterally terminate the contract, so this is only possible through a court. The buyer can get the money back for a low-quality product. However, in order to prove to the court the fact of purchase from a particular seller, you need to present documents confirming this circumstance. For example, provide invoices, payment statements, acceptance certificates, delivery notes for the shipment of goods. It will not be superfluous to take photographs where the defects of the goods are visible. Plus, attach a copy of the contract and a letter to return the goods. A claim, where the parties are legal entities, is filed with an arbitration court.
Free legal advice:
In order to avoid misunderstandings regarding the purchased goods, in all cases it is important to draw up a purchase agreement, where all the conditions are described in detail. A competently drawn up contract will allow you to return goods by a legal entity to a legal entity without unnecessary complications, if the need arises.
Video instruction "Return of goods between legal entities"
Infographic "Return of goods between legal entities"
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How to transfer the rejected product (meat processing products) to the Supplier if he refuses to accept it without explanation.
Hello. According to the Civil Code of the Russian Federation (hereinafter - the Civil Code of the Russian Federation), the return of goods is possible if the supplier:
Free legal advice:
Information about the product was not provided to the buyer (clause 3 of article 495 of the Civil Code of the Russian Federation);
The goods of inadequate quality were transferred (Article 475 of the Civil Code of the Russian Federation);
Incomplete goods were transferred (Article 480 of the Civil Code of the Russian Federation);
The goods were transferred without containers and / or packaging (Article 482 of the Civil Code of the Russian Federation);
The conditions on the quantity of goods have been violated (Article 466 of the Civil Code of the Russian Federation);
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The conditions on the range of goods have been violated (Article 468 of the Civil Code of the Russian Federation);
The terms under the supply contract (Article 523 of the Civil Code of the Russian Federation) were repeatedly violated.
Other reasons for returning the goods to the supplier can be established by the parties in the contract (Article 421 of the Civil Code of the Russian Federation).
In the event of a significant violation of the requirements for the quality of the goods, the buyer has the right to refuse to fulfill the contract of sale, return the goods and demand the money paid for the poor-quality goods back (Article 475 of the Civil Code of the Russian Federation).
Good afternoon. Please clarify on the basis of which article it is impossible to return goods of good quality between legal entities. faces?
Free legal advice:
Hello. Refer to the articles of the Civil Code (chapters 27-30), which regulate the return of goods between legal entities and commodity-money relations. According to the provisions of the Civil Code of the Russian Federation, the return of goods by a legal entity to another organization is possible only if the supplier clearly did not fulfill the obligations specified in the contract: did not ensure the quality, completeness, proper packaging, safety of the goods, etc.
The buyer returns the goods and requires the seals and signatures to be affixed to the return notes prior to shipment. We offer after receiving the return, and in advance - a power of attorney. Who is right?
The term for refunding money for goods of inadequate quality is up to 10 days, Art. 22 ZoZPP
At the request of the seller, the consumer is obliged to transfer the goods with the defect, Art. 18 ZoZPP. This means that the seller DOESN'T HAVE to return the money immediately.
Before giving the goods to the seller - the buyer is obliged to hand in WRITTEN a claim with a demand for a refund to be signed and stamped.
Free legal advice:
Good evening. How many days does it take to get a refund for a product that the buyer did not like from the seller?
Hello. According to the Law on the Protection of Consumer Rights, the seller must return the money within 3 days from the date of the return of the goods. But for consideration of the buyer's application, 10 days are given, during which the circumstances of the return are considered and a decision is made.
A legal entity bought an engine for further resale. They were taken directly to the client. The client refused to take the goods, referring to the fact that this engine was overhauled. How do I return the item back to the supplier?
Hello. The return procedure is described in the sales contract or in a specific supplementary return agreement. If this is not the case, then the return of quality goods is possible only by the decision of the Arbitration Court. According to the law, if a separate clause on the return of quality goods is not spelled out in the contract, the seller organization is not obliged to go to your meeting and take the goods back. She can do this only of her own free will, if she is loyal and plans further cooperation with you.
Hello, we received the goods without accompanying quality documents. Email Sent Later by mail, documents contain standards that the goods do not comply with. Is there a prospect of returning such a product?
Hello. Yes, if the product does not meet the declared characteristics, then the legal entity must draw up a claim in writing and send it to the seller. The term for returning the goods must be spelled out in the contract, during which the buyer can make claims regarding the goods. If the terms are not specified, then the civil law established a 30-day period for the return between legal entities. If the parties have agreed on a return, the seller is obliged to return the amount of money for the goods to the buyer within 10 days. If the issue cannot be resolved, then you can seek a return in court.
Hello! received a product that does not match the one declared on the website. a letter came with a request to send it back with a letter of claim. how to compose this letter?
Hello. Yes, it is best to write a letter about the return of the goods, as you clearly write down all your requirements and objections clearly point by point. The letter of claim is drawn up according to the following algorithm:
Your full name, as well as the legal name of the company, if the shipment is from a company;
Full name of the recipient of the claim or correct legal name;
Description of the circumstances and violations due to which it became necessary to return;
Description of the negative consequences that will occur for the sender in the absence of a response;
How to appeal a traffic fine, a sample complaint
Termination of an agreement under the Civil Code of the Russian Federation: unilaterally and by agreement of the parties
Dismissal of their own accord, article 80 of the Labor Code of the Russian Federation
Termination of the real estate purchase and sale agreement: termination procedure, court practice
Bankruptcy of an individual in 2018, in the absence of property and permanent income
Messengers are in no hurry to register
Pensioners and disabled people will be exempt from overhaul contributions
Banks may not issue cash to dubious customers
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On what basis can the mail return a letter?
If the person to whom the letter is addressed does not live at the specified address. If the letter was "on demand", but it was not claimed within 30 days. If the address is incorrect, or a non-existent post office box is specified. In general, if there are errors in filling out the envelope columns or it is impossible to transfer it to the addressee.
The post office may return the letter due to the absence of the addressee. In this case, the postage fee is not only non-refundable, but moreover, a fee may be charged for the return mailing of the letter to the sender's address. Also, a letter may be returned with an incorrectly specified receiving address.
The Russian Post can return the letter if such an address does not exist, if the addressee is absent at the given address indicated on the envelope, if the letter was registered with notification, then the letter can be returned if the addressee was not at home.
Return of the letter.
Please tell me if it doesn't bother you!
In October, I agreed to exchange stickers with a collector, I received his letter, and I sent mine only after receiving his letter, because. this collector did not write me a PI, and did not even warn me that he was sending me a letter.
It's true with a slight delay, but I sent him my letter, after a while he gave me a positive review, in which he wrote that he had received the letter, and we did not write off any more. And so tonight, my wife and I went shopping , on the way from the entrance, I looked into the mailbox and found there a notice of a registered letter. I was very surprised - since those registered letters that I am waiting for should come to me somewhere at the end of this week. Well, okay - we went at the same time to mail, and there it turned out that this is my letter to that collector came back, because. the letter has expired. The mail website says that the delivery attempt was unsuccessful because the recipient was not in place, and then a mark about the return. What should I do? This collector was on the site for the last time on the 18th. Try again to send him a letter?
Comments:
About the fact that there was an unsuccessful delivery attempt. Several times I had such a mark in tracking, although there was no attempt at all and could not have been. So this entry does not mean anything special, considering that we live in the same city with the author of the letter.
It will be funny if he claims that he received my letter =)
They didn't take any money for it.
because if he just didn’t come for him, then the time should have passed before he was sent back (at least a month, and you only had a little more than a week), and I don’t understand what it means “according to the user's statement”.
Thanks for the advice.
can other collectors still advise a thread, good luck!
Postal rules from 22.04.1992 / Chapter 42
Section VII. Establishing recipient addresses. Storage periods for postal items, their dispatch and return. Unreported mailings
617. If the communications company knows the addressee's new place of residence or has received an application from him for the delivery of the postal item to a new address, the postal item shall be sent immediately.
618. Unhandled postal items shall be returned by the communications undertaking of the place of destination to the return addresses indicated on these items in the following cases:
a) upon expiration of their storage period;
b) according to the applications of the senders;
c) if the addressees refuse to receive postal items;
d) in case of non-search of the addressee and the presence of a certificate from the address bureau (group), housing office, house administration, village council, collective farm board, enterprise, organization, institution;
e) in the event of the death of the addressee;
f) registered letters with the mark "Summons" not delivered to the addressee after the expiration of seven days from the date of their receipt at the delivery communications company;
g) if the addressee subscribing to the post office box is not specified or specified incorrectly.
If it is impossible to pay to the addressee for the cash on delivery transfer, it is not returned to the place of filing, but is sent to the BKP for storage with the next transferable reporting.
Newspapers addressed to “On Demand”, after the expiration of the established storage period, are transferred to waste paper, and magazines and supplements to them - to the enterprises of “Soyuzpechat” for their sale in the retail network under the invoice f. 16, where they are recorded with the name, numbers and cost.
619. Before sending or returning a postal item, it is carefully checked: whether all measures for the delivery of the postal item have been exhausted; whether there are sufficient grounds for sending or returning him.
Simple correspondence is sent (returned) and handed over to addressees with certificates f. 20. When sending or returning a simple item at the request of the addressee (sender), as well as when sending or returning a registered item on the reverse side of its shell, transfer (transfer telegram), accompanying address to the parcel, a note is made about the reason for the dispatch (return), which is certified imprint of the calendar stamp. The same notes are made in the book f. 8 and in the audit journal f. 20 indicating the date of return or dispatch.
When sending or returning a transfer telegram, when a telegraphic transfer f. 114 has not yet been received, on its reverse side an imprint of the official seal is affixed and a note is made that the telegraphic transfer has not been received, which is certified by the signature of the employee.
For sent and returned parcels, valuable letters, valuable parcels, transfers (if the first notification is not returned by the recipients), notifications f. 22, which indicate the reasons and date of dispatch (return). Notices are placed according to the incoming numbers in the cumulative filing cabinets.
When filing notices by days of issue, a note on the date of sending or returning mail is made on incoming invoices f. 16, and the reason is in copies of invoices for sent or returned valuable letters, parcels and parcels.
The correctness of sending and returning postal items is checked by the heads of workshops (sections), post offices or their deputies, who sign notes on the reason for sending or returning the postal item. No delivery or return is allowed without their signature.
Notices with references from the address bureau (group) are stored at communications enterprises with registers and invoices for sent and returned items.
620. On sent or returned postal items, accompanying addresses to parcels or on transfers, old addresses and six-digit indexes are crossed out, and on the address side it is written: when sending - the letter "D" and the name of the new destination; when returning - the letter "B" and the name of the point where the shipment is being returned (Fig. 110 - not shown).
The letters "D" and "B" are written and underlined with a red pencil or ballpoint pen.
When sending, a new detailed address is written:
- on letters, parcels, transfers, shipping addresses for parcels - on their reverse side;
- on postcards - on help f. 20 attached to their address side;
- on the parcels - on the label f. 19, attached to their address side, or the corresponding stamp imprint (Fig. 111).
Rice. 111. A sample of the design of the label f. 19 for a forwarded parcel
The sent and returned parcels in a polyethylene cover are sealed in paper (tied and sealed), all the necessary data is transferred to the new cover.
Sent and returned money transfers, valuable letters, valuable parcels and parcels are assigned by name to the registers f. 11 or invoice f. 16 indicating the letter "D" or "B" and the following data: filing number, place of filing and place of dispatch, if the register (invoice) does not follow to the destination of the sent (returned) postal item.
Registered letters with registered and telegraph notifications, with the marks "Deliver in person", "Summons" upon sending or returning from the first stage, are assigned to the register f. 11 in the above order, and then sent without a postscript.
Returned and forwarded transfers are assigned to a separate (from accepted transfers) register f. 11, at the top of which there is a mark “To be sent” or “Returned”, and opposite the record of each of the transfers, the reason for sending (returning) and the incoming serial number are indicated. These transfers with the register are sealed in an envelope on which is written "Custom post-package with translations" and are addressed to the communications company of the place of payment for the transfers.
621. At the written request of the sender or addressee, a postal or telegraphic transfer may be sent by telegraph. In this case, a transfer telegram is sent to the new destination, in the service header of which the name of the communications company sending the transfer is indicated. Before the text are written: the word "Sent", the new destination of the transfer and the address, then the word "transfer" and its filing number, the original company of the transfer and its number designation, the word "postal" or "telegraphic", the date and month of submission in words, and then the data of an ordinary translation telegram.
An example of drawing up a telegram for a telegraphic transfer to be sent:
622. Transferable telegrams that have not been paid for to the addressees shall be returned by mail to the sender's place of residence indicated on the telegraphic transfer.
At the request of the sender, telegraphic and postal orders can be returned by telegraph. In this case, the transfer telegram is drawn up in the following order: the destination of the transfer, the address of the sender, the number designation of the enterprise of the place of transfer, write the word "Returnable" and indicate the reason for the return, the word "transfer" and its number, the word "postal" or "telegraphic ”, The date and month of submission (in words), the word“ addressed ”, then the last name, first name, patronymic of the recipient or the name of the organization to which the transfer was addressed, the word“ issue ”and the amount of the transfer; the word "sender", his last name, first name and patronymic or the name of the organization; code (if required) and signature of the head (deputy) of the enterprise.
A sample of drawing up a transfer telegram for translation, returned to the place of filing:
In cases where the transfer is returned not to the place of origin, after its number, the company where the transfer was sent and the number designation are indicated.
A sample of drawing up a transfer telegram for a transfer, returned to the wrong place of filing:
623. For the return and dispatch of postal and telegraphic transfers, parcels and parcels, a fee is charged in accordance with the price list "Tariffs for communication services":
a) for transfers - only for transmission by telegraph;
b) for parcels and parcels - for weight at the rate established for their shipment.
Postal items, which the addressees have refused or which they have not received within the established storage period, are returned to the senders at the expense of the latter.
In accepting the payment for the return and dispatch of postal items, a receipt is issued from the notebook f. 47.
624. If the fee for sending (returning) a telegraph or postal order by telegraph has not been paid, then when drawing up a transfer telegram, it is necessary to indicate before the word “Transfer” “Collect a fee for sending (returning)”.
A sample of drawing up a transfer telegram for a returned or forwarded transfer, if no fee has been paid for forwarding or returning:
625. A postal order sent or returned by telegraph shall follow the telegram. To prevent secondary payment, the word "Postal" is crossed out on the transfer, and instead of it, "Telegraphic" is written in ink or a ballpoint pen. On its reverse side, "To telegram N ... from ..." is added (the number of the translated telegram according to the audit log f. 26 and the name of the communications company that sent or returned the transfer). The previous address of the recipient is crossed out on the transfer, and a note is made on the reverse side of the reason for sending or returning with a detailed address. The place intended for the receipt of the addressee and the indication of the amount shall be crossed out.
On the reverse side of the telegraphic transfer f. 114, returned or sent by telegraph, the controlling person makes a note of when, where (detailed address), for what reason the transfer was returned or sent, and indicates its number according to the audit journal f. 26, as well as the name of the communications company that returned (sent) the transfer, that is, "To telegram N ... from ...", and the number according to the audit journal f. The 26 indicated at the place of filing is crossed out. Telegraphic transfer f. 114 is sent by mail following the telegram. The same marks are made on a genuine transferable telegram, and then the telegram is crossed out crosswise with ink or a ballpoint pen and remains at the enterprise upon notification.
626. When sending, returning a transfer telegram by mail, a telegraphic transfer f is attached (attached) to it. 114 and are sent to their destination.
In case of receiving a telegraphic transfer f. 114 after sending or returning the transfer telegram, the previous address of the recipient is crossed out and after registration, in the above order, it is immediately sent (sent or returned) following the transfer telegram.
627. The returned postal item shall be issued to the sender in accordance with the general procedure provided for the issuance of incoming items.
When issuing returned COD postage to senders, the shipping fee for the COD will not be refunded.
Before issuing money to the sender on the returned transfer, in order to prevent secondary payment, an inquiry is made whether the money was paid earlier. Before paying for a telegraphic transfer, the communications company of the place of origin verifies the information specified in the returned translation telegram with the information in the outgoing translation telegram.
If a registered item is returned to the sender, which has not yet been sent to its destination, it is recorded in the book f. 8 or invoice f. 16 (register f. 11), compiled in one copy indicating the reason for the return, and issued in the manner prescribed for the issuance of incoming registered postal items. Transfers sent by enterprises, organizations and institutions are returned by transfer to their current account.
628. Orders for forwarding or returning postal items received at enterprises of destination, after their execution, are attached to copies of consignment notes and registers to which the sent and returned items are assigned.
When sending a letter, you need to decide in advance what it will be. There are 2 types of shipment that the Post will offer you: Regular and registered. They differ in the methods of obtaining and cost.Regular letter
Choosing a regular letter, you will have to fill out an envelope, indicating the address and surnames of the recipient and sender, buy a stamp and throw the letter in the mailbox. This is the easiest and most convenient way: the postman will throw the letter into the recipient's mailbox, and he will not need to go anywhere.
Registered letter
The second option of sending is by registered order. In this case, you will need to fill out a receipt, indicating the address and full name of the recipient and the sender, choosing the nature of the shipment (simple, with an inventory, registered or parcel post), and hand it over personally to the post office employee. You will be given a check of payment, which will indicate the individual number of the shipment. You should not throw away the check: in case of loss, it will come in handy.
Search for a letter in the Mail - we act according to plan
If you have chosen the first sending option, then the search for the letter will be impossible: it does not have a postal number, so it is impossible to track its movement, since these letters are not registered anywhere. As a consolation, it is worth noting that such letters are extremely rare, mostly from mailboxes.
Searching for a registered letter is more real and productive, and here you will need a check issued upon sending.
Go to the Russian Post website;
select the section "Tracking postal items";
type in the number indicated on the check: it must be 14 digits. Drive in without spaces and brackets, if present;
after making a search, the site will show a sign by which you can track when and in what place the letter was last. This data will help you understand whether it is worth filing for the wanted list or is it too early.
Delivery times for registered letters vary from 10 days to 1-2 months, depending on the distance and workload of the Post. If enough time has passed, and the letter is still in progress, the sender and only he can write a request for search. This will require a clear copy of the shipping receipt, passport and pen.
At the post office, you will be given a search application form, in which you need to accurately indicate all the data you have: dates, addresses, surnames, the nature of the shipment and your contact information.
In case of difficulties, employees will help you fill it out correctly. They will take copies of the checks and the application itself, check it in front of you and give you a tear-off coupon, which will guarantee that the application will be sent for consideration.
The search term can be up to 2 months. You can find out about the status by calling the "hot line", calling the application number.
16:08 - REGNUM
Publishes the full text of the response of the management of the federal postal service of the Pskov region to the publication on the agency's tape.
"At a joint meeting of the management of the FPS Office of the Pskov Region, a branch of the Federal State Unitary Enterprise" Russian Post "and the regional Office of the FSSP with the participation of officials of these departments, issues related to the delivery and delivery of registered letter correspondence were considered. The debtors were returned to the sender in January 2011. This situation does not suit either side.
Some letters do not reach the addressees because the addresses on the envelope are incorrectly formatted (the sender's and recipient's addresses must be complete), in particular, the index is not indicated. The bailiffs promised to eliminate this defect in the near future, especially since in the first quarter of this year all written correspondence will be processed in an automated sorting center in St. Petersburg. Messages with a misspelled index, without an index, will be returned to the sender. Also, the employees of the regional Office of the FSSP undertook to correctly draw up form 103 lists for registered mail handed over to the post office.
With regard to the delivery of correspondence, the postal workers explained that according to the Rules for the provision of postal services, secondary notices must indeed be delivered against signature to the addressee. But postmen work in the daytime, often the addressees are not at home - so they leave notices in the mailbox. Postal workers undertook to indicate on the back of the letter the date of delivery of the secondary notice or the reason for not delivering it.
After the expiration of the storage period (one month), the letters are returned to the sender - there is no violation of the Rules for the provision of postal services in this. But the inscription "Expired storage period" does not suit the bailiffs at all: it does not carry information. The Regional Office of the FSSP sends special correspondence: in envelopes - documents related to the execution of court decisions. If the addressee was not at home, no sanctions will be applied to him. If the debtor refused to receive the letter, that's a completely different story. Therefore, postmen must write on the envelopes: "was not at home", or "refused", or "handed over." This is important information for the further actions of the bailiffs. Note that debtors and deviators are in no hurry to go to the post office for letters from the regional Office of the FSSP with repeated notifications, which is not surprising.
The bailiffs and postal workers, disposed to further cooperation, having listened to their wishes and comments, came to the conclusion that "over time, all the roughness will be eliminated."
Larisa Ivanova, Leading PR Specialist of the FPS of the Pskov Region - a branch of the Federal State Unitary Enterprise "Russian Post" (
There is no special procedure for the delivery of postal items to legal entities, therefore, the actions of postal workers in this case are similar (according to clause 23.2 of order No. 114-p, to legal entities, delivery of registered postal items with acknowledgment of receipt is carried out in a general manner). Therefore, if it is impossible to deliver the postal item delivered to the address, the postman will omit the notification f. 22 to the company's PO Box (if there is one) or leave it in the mailbox of the support point on the ground floor of the building at the company's address (again, if there is one). If the postman did not find its representative at the address of the company and because of this he could not serve the court notice and the company does not have a mailbox or cell into which the notification f. 22, the company itself bears the risk of not receiving judicial notice.
How to revoke a certified letter?
Although in reality, if you turn to the Services for legal entities section of the official website of the Russian Post, it turns out that the mail is ready to offer corporate clients only two types of standard contracts related to mail delivery services. The first is about the leasing of the cells of the post office cabinets in the post offices (in this case, the postal workers will put the notifications f. 22 into these boxes). The second is for the provision of postal services for the reception, processing, forwarding and delivery of all types of domestic postal items.
But all of its conditions are devoted to sending and delivering items on behalf of the company to other addressees. There are no conditions regarding the delivery of registered mail received by the company itself, as well as notifications of its receipt in this agreement.
Attention
Postal items are delivered to the addresses indicated on them (clause 33 of rules No. 221, clause 20.2 of order No. 114-p). The address must be indicated exactly, clearly and without corrections, it must not contain signs that do not relate to the address, and abbreviated names (clause 22 of Regulation No. 221). For the purposes of postal rules, a legal representative means a person who has a power of attorney drawn up in accordance with the established procedure (cl.
2 of Regulation No. 221). Service of court notices. Postal items are delivered and handed over to the addressee or his legal representative against receipt in a special notice (its form is called f. 22, this is Appendix No. 19 to order No. 114p). A notice is a notification of the addressee by the post office that a postal item has arrived in his name and how you can receive it.
How do I return a certified letter addressed to me?
Important
Therefore, the most reasonable thing a company can do as a measure necessary to receive registered mail (including to secure evidence of taking such action in case of a dispute in court) is to rent a PO Box at the post office and check it regularly. Nota bene! Secondary notices are handed over against a receipt on its detachable part with an indication of the date of delivery. If it is impossible to deliver this notice, it is also left in the mailbox or in the cell of the mailbox, while on the tear-off part of the notice they make the mark Lowered into the post office box with the date and signature of the postal worker (p.
20.5 of order No. 114-p). Secondary notice. If the addressee does not appear for the receipt of the judicial postal item in the mail within three working days after he was left with the initial notification f.
The parcel went back, the notification did not come, what should I do?
I regularly receive postal correspondence at the indicated address, which can be confirmed by numerous registered letters sent to my address, entered in the register and duly received directly from the delivery department of the said post office. According to clause 35 of the Rules for the provision of postal services (approved by the decree of the Government of the Russian Federation of April 15, 2005 N 221), “postal items and postal orders, if it is impossible to deliver (pay) them to addressees (their legal representatives), are stored in postal facilities for a period of months ”.
Temporary (or even permanent) absence of the addressee is not the basis for sending the registered mail to the addressee before the expiration of the specified period. Art.
How long is the parcel or letter kept in the department?
The order of delivery, delivery, storage and return of court notices by mail Order No. 114-p can be found, in particular, on the official website of the Russian Post in the Documents section, and special conditions No. 343 on the website http://base.garant.ru. Neither order # 114-p nor special conditions # 343 have been officially published and are local regulations of the Russian Post. Notification of a party about the process is appropriate in three cases.
Firstly, if the case materials contain documents that confirm the direction by the court to the person participating in the case, a copy of the first judicial act in the case (in the manner prescribed by Article 122 of the Arbitration Procedure Code of the Russian Federation) and its receipt by the addressee (notification of delivery, receipt, other documents according to part 5 of article 122 of the APC RF). Secondly, if there is other evidence in the case that the party has received information about the process that has begun (part 1 of article 123 of the APC RF).
How long does it take for a registered letter to be sent back to the sender?
Order No. 114-p establishes the specifics of handling items of various categories, contains more detailed provisions on the delivery of correspondence compared to Regulation No. 221. And special conditions No. 343 define specific rules for the delivery, storage and return of court notices. How postal items of the Judicial category should be delivered.
Depending on the type of postal item, the requirements for the procedure for its delivery, storage and return are determined. Particularly noteworthy is the information that must be indicated in special forms: in the event of a disputable situation, the analysis of this information will help the addressee to prove that the mail, without delivering him a judicial notice, violated the established procedure.
